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.