Posted by BrendaTx on 9/1/09 12:51pm
Msg #302481

Take note, Tx Notaries - HB 3186 and Thumbprints Collection

HB 3186 goes into effect today. I was reading the new State of Texas Bar Journal and saw the blurb then I looked it up. Glad there are no thumbprints in my notary journals...unless I am wrong, Texas notaries should definitely not be collecting thumbprints on their own whim by what I read below.

Texas is locking down harder than any other state on collection of biometric identifiers (for this purpose, includes fingerprints or thumbprints; also includes retina scans, etc.)

An "unofficial" legal opinion given to me today regarding this bill and the concept overall as a Texas notary is if your notary rules don't require it why open yourself up to additional liability? I totally agree and have been trying to convey that to others who are taking thumbprints in Texas.

This new law sanctions (in my mind) my opinion that Texas Lawmakers are still serious about protecting Texans from providing more ID proof than required by notaries where our rules specifically state what is required.

Notice between the >>>___<<< which I added below that financial transactions are mentioned. The way I understand this unless the capture of the thumbprint and disclosure of the same is a term of the completion of the transaction (such as cashing a check in the bank, perhaps?) then it's not necessary. And, even if it is necessary, there's now a time limit on how long they can be kept and a tightening up on how they are to be kept. So glad I never decided to require/request a thumbprint. Otherwise I'd be going through all my old notary journals trying to "destroy" the prints before October 1, 2009.


Bill's link: http://www.capitol.state.tx.us/tlodocs/81R/billtext/doc/HB03186F.doc

AN ACT
relating to the collection and use of biometric identifiers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 503.001, Business & Commerce Code, is amended by amending Subsection (c) and adding Subsections (c-1) and (c-2) to read as follows:
(c) A person who possesses a biometric identifier of an individual that is captured for a commercial purpose:
(1) may not sell, lease, or otherwise disclose the biometric identifier to another person unless:
(A) the individual consents to the disclosure for identification purposes in the event of the individual's disappearance or death;
>>>(B) the disclosure completes a financial transaction that the individual requested or authorized;<<<<
(C) the disclosure is required or permitted by a federal statute or by a state statute other than Chapter 552, Government Code; or
(D) the disclosure is made by or to a law enforcement agency for a law enforcement purpose in response to a warrant; [and]
(2) shall store, transmit, and protect from disclosure the biometric identifier using reasonable care and in a manner that is the same as or more protective than the manner in which the person stores, transmits, and protects any other confidential information the person possesses; and
(3) shall destroy the biometric identifier within a reasonable time, but not later than the first anniversary of the date the purpose for collecting the identifier expires, except as provided by Subsection (c-1).
(c-1) If a biometric identifier of an individual captured for a commercial purpose is used in connection with an instrument or document that is required by another law to be maintained for a period longer than the period prescribed by Subsection (c)(3), the person who possesses the biometric identifier shall destroy the biometric identifier within a reasonable time, but not later than the first anniversary of the date the instrument or document is no longer required to be maintained by law.
(c-2) If a biometric identifier captured for a commercial purpose has been collected for security purposes by an employer, the purpose for collecting the identifier under Subsection (c)(3) is presumed to expire on termination of the employment relationship.
SECTION 2. (a) The changes in law made by this Act apply to a biometric identifier possessed by a person:
(1) on or after the effective date of this Act; or
(2) before the effective date of this Act, subject to Subsection (b) of this section.
(b) A person who before the effective date of this Act possesses a biometric identifier that is required to be destroyed because of the changes in law made by this Act shall destroy the biometric identifier on or before October 1, 2009.
SECTION 3. This Act takes effect September 1, 2009.


______________________________ ______________________________
President of the Senate Speaker of the House

I certify that H.B. No. 3186 was passed by the House on May 15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not voting; and that the House concurred in Senate amendments to H.B. No. 3186 on May 29, 2009, by the following vote: Yeas 136, Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3186 was passed by the Senate, with amendments, on May 25, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date



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I think they are serious. Just opinion. I think I'll submit this to the Secretary of State to see if they have an opinion on it as far as notaries are concerned.

Reply by BrendaTx on 9/1/09 12:55pm
Msg #302482

Biometric Identifier defined for Texans

In the Government Code:

§ 560.001. DEFINITIONS. In this chapter:
(1) "Biometric identifier" means a retina or iris
scan, fingerprint, voiceprint, or record of hand or face geometry.

Reply by dickb/wi on 9/1/09 3:49pm
Msg #302498

i agree 100% with your thoughts brenda and.....

the notary law institute about 2 years ago cautioned notaries country wide to be aware that unless there notarial rules [such as ca in certain land transfers] require it, to NOT take thumb Ptrints......

Reply by MW/VA on 9/1/09 6:09pm
Msg #302520

Great post, Brenda. I think I remember one of your fellow Texas notaries saying he does get thumbprints. Some people think doing more than required is better--not in this case.

Reply by BrendaTx on 9/1/09 6:20pm
Msg #302523

Thanks, MW/VA and Dick. Thumbprints are NOT

a Texas requirement and by the looks of what the lawmakers say they are not something to be collected indiscriminately.

I was glad to get an unofficial legal opinion on it this morning that notaries need not bring more liability on themselves because it's what sue_pa and I have intuitively known...apparently some of the other "old timers", as well.

I knew that this would eventually become an issue with Texas because the state is protective of the public's identity. So much that they removed the need for having a signer execute the notary's journal.

Reply by Jim/AL on 9/1/09 7:43pm
Msg #302526

Thumbprints are okay here and I collect one everytime I

do a notarization. They are not dis-allowed and IMO if someone does not want to give me one, then I am going to look harder than usual at their ID's and usually require more proof.

Crooks were recently busted in CA and also in AL because of a print in a notary journal was able to be used to find the perpetraitors (sp?).

Read an xyz magazine blurb about a notary in CA who forgot to fingerprint on a couple CA property related transactions, she decided to use her own to cover her tracks and lost her commission and paid some large fines when she got caught.

Another blurb about a PA notary that called to see who's fingerprint she should collect, because she had been always printing herself until someone questioned it and she called xyz to clarify...this one had me laughing my butt off.

Reply by BrendaTx on 9/1/09 8:34pm
Msg #302532

Re: Thumbprints are okay here and I collect one everytime I

*Read an xyz magazine blurb about a notary i*

It's the xyz blurbs that have given Texans the idea...which apparently isn't a good idea for them. (Okay, that was just me harrumphing at the xyz.)

Hey, we all gotta do what we think is right. In our case (Texans), I think the lines and boundaries are starting to take shape.

Reply by MW/VA on 9/2/09 8:24am
Msg #302549

Re: Thumbprints are okay here and I collect one everytime I

I don't see how a thumbprint verifies identity, which is what we do. We don't have access to a database of thumbprints. XYZ loves to create hype. I imagine they're the one's responsible for all the ridiculous notary laws in CA. Can you imagine having to submit your original commission certificate, only order stamps from an authorized source, and having to submit a copy of that stamp before you get your commission renewal. This is what one of NotRot's members posted about having to go through recently. IMO, if we follow the Patriot Act requirements for identification that should suffice.

Reply by BrendaTx on 9/2/09 9:02am
Msg #302557

* XYZ loves to create hype. *

Or, as Julie/MI would say, "the sky is falling" or "the Chicken Little Syndrome".

Hype sells.

Reply by MW/VA on 9/2/09 4:19pm
Msg #302632

Re: * XYZ loves to create hype. *

What?? Given up on being an anonymous troll so soon?

Reply by BrendaTx on 9/2/09 5:50pm
Msg #302645

Re: * What?? Given up on being an anonymous troll so soon? *

Yeah, it didn't pay enough.

Reply by Mae/TX on 9/3/09 10:50am
Msg #302743

Thanks for calling this to our attention. My notary journals are also free of thumb prints... mainly because no SS or TC has requested it.