Section 161.0825 - Use of Certain Electronically Readable Information(a) In this section, "transaction scan device" means a device capable of deciphering electronically readable information on a driver's license, commercial driver's license, or identification certificate.(b) A person may access electronically readable information on a driver's license, commercial driver's license, or identification certificate for the purpose of complying with Section 161.082.(c) Information accessed under this section may not be sold or otherwise disseminated to a third party for any purpose, including any marketing, advertising, or promotional activities. The information may be obtained by court order or on proper request by the comptroller, a law enforcement officer, or a law enforcement agency.(d) A person who violates this section commits an offense. An offense under this section is a Class A misdemeanor.(e) It is an affirmative defense to prosecution under Section 161.082 that: (1) a transaction scan device identified a license or certificate as valid and the defendant accessed the information and relied on the results in good faith; or(2) if the defendant is the owner of a store in which cigarettes, e-cigarettes, or tobacco products are sold at retail, the offense under Section 161.082 occurs in connection with a sale by an employee of the owner, and the owner had provided the employee with: (A) a transaction scan device in working condition; and(B) adequate training in the use of the transaction scan device.Tex. Health and Safety Code § 161.0825
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 181,Sec. 5, eff. 10/1/2015.Added by Acts 2005, 79th Leg., Ch. 391, Sec. 1, eff. 9/1/2005.