Texas Local Government Code 191.011 – Authority of Clerks to Obtain and Retain Identifying Information in Certain Counties
(a) In this section:
(1) “Biometric information” means a retina or iris scan, digital or electronic fingerprint scan, voiceprint, or record of hand or face geometry.
(2) “Electronic storage” has the meaning assigned by § 205.001.
(3) “Ex officio service” has the meaning assigned by § 118.023.
(4) “Identifying information” means information in any form, other than biometric information, that may be used to identify an individual. The term includes information derived from:
(A) a driver’s license, personal identification card, or other document, regardless of the intended use of the document;
(B) a photograph;
(C) a recording of the individual’s image or voice, including a video or audio recording; or
(D) any other physical or electronic source.
(5) “Public service” means a service related to an official governmental power, duty, program, or activity. The term does not include an incidental service provided only as a courtesy to a member of the public.
(b) A county clerk or district clerk in a county that allows for electronic filing or recording of documents or other instruments may require an individual to present photo identification and copy or record identifying information, including a document on which the information is viewable, if the individual:
(1) presents a document or other instrument for filing or recording to the county clerk or district clerk; or
(2) requests or obtains an ex officio service or other public service provided by the county clerk or district clerk.
Terms Used In Texas Local Government Code 191.011
- Ex officio: Literally, by virtue of one's office.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(b-1) A county clerk or district clerk who requires an individual to present photo identification under Subsection (b) may not accept a document or other instrument for filing or recording if the individual presents the document or other instrument in person and does not have or refuses to provide a photo identification.
(c) A county clerk or district clerk may maintain identifying information copied or recorded under this section in an electronic storage format.
(d) Except as otherwise required or authorized by law, a county clerk or district clerk may not charge a fee to copy or record identifying information.
(e) Identifying information copied or recorded under this section is confidential except for use in a criminal investigation or prosecution or a related civil court proceeding.