Texas Statutes
Subchapter H. Distribution of Cigarettes, E-Cigarettes, or Tobacco Products
Section 161.0825. Use of Certain Electronically Readable Information

Sec. 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.
Added by Acts 2005, 79th Leg., Ch. 391 (S.B. 1465), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 5, eff. October 1, 2015.

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