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.