In Texas, the law provides an affirmative defense when using an ID Scanner and also provides consumer privacy protection. The data obtained from ID scanning can only be saved for as long as required by the Texas Alcoholic Beverage Commission (TABC) and may not be used for marketing purposes. Violation of these regulations is considered a Class A misdemeanor.
The Texas ID Scanner Law, updated on April 16, 2020, is outlined in Section 109.61 of the Texas Alcohol Beverage Control Code. Here are the key points:
Access to Information: 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 this code or a rule of the commission, including for the purpose of preventing the person from committing an offense under this code.
Retention of Information: Information accessed may not be retained unless the commission requires it. The information may not be retained longer than the commission requires. After printing or transferring data, the transaction scan device may clear the scanned information from the device or any memory in the device.
Use of Information: Information accessed under this section may not be marketed in any manner.
Violation: A person who violates this section commits an offense. An offense under this section is a Class A misdemeanor.
Affirmative Defense: It is an affirmative defense to prosecution under this code, for an offense having as an element the age of a person, that a transaction scan device identified the license or certificate of the purchaser as valid and that the person is over 21, and the defendant accessed the information and relied on the results in good faith.
The full act can be found on pages 182 and 183 of the Texas Alcohol Beverage Control Code.
For hotels in Texas, these regulations have several implications. Firstly, hotels can use ID scanners to verify the age and identity of guests, particularly when serving alcohol. However, the information obtained from these scans can only be retained for as long as required by the TABC. This information cannot be used for marketing purposes.
Hotels also have an affirmative defense if a transaction scan device correctly identifies a guest as being over 21. However, this defense only applies if the hotel accessed the information in good faith and relied on the results.
Please note that this information is intended to provide a general overview and does not constitute legal advice. Always consult with a legal professional for advice specific to your situation
Yes, hotels in Texas can use ID scanners to verify the age and identity of guests.
Hotels can only retain the information for as long as required by the TABC. Stay compliant by using Guest Ban ID scanners to set retention length.
No, the information obtained from ID scans cannot be used for marketing purposes.
Violating these regulations is a Class A misdemeanor.
An affirmative defense is a fact or set of facts that, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
Yes, hotels can rely on the results of a transaction scan device as an affirmative defense, provided they accessed the information in good faith.