BILL ANALYSIS
C.S.H.B. 2543
By: Jones
04-27-95
Committee Report (Substituted)
BACKGROUND
Many states (i.e., California and Florida) have implemented
interactive programs which allow car rental companies to check the
current status of prospective customers at the point of sale. This
has greatly reduced the accident and vehicle theft related loss
experience for these companies. The Department of Public Safety is
capable of providing certain driver record information to third
parties via computer and modem. Car rental companies and other
interested parties are unable to access this information due to
restriction to access.
The National Driver Register (NDR) is a service to State driver
licensing officials. NDR provides a listing of person who have
been denied a driver license or whose driving privilege has been
withdrawn. Direct NDR services are available only to chief driver
licensing officials as described in the NDR law and to individuals
who may request a check of the records under the terms of the
Privacy Act of 1974 to determine what, if anything, has been
recorded about them in the NDR's files and to whom the information
has been disclosed.
PURPOSE
C.S.H.B. 2543 would authorized the Department of Public Safety to
establish a system separate from the Department's mainframe
computer, which would allow interactive access to certain driver
record information. Two levels of service would be authorized: a
status request which includes the driver's name, address, and
current license status; and the three-year record, which includes
the status information plus a listing of the traffic law violation
convictions and accident involvements in which the licensee
received a ticket occurring during the past three-years. The fee
for the status request will be $2.50 per request while the three-year record will be $4.50 per request. Fifty cents ($.50) of each
fee collected will be deposited to a fund appropriated for use by
the Department in the administration of this Act with the remaining
fees deposited in the General Revenue Fund.
C.S.H.B. 2543 would also allow the Department to accept request
from prospective employer of an individuals licensed in this state
and from individuals regarding information about themselves. The
Department would charge a fee of $4 for each request.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill expressly grants
additional rulemaking authority to the Texas Department of Public
Safety in Section 1 and Section 2 of the bill.
SECTION BY SECTION ANALYSIS
SECTION 1: Amends Section 21 of Article 6687b of the Texas Civil
Statutes by adding Subsection (m) as follows:
(m) authorized the Department of Public Safety to establish a
system, separate from the Department's mainframe computer, which
will allow interactive access to certain driver record information.
Establishes two levels of service authorized under this Act: (1)
a status request which includes the driver's name, address, and
current license status; and (2) a status request which contains the
driver's three-year record, which includes the status information
plus a listing of the traffic law violation convictions and
accident involvements in which the licensees received a ticket
occurring during the past three-years. Allocates fifty cents of
each fee collected under this subsection to the fund appropriated
for use by the Department to administer this program. The
remainder of the fee collected would be deposited into the General
Revenue Fund. The Department may contract with private vendor(s)
to implement this subsection.
SECTION 2: Amends Section 21 of Article 6687b of the Texas Civil
Statutes by adding Subsection (n) as follows:
(n) (1) Allows the Department of Public Safety to process requests
on behalf of current or prospective employers of individuals
seeking employment as motor vehicle or railway locomotive
operators, provided the individual has given written consent.
Allows the Department to charge a fee of $4 for each request
processed and transmitted to the NDR. Requires the Department to
forward the request directly to the prospective employer.
(n)(2) Requires the Department to setup guidelines for individuals
who wish to obtain NDR file check information on themselves.
Allows the Department to charge a fee for such information within
the conformity of NDR policies.
(n)(3) Allows the Department to set and implement rules necessary
to implement this subsection and to comply with NDR policies.
SECTION 3: Effective date.
SECTION 4: Emergency Clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
Section 1: Allows the DPS to enter into contracts with private
vendors to implement this subsection and adopt rules to implement
this system.
Section 2: This section embodies all of the original bill's
substance in a different form for clarity purposes. The
difference that exists between the original and the substitute in
this section, is that the substitute expressly identify the types
of employment in which the individuals must be engaged (i.e., motor
vehicle or railway locomotive operators). The Department is also
required under the substitute, to adopt procedures to assist
individuals who wish to obtain NDR file check information on
themselves. The Department is allowed to assess a fee for
providing such information. The Department may adopt forms and
rules necessary to implement this subsection and to comply with NDR
policies.
SUMMARY OF COMMITTEE ACTION
H.B. 2543 was considered by the committee in a public hearing on
April 4, 1995. The committee considered a complete substitute for
the bill. The substitute was adopted without objection.
The following person testified on the bill:
James G. Templeton, representing the Texas Department of
Public Safety.
The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
9 ayes, 0 nays, 0 pnv, 0 absent.