By:  Greenberg                                         H.B. No. 858
       73R4019 JD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the release of certain information in vehicle
    1-3  registration records of the Texas Department of Transportation and
    1-4  in driver's license records of the Department of Public Safety.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 17A, Chapter 88, General Laws, Acts of
    1-7  the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-17A,
    1-8  Vernon's Texas Civil Statutes), is amended by adding Subsections
    1-9  (c)-(i) to read as follows:
   1-10        (c)  The department or a county may not release to the public
   1-11  information relating to an address of an owner of a vehicle if that
   1-12  owner has:
   1-13              (1)  executed and filed with the department a
   1-14  statement, on a form prescribed by the department, that restricts
   1-15  public access to that address, specified by city, if any, and
   1-16  county;
   1-17              (2)  provided the county and the department with an
   1-18  accurate alternate mailing address for public access in the city,
   1-19  if any, and the county in this state in which the owner resides;
   1-20              (3)  consented to accept service of process under the
   1-21  laws of this state at the alternate address; and
   1-22              (4)  paid to the department a fee of $5.
   1-23        (d)  The department shall provide each person who applies for
   1-24  the registration of a vehicle the opportunity to execute a
    2-1  statement that restricts public access under Subsection (c) of this
    2-2  section to information relating to an address of an owner of the
    2-3  vehicle.
    2-4        (e)(1)  The department or a county may release to the public
    2-5  only the alternate address of an owner who has complied with
    2-6  Subsection (c) of this section, except as provided by this
    2-7  subsection.
    2-8              (2)  The department is not prohibited from releasing
    2-9  the restricted address of an owner who:
   2-10                    (A)  gives the department an invalid,
   2-11  nonexistent, or inaccurate alternate address; or
   2-12                    (B)  fails to notify the department of any change
   2-13  in the owner's alternate address before the 10th day after the date
   2-14  on which the alternate address is changed.
   2-15        (f)  An owner of a vehicle may at any time revoke an executed
   2-16  statement of that owner under Subsection (c) of this section.
   2-17  Revocation must be in writing and in a manner prescribed by the
   2-18  department.
   2-19        (g)  The department may adopt rules to administer this
   2-20  subsection.
   2-21        (h)  The department shall remit all fees collected under this
   2-22  subsection to the comptroller for deposit to the credit of the
   2-23  state highway fund to be used only to defray the costs of
   2-24  administering this subsection.
   2-25        (i)  The department or a county, or an officer or employee of
   2-26  the department or a county, is not liable to a person damaged or
   2-27  injured by release of information to which public access is
    3-1  restricted under this section.
    3-2        SECTION 2.  Sections 21(j)(2) and (3), Chapter 173, Acts of
    3-3  the 47th Legislature, Regular Session, 1941 (Article 6687b,
    3-4  Vernon's Texas Civil Statutes), are amended to read as follows:
    3-5              (2)  Before the department may release the information
    3-6  described in Subdivision (1) of this subsection, the purchaser
    3-7  must:
    3-8                    (A)  agree to delete the name, address, and date
    3-9  of birth of any person whose name is also included on the mail or
   3-10  telephone preference list maintained by a recognized trade
   3-11  association which is used to remove the name of any individual who
   3-12  has requested that the individual's name not be made available for
   3-13  solicitation purposes; and
   3-14                    (B)  agree to delete the address of any
   3-15  individual who has submitted an executed statement that restricts
   3-16  public access to the individual's address under Section 44B of this
   3-17  Act and that has not been revoked as provided by that section.
   3-18              (3)  The department is not authorized to provide
   3-19  class-type listings from the basic drivers' license record file to
   3-20  any person or business except as provided by Section 44B(d) of this
   3-21  Act<; provided, however, such information may be made available to
   3-22  an official of the federal government, the state, a city, town,
   3-23  county, special district, or other political subdivision for
   3-24  official governmental purposes only>.
   3-25        SECTION 3.  Article VI, Chapter 173, Acts of the 47th
   3-26  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   3-27  Civil Statutes), is amended by adding Section 44B to read as
    4-1  follows:
    4-2        Sec. 44B.  RELEASE OF ADDRESS INFORMATION PROHIBITED.  (a)
    4-3  Except as provided by Section 21(j) of this Act and by Subsections
    4-4  (d) and (e) of this section, the department may not release
    4-5  information from its driver's license record files that relates to
    4-6  the address of an individual if:
    4-7              (1)  the department's driver's license files contain an
    4-8  executed statement of that individual that restricts public access
    4-9  to that information; and
   4-10              (2)  the individual has, in writing:
   4-11                    (A)  provided the department with a valid,
   4-12  existing, and accurate mailing address in this state to which
   4-13  public access is not to be restricted;
   4-14                    (B)  consented to receive service of process
   4-15  under the laws of this state at that alternate address; and
   4-16                    (C)  paid to the department a fee of $5.
   4-17        (b)  The department shall provide each applicant for an
   4-18  original or renewal of a driver's license, a personal
   4-19  identification card, or a duplicate or corrected driver's license
   4-20  or identification card, the opportunity to execute a statement that
   4-21  restricts public access to information relating to the address of
   4-22  the applicant.
   4-23        (c)(1)  An individual who has submitted an executed statement
   4-24  under this section shall notify the department of any change in the
   4-25  individual's alternate address.
   4-26              (2)  Notification under this subsection must be made in
   4-27  writing before the 10th day after the date on which the alternate
    5-1  address is changed.
    5-2        (d)  The department may make information from driver's
    5-3  license record files, including class-type listings, available to
    5-4  an official of the federal government, the state, a municipality,
    5-5  county, special district, or other political subdivision for
    5-6  official government purposes only.
    5-7        (e)  The department is not prohibited under this section from
    5-8  releasing information relating to the address of an individual who:
    5-9              (1)  gives the department an invalid, nonexistent, or
   5-10  inaccurate alternate mailing address; or
   5-11              (2)  fails to provide the department with the
   5-12  notification required by Subsection (c) of this section.
   5-13        (f)  An individual may at any time revoke the individual's
   5-14  executed statement under Subsection (a) of this section.
   5-15  Revocation of an executed statement must be made in writing in the
   5-16  manner prescribed by the department.
   5-17        (g)  The department, or an officer or employee of the
   5-18  department, is not liable to a person damaged or injured by release
   5-19  of information to which public access is restricted under this
   5-20  section.
   5-21        SECTION 4.  This Act takes effect September 1, 1993.
   5-22        SECTION 5.  The importance of this legislation and the
   5-23  crowded condition of the calendars in both houses create an
   5-24  emergency   and   an   imperative   public   necessity   that   the
   5-25  constitutional rule requiring bills to be read on three several
   5-26  days in each house be suspended, and this rule is hereby suspended.