Is HPD commititng a crime???

[O'Mike]

Got a question that maybe the legal minds can help clarify for me. Hopefully this has not been done time and again before. My search skills did not come up with anything.

When I recently checked into a motel for a few hours to spend with a friend, the clerk asked for my Drivers License, not unusual, but then she swiped it through the machine! I confronted her about that and she said HPD is making them do it.

My understanding from the law, that is a part of the Texas Transportation Code, it is illegal for her to get electronic information from my TDL. Now if Houston Police is making them do that is that not a crime on their part?

What recourse does the public have when confronted with this? I have also recently heard it happening at other businesses that are in no way authorized by the state to access the information electronically.

I feel that there is no justifiable legal reason for a clerk at a motel/hotel to swipe my personal information off my drivers license.

Thanks for the help on this.

Texas Transportation Code

Sec. 521.126. ELECTRONICALLY READABLE INFORMATION. (a) The department may not include any information on a driver's license, commercial driver's license, or personal identification certificate in an electronically readable form other than the information printed on the license and a physical description of the licensee.
(b) Except as provided by Subsections (d), (e), (g), (i), and (j), a person commits an offense if the person:
(1) accesses or uses electronically readable information derived from a driver's license, commercial driver's license, or personal identification certificate; or
(2) compiles or maintains a database of electronically readable information derived from driver's licenses, commercial driver's licenses, or personal identification certificates.
(c) An offense under Subsection (b) is a Class A misdemeanor.
(d) The prohibition provided by Subsection (b) does not apply to a person who accesses, uses, compiles, or maintains a database of the information for a law enforcement or governmental purpose, including:
(1) an officer or employee of the department carrying out law enforcement or government purposes;
(2) a peace officer, as defined by Article 2.12, Code of Criminal Procedure, acting in the officer's official capacity;
(3) a license deputy, as defined by Section 12.702, Parks and Wildlife Code, issuing a license, stamp, tag, permit, or other similar item through use of a point-of-sale system under Section 12.703, Parks and Wildlife Code;
(4) a person acting as authorized by Section 109.61, Alcoholic Beverage Code;
(5) a person establishing the identity of a voter under Chapter 63, Election Code;
(6) a person acting as authorized by Section 161.0825, Health and Safety Code; or
(7) a person screening an individual who will work with or have access to children if the person is an employee or an agent of an employee of a public school district or an organization exempt from federal income tax under Section 501(c)(3), Internal Revenue Code of 1986, as amended, that sponsors a program for youth.
(e) The prohibition provided by Subsection (b)(1) does not apply to a financial institution or a business if the information is accessed and used only for purposes of identification verification of an individual or check verification at the point of sale for a purchase of a good or service by check. The prohibition provided by Subsection (b)(2) does not apply to a financial institution if each license or certificate holder whose information is included in the compilation or database consents to the inclusion of the person's information in the compilation or database. Consent under this subsection must be on a separate document, signed by the license or certificate holder, that explains in at least 14-point bold type the information that will be included in the compilation or database. For the purposes of this subsection, "financial institution" has the meaning assigned by 31 U.S.C. Section 5312(a)(2), as amended.
(f) A person may not use information derived from electronically readable information from a driver's license, commercial driver's license, or personal identification certificate to engage in telephone solicitation to encourage the purchase or rental of, or investment in, goods, other property, or services.
(g) If authorized by the executive or administrative head of a maritime facility as defined in the Maritime Transportation Security Act of 2002 (46 U.S.C. Section 70101 et seq.), or of a port, port authority, or navigation district created or operating under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, a person may access, use, compile, or maintain in a database electronically readable information derived from a driver's license, commercial driver's license, or personal identification certificate to secure the facility or port. The information may be used only to:
(1) identify an individual;
(2) provide official credentials for an individual;
(3) track or limit the movement of an individual on facility property;
(4) establish a secure database of visitors to the facility;
(5) access the information at terminal and gate operations of the facility; or
(6) conduct other security or operational activities as determined by the executive or administrative head.
(h) Except as provided by Section 418.183, Government Code, the electronically readable information derived from a driver's license, commercial driver's license, or personal identification certificate for the purposes of Subsection (g) is confidential and not subject to disclosure, inspection, or copying under Chapter 552, Government Code.
(i) The prohibition provided by Subsection (b) does not apply to a hospital that accesses, uses, compiles, or maintains a database of the information to provide health care services to the individual who holds the driver's license, commercial driver's license, or personal identification certificate.
(j) Except as otherwise provided by this subsection, a hospital may not sell, transfer, or otherwise disseminate the information described by Subsection (i) to a third party for any purpose, including any marketing, advertising, or promotional activities. A hospital that obtains information described by Subsection (i) may transfer the information only in accordance with the rules implementing the federal Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191). A business associate, and any subcontractor of the business associate who receives the transferred information, may use the information only to service or maintain the hospital's database of the information.
(k) If an individual objects to the hospital collecting the individual's information from the individual's driver's license as described by Subsection (i), the hospital must use an alternative method for collecting the individual's information.

[Capt. Lincoln F. Stern]

You raise a valid point.. I can understand the proprietor writing down your TDL info but in electronic form it can be fed into a police DB before you even get comfortable in the room.

[PhantomofTheOpera]

No, HPD does not have the ability to enact and enforce laws, just enforce the laws that are on the books. No law enforcement agency has the ability to do what you described.

What you were told was false and possibly an outright lie as LE cannot do what that clerk told you. Now LE can tell the hotel operator that they are to do that IF there is a law or city ordinance that directs the hotel operator to it but then LE is enforcing the law at that point.

There is one error in your research which is you did not look at any city ordinances which can add to what the State has set forth but cannot contradict what the State or Federal government sets forth.

If you think your rights were violated there is a State agency as well as a city department that handles operators of hotels and their licenses. Write that agency with a complaint and remember, you will have to use your real world information if you file a complaint.

Originally Posted by O'Mike

Got a question that maybe the legal minds can help clarify for me. Hopefully this has not been done time and again before. My search skills did not come up with anything.

When I recently checked into a motel for a few hours to spend with a friend, the clerk asked for my Drivers License, not unusual, but then she swiped it through the machine! I confronted her about that and she said HPD is making them do it.

My understanding from the law, that is a part of the Texas Transportation Code, it is illegal for her to get electronic information from my TDL. Now if Houston Police is making them do that is that not a crime on their part?

What recourse does the public have when confronted with this? I have also recently heard it happening at other businesses that are in no way authorized by the state to access the information electronically.

I feel that there is no justifiable legal reason for a clerk at a motel/hotel to swipe my personal information off my drivers license.

Thanks for the help on this.

[Capt. Lincoln F. Stern]

Ok.. if ther is a city ordinance that tells the clerks to record my electronic TDL info, does that not violate the law posted above? And would not the clerk be acting as an agent of the law in respect of gathering information, like a data entry clerk?

A good way to test this is go to a normal hotel like Ramada, Hilton, etc... and see if they require it.

[Vercengetorix]

I've stayed in Houston hotels recently, like ones you mentioned, and they did not swipe my license. So, it's not all the hotels asking

[Jadore Introductions]

Maybe data mining?

Here in new orleans it is common pratice for strip clubs to swipe you DL . It collects all your info such as you age address and your race etc etc .

What it is used for it to know where to spend advertisement dollars.

EX. if 10,000 ids are swiped and only 2% are from dallas it tells the club that advertiseing in dallas is a waste of money.

Way back when I worked in a strip club we did it every nite at the door and when someone would say something we would just say its the law to avoid a dispute.

that could be it.

Maybe they are looking for info on where and to what group to advertise.




just my .02

[Bebe Le Strange]

Wasn't there a Houston Council decision made on one hour motels some time back? I seemed to recall it. I think they passed some type of ordinance in the city of Houston, and collecting information on the customers was required. I also recall the truckers union up in arms about it. I just can't remember the details on it though.

[BlackCowMoo]

Isn't there an official city office you can call to ask if this is valid/legal or send an email to an city official site asking about this?

Call the TV news department. Isn't there a troublshooter section where an investigating reporter addresses concerns.... "Houston citizens ...err mongers ...want to know?" hehe

If your license has a magnetic strip and this is what is being swiped, ask for a duplicate license and run a magnet through the strip making it useless. Then use it only for checking into motels or for other data mining concerns. Use the other good duplicate license for everything else.

[Capt. Lincoln F. Stern]

Originally Posted by Jadore Introductions

Maybe data mining?

Here in new orleans it is common pratice for strip clubs to swipe you DL . It collects all your info such as you age address and your race etc etc .

What it is used for it to know where to spend advertisement dollars.

EX. if 10,000 ids are swiped and only 2% are from dallas it tells the club that advertiseing in dallas is a waste of money.

Way back when I worked in a strip club we did it every nite at the door and when someone would say something we would just say its the law to avoid a dispute.

that could be it.

Maybe they are looking for info on where and to what group to advertise.




just my .02

I think a few websites got in legal hot water for "data mining"
What concerns me is that the hotels that seem to want to swipe my ID are the ones that offer room rates at an hourly rate.

Think about it, if the cops have access to this data and they see a hotel at ____ location renting 10-20 rooms a week for no longer than 2-3 hours per rental, it raises suspicion

[oleguy]

I'm in Houston monthly and they don't even look at my drivers license. He only wants my credit card. Actually South Houston near Hobby Airport.

[Capt. Lincoln F. Stern]

Originally Posted by oleguy

I'm in Houston monthly and they don't even look at my drivers license. He only wants my credit card. Actually South Houston near Hobby Airport.

Which hotel? reason I ask is that most Hilton's Ramada Inn's etc.. hotels like that do not rent rooms by the hour

the Scottish Inn's Palace Inn's, etc.... they all seem to want your ID and rent by the hour.

if its a set chain of hotels/motels and we can prove there is no ordinance requiring the ID swipe, then we can tell the guy to kiss off.. course he can refuse service but word gets around that its not legal for them to swipe, and the hourly business drops.....

Some HIltons etc... charge 50-60 for the night..... so its still a doable deal getting the room for the evening, have a lady over for an hour or 2, like a mini vacation.

[ShysterJon]

I frequent two clean, budget hotels on a regular basis and have for more than four years. One is in a city in the DFW area that's known for strictly enforcing prostitution laws.

I go to one of the hotels. I'm going to pay cash, as always. I present my driver's license. The clerk may swipe it, or he may photocopy it, or, if it's a clerk I know, he may tell me to put my license away. A video camera in the lobby records my image. I sign a piece of paper. Thus, records are made each time I stay at the hotel.

To me, this is all just part of living in the modern world. The records made about my stays have really nothing to do with proving up the offense of prostitution. (As an aside, I entertain my sugar baby in the rooms, but one could observe my behavior and assume the girl is a provider, since she's much younger than me and attractive.) I just quietly go about my business. I'm the ideal customer because I never complain, I only stay for a few hours, and I leave the room spotless. Sometimes I see a cop car on the premises, but it doesn't concern me because there is nothing I'm doing that's observable that's an element of a criminal offense.

I could raise a stink that the clerk swiped my driver's license. I could write a letter of complaint to the president of the hotel company, or the chief of police, or a city council member. I could picket the hotel to protect the rights of hobbyists the world over. I could call a press conference to express my outrage that the clerk swiped my magnetic strip. But I don't do any of those things because I know to do so might draw the attention of The Laws and I'd rather just quietly go about my business in peace. Maybe that's why I've hobbied thousands of times over more than 25 years, and why I've played with a number of sugar babies over 17 years, without any contact with Barney Fife - NONE - although I represent hobbyists and providers in criminal cases who are, perhaps, not as forgiving regarding their rights as I am.

[London Rayne]

I thought the machines were just made to detect if the I.D. was a real one, and not a fake? They use them at the airports and casinos and I was busted once lol. It should not be doing anything other than that with it from my understanding, but I do know of certain hotels that will run you DL for warrants....an independent business has the right to do so, just as they have the right to refuse service to anyone.

If they were told by cops to run every customer because a child killer was on the loose, it's their right to do so. You can choose to stay at another hotel if you don't want to comply. I have had mine photo copied many times and I never use some budget or low end hotel, so it's not exclusive to those. In fact, I would assume the more money that hotel spends on furnishings the more they would want to cover their azz in case you tear up the room.

[Queen_Killee_Francois]

I vistited NYC in November & I noticed them swiping Id's/Dl's @ the door. I found it strange too when I asked the bouncer said it was just incase something happened they know was all there.

[ThatHarleyGuy]

I was with a large group checking in to a block of rooms when I noticed the people ahead of me having their DL's swiped. I jumped to the front and asked them to explain. Alibaba said the national chain was making them do it, but if we prefered, he would break the rules for us. Called the main CustService from the room, and they had no policy and didn't endorse it. This was a decision by the local franchise to do this. A swiped DL plus credit card... talk about easy identity theft. I wonder how fast that info got sold to some sandy camp for future identity use.