Amend HB 972 as follows:
(1) Add the following new sections to the bill,
appropriately numbered, and renumber subsequent sections of the
bill accordingly:
SECTION ____. Subtitle J, Title 7, Transportation Code, is
amended by adding Chapter 730 to read as follows:
CHAPTER 730. MOTOR VEHICLE RECORDS DISCLOSURE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 730.001. DEFINITIONS. In this chapter:
(1) "Agency" includes any agency of this state, or an
authorized agent or contractor of an agency of this state, that
compiles or maintains motor vehicle records.
(2) "Disclose" means to make available or make known
personal information contained in a motor vehicle record about a
person to another person, by any means of communication.
(3) "Individual record" means a motor vehicle record
obtained by an agency containing personal information about an
individual who is the subject of the record as identified in a
request.
(4) "Motor vehicle record" means a record that
pertains to a motor vehicle operator's or driver's license or
permit, motor vehicle registration, motor vehicle title, or
identification document issued by an agency of this state or a
local governmental entity authorized to issue an identification
document. The term includes a driver record maintained by the
Department of Public Safety. The term does not include a record
that pertains to a motor carrier.
(5) "Person" means an individual, organization, or
entity but does not include this state or an agency of this state.
(6) "Personal information" means information that
identifies a person, including an individual's photograph or
computerized photographic image, social security number, driver
identification number, name, address other than the postal routing
code, telephone number, and medical or disability information. The
term does not include information on vehicle accidents, driving or
equipment-related violations, or driver's license or registration
status.
(7) "Record" includes any book, paper, photograph,
photostat, card, film, tape, recording, electronic data, printout,
or other documentary material regardless of physical form or
characteristics.
Sec. 730.002. RULES. Each agency to which this chapter
applies shall adopt rules to implement and enforce this chapter.
Sections 730.003-730.020 reserved for expansion
SUBCHAPTER B. MOTOR VEHICLE RECORDS DISCLOSURE ACT
Sec. 730.021. SHORT TITLE. This subchapter may be cited as
the Motor Vehicle Records Disclosure Act.
Sec. 730.022. PURPOSE. The purpose of this subchapter is to
implement 18 U.S.C. Chapter 123 and to protect the interest of an
individual in the individual's personal privacy by prohibiting the
disclosure and use of personal information contained in motor
vehicle records, except as authorized by the individual or by law.
Sec. 730.023. PROHIBITION ON DISCLOSURE AND USE OF PERSONAL
INFORMATION FROM MOTOR VEHICLE RECORDS. Notwithstanding any other
provision of law to the contrary, including Chapter 552, Government
Code, except as provided by Sections 730.024-730.027, an agency may
not disclose personal information about any person obtained by the
agency in connection with a motor vehicle record.
Sec. 730.024. REQUIRED DISCLOSURE. Personal information
obtained by an agency in connection with a motor vehicle record
shall be disclosed for use in connection with any matter of:
(1) motor vehicle or motor vehicle operator safety;
(2) motor vehicle theft;
(3) motor vehicle emissions;
(4) motor vehicle product alterations, recalls, or
advisories;
(5) performance monitoring of motor vehicles or motor
vehicle dealers by a motor vehicle manufacturer; or
(6) removal of nonowner records from the original
owner records of a motor vehicle manufacturer to carry out the
purposes of:
(A) the Automobile Information Disclosure Act,
15 U.S.C. Section 1231 et seq.;
(B) 49 U.S.C. Chapters 301, 305, 323, 325, 327,
329, and 331;
(C) the Anti Car Theft Act of 1992, 18 U.S.C.
Sections 553, 981, 982, 2119, 2312, 2313, and 2322, 19 U.S.C.
Sections 1646b and 1646c, and 42 U.S.C. Section 3750a et seq., all
as amended;
(D) the Clean Air Act, 42 U.S.C. Section 7401 et
seq., as amended; and
(E) any other statute or regulation enacted or
adopted under or in relation to a law included in Paragraphs
(A)-(D).
Sec. 730.025. REQUIRED DISCLOSURE WITH CONSENT. Personal
information obtained by an agency in connection with a motor
vehicle record shall be disclosed to a requestor who demonstrates,
in such form and manner as the agency requires, that the requestor
has obtained the written consent of the person who is the subject
of the information.
Sec. 730.026. PERMITTED DISCLOSURES. (a) Personal
information obtained by an agency in connection with a motor
vehicle record may be disclosed to any requestor by an agency if
the requestor:
(1) provides the requestor's name and address and any
proof of that information required by the agency; and
(2) represents that the use of the personal
information will be strictly limited to:
(A) use by:
(i) a government agency, including any
court or law enforcement agency, in carrying out its functions; or
(ii) a private person or entity acting on
behalf of a government agency in carrying out the functions of the
agency;
(B) use in connection with a matter of:
(i) motor vehicle or motor vehicle
operator safety;
(ii) motor vehicle theft;
(iii) motor vehicle product alterations,
recalls, or advisories;
(iv) performance monitoring of motor
vehicles, motor vehicle parts, or motor vehicle dealers;
(v) motor vehicle market research
activities, including survey research; or
(vi) removal of nonowner records from the
original owner records of motor vehicle manufacturers;
(C) use in the normal course of business by a
legitimate business or an agent, employee, or contractor of the
business, but only:
(i) to verify the accuracy of personal
information submitted by the individual to the business or an
agent, employee, or contractor of the business; and
(ii) if the information as submitted is
not correct or is no longer correct, to obtain the correct
information, for the sole purpose of preventing fraud by, pursuing
a legal remedy against, or recovering on a debt or security
interest against the individual;
(D) use in conjunction with a civil, criminal,
administrative, or arbitral proceeding in any court or government
agency or before any self-regulatory body, including service of
process, investigation in anticipation of litigation, execution or
enforcement of a judgment or order, or under an order of any court;
(E) use in research or in producing statistical
reports, but only if the personal information is not published,
redisclosed, or used to contact any individual;
(F) use by an insurer or insurance support
organization, or by a self-insured entity, or an agent, employee,
or contractor of the entity, in connection with claims
investigation activities, antifraud activities, rating, or
underwriting;
(G) use in providing notice to an owner of a
towed or impounded vehicle;
(H) use by a licensed private investigator
agency or licensed security service for a purpose permitted under
this section;
(I) use by an employer or an agent or insurer of
the employer to obtain or verify information relating to a holder
of a commercial driver's license that is required under 49 U.S.C.
Chapter 313;
(J) use in connection with the operation of a
private toll transportation facility;
(K) use for bulk distribution for surveys,
marketing, or solicitations, but only if the agency has implemented
procedures to ensure that:
(i) persons are provided an opportunity,
in a clear and conspicuous manner, to opt out and prohibit those
uses; and
(ii) the information will be used, rented,
or sold solely for bulk distribution for surveys, marketing, or
solicitations, and that surveys, marketing, or solicitations will
not be directed at any individual who has timely requested that the
material not be directed at that individual; and
(L) use for any other purpose specifically
authorized by law that relates to the operation of a motor vehicle
or to public safety.
(b) The only personal information an agency may release
under this section is the individual's:
(1) name and address;
(2) date of birth; and
(3) driver's license number.
Sec. 730.027. DISCLOSURE OF INDIVIDUAL RECORD. (a) Personal
information obtained by an agency in connection with a motor
vehicle record that is contained in an individual record may be
disclosed to a requestor without regard to intended use if the
agency has:
(1) provided, in a clear and conspicuous manner on
forms for issuance or renewal of an operator's or driver's license,
registration, title, or identification document, notice that
personal information collected by the agency may be disclosed to
any person making a request for an individual record; and
(2) provided in a clear and conspicuous manner on that
form an opportunity for each person who is the subject of the
record to prohibit that disclosure.
(b) An agency may include the notice described by Subsection
(a)(1) on forms used by members of the general public.
Sec. 730.028. REQUESTS TO PROHIBIT DISCLOSURE. Each agency
shall distinguish between a request by a person under Section
730.027 to prohibit disclosure of personal information in the
person's individual record and a request under Section
730.026(a)(2)(K) by a person to prohibit disclosure of that
information.
Sec. 730.029. DISCLOSURE OF THUMB OR FINGER IMAGES
PROHIBITED. Notwithstanding any other provision of this chapter, if
an agency obtains an image of an individual's thumb or finger in
connection with the issuance of a license, permit, or certificate
to the individual, the agency may:
(1) use the image only in connection with the issuance
of the license, permit, or certificate; and
(2) disclose the image only if disclosure is expressly
authorized by law.
Sec. 730.030. FEES. Unless a fee is imposed by law, an
agency that has obtained information in connection with a motor
vehicle may adopt reasonable fees for disclosure of that personal
information under this subchapter.
Sec. 730.031. ADDITIONAL CONDITIONS. (a) In addition to the
payment of a fee adopted under Section 730.030, an agency may
require a requestor to provide reasonable assurance:
(1) as to the identity of the requestor; and
(2) that use of the personal information will be only
as authorized or that the consent of the person who is the subject
of the information has been obtained.
(b) An agency may require the requestor to make or file a
written application in the form and containing any certification
requirement the agency may prescribe.
Sec. 730.032. RESALE OR REDISCLOSURE. (a) An authorized
recipient of personal information, other than a recipient under
Section 730.026(a)(2)(K)(ii) or Section 730.027, may resell or
redisclose the information for any use permitted under Section
730.026, other than a use described by Section
730.026(a)(2)(K)(ii).
(b) An authorized recipient of an individual record under
Section 730.027 may resell or redisclose personal information for
any purpose.
(c) An authorized recipient of personal information for bulk
distribution for surveys, marketing, or solicitations under Section
730.026(a)(2)(K)(ii) may resell or redisclose personal information
only in compliance with the terms of that section.
(d) Any authorized recipient who resells or rediscloses
personal information obtained from an agency shall be required by
that agency to:
(1) maintain for a period of not less than five years
records as to any person or entity receiving that information and
the permitted use for which it was obtained; and
(2) make those records available for inspection by the
agency on request.
Sec. 730.033. ORGANIZATION OF RECORDS. An agency that
maintains motor vehicle records in relation to motor vehicles is
not required to also maintain those records in relation to an
individual named in those records.
Sec. 730.034. FALSE REPRESENTATION; PENALTY. (a) A person
commits an offense if the person:
(1) requests the disclosure of personal information
from an agency's records under this subchapter and misrepresents
the person's identity; or
(2) makes a false statement to the agency on an
application required by the agency under this subchapter.
(b) An offense under this section is a Class A misdemeanor.
Sections 730.035-730.060 reserved for expansion
SUBCHAPTER C. DISSEMINATION OF PERSONAL INFORMATION ON INTERNET
Sec. 730.061. DEFINITION. In this subchapter, "internet"
means the international computer network of federal and nonfederal
interoperable packet switched data networks or a similar computer
bulletin board or computer network accessible to the public.
Sec. 730.062. RELEASE OF PERSONAL INFORMATION BY AGENCY.
Notwithstanding any other law, including Chapter 501, 502, 521, or
522 of this code, Subchapter B of this chapter, and Chapter 552,
Government Code, an agency is prohibited from providing a person
with personal information from the agency's motor vehicle records,
unless the person receiving the information is the individual to
whom the information pertains or that individual's agent or the
person agrees in writing with the agency that the person will not:
(1) disseminate or publish the information on the
internet; or
(2) permit another to disseminate or publish the
information on the internet.
Sec. 730.063. PUBLICATION OR DISCLOSURE OF PERSONAL
INFORMATION ON INTERNET. A person may not publish or disclose on
the internet personal information from a motor vehicle record that
has been obtained directly or indirectly from an agency without the
consent of the individual to whom the information pertains.
Sec. 730.064. CIVIL ENFORCEMENT. A district or county
attorney or the attorney general may file suit in a district court
to enjoin a violation of this chapter or to compel compliance with
this chapter.
Sec. 730.065. CIVIL CAUSE OF ACTION. (a) A person who
knowingly discloses or uses personal information from an agency's
motor vehicle records in violation of this chapter is liable for
damages caused by the disclosure or use in an action brought in a
district court by the individual to whom the information relates.
(b) A person who brings a suit under Subsection (a) may
recover:
(1) actual damages, or if actual damages are less than
$2,500, actual damages and liquidated damages of not less than
$2,500;
(2) punitive damages, on proof of wilful or reckless
disregard of the law;
(3) reasonable attorney's fees and litigation costs;
and
(4) other equitable and preliminary relief that the
court finds appropriate.
Sec. 730.066. FALSE STATEMENT TO AGENCY; PENALTY. (a) A
person commits an offense if the person makes a false statement or
representation to an agency to obtain personal information
pertaining to any individual from the agency's motor vehicle
records under this subchapter.
(b) An offense under this section is a Class A misdemeanor.
Sec. 730.067. DISSEMINATION OR PUBLICATION OF PERSONAL
INFORMATION ON INTERNET PROHIBITED; PENALTY. (a) A person commits
an offense if the person:
(1) has access to or is in possession of personal
information obtained from an agency's motor vehicle records; and
(2) disseminates or publishes the information on the
internet without the consent of the individual to whom the
information pertains.
(b) An offense under this section is a Class A misdemeanor.
Sec. 730.068. AFFIRMATIVE DEFENSE TO CIVIL ACTION OR
PROSECUTION. It is an affirmative defense to an action brought
under Section 730.065 or to a prosecution brought under Section
730.067 that the person disclosed or used the personal information
of the individual in compliance with and for a purpose authorized
by the federal Driver's Privacy Protection Act of 1994 (18 U.S.C.
Section 2721 et seq.).
SECTION ____. Subsections (d) through (g), Section 411.0201,
Government Code, are amended to read as follows:
(d) <The department shall provide an adequate number of
microfilm readers and printers to allow the public convenient and
inexpensive access to records created under Subsection (a). The
department shall index the records alphabetically, by number, by
subject matter, or by other appropriate references and shall
provide the index to the public to promote convenient access.>
<(e)> A photograph, microphotograph, or film of a record
reproduced under Subsection (a) is equivalent to the original
record for all purposes, including introduction as evidence in all
courts and administrative agency proceedings. A certified or
authenticated copy of such a photograph, microphotograph, or film
is admissible as evidence equally with the original photograph,
microphotograph, or film.
(e) <(f)> The director or an authorized representative may
certify the authenticity of a photograph, microphotograph, or film
of a record reproduced under this section and shall charge a fee
for the certified photograph, microphotograph, or film as provided
by law.
(f) <(g)> Certified records shall be furnished to any person
who is authorized by law to receive them.
SECTION ____. Subchapter C, Chapter 552, Government Code, is
amended by adding Section 552.130 to read as follows:
Sec. 552.130. EXCEPTION: MOTOR VEHICLE RECORDS.
(a) Information is excepted from the requirements of Section
552.021 if the information relates to:
(1) a motor vehicle operator's or driver's license or
permit issued by an agency of this state;
(2) a motor vehicle title or registration issued by an
agency of this state; or
(3) a personal identification document issued by an
agency of this state or a local governmental entity authorized to
issue an identification document.
(b) Information described by Subsection (a) may be released
only if, and in the manner, authorized by Chapter 730,
Transportation Code.
SECTION ____. Section 552.222, Government Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) The officer for public information and the officer's
agent may not make an inquiry of a requestor except to establish
proper identification or except as provided by Subsection (b) or
(c).
(c) If the information requested relates to a motor vehicle
record, the officer for public information or the officer's agent
may require the requestor to provide additional identifying
information sufficient for the officer or the officer's agent to
determine whether the requestor is eligible to receive the
information under Chapter 730, Transportation Code. In this
subsection, "motor vehicle record" has the meaning assigned that
term by Section 730.001, Transportation Code.
SECTION ____. Section 502.008, Transportation Code, is
amended by adding Subsection (d) to read as follows:
(d) This section does not authorize the release of
information that is prohibited from disclosure under Chapter 730.
SECTION ____. Section 521.045, Transportation Code, is
amended to read as follows:
Sec. 521.045. DISCLOSURE OF CERTAIN INFORMATION RELATING TO
INDIVIDUAL OPERATOR. On receipt of a written request and payment
of a $4 fee, the department may disclose information relating to an
individual's date of birth, current license status, and most recent
address, as shown in the department's records, to a person who:
(1) is eligible to receive <demonstrates a legitimate
need for> the information under Chapter 730; and
(2) submits to the department the individual's
driver's license number or the individual's full name and date of
birth.
SECTION ____. Subsection (a), Section 521.046, Transportation
Code, is amended to read as follows:
(a) In addition to the information authorized to be released
under Section 521.045, on receipt of a written request and payment
of a $6 fee, the department may disclose that information and
information regarding each reported traffic law conviction and
motor vehicle accident in which the individual received a citation,
by date and location, within the three years preceding the date of
the request, to a person who:
(1) is eligible to receive <demonstrates a legitimate
need for> the information under Chapter 730; and
(2) submits to the department the individual's
driver's license number or the individual's full name and date of
birth.
SECTION ____. Section 521.050, Transportation Code, is
amended to read as follows:
Sec. 521.050. SALE OF LICENSE INFORMATION. (a) In addition
to the provisions of this subchapter relating to the disclosure of
driver's license information on an individual, the department may
provide a purchaser with a magnetic tape of the names, addresses,
and dates of birth of all license holders that are contained in the
department's basic driver's license record file if the purchaser
certifies in writing that the purchaser is eligible to receive the
information under Chapter 730.
(b) A magnetic tape provided under this section may contain
only the names, addresses, and dates of birth of individuals who
have not prohibited the disclosure of personal information relating
to those individuals under Section 521.052 and Chapter 730.
(c) The department may also periodically provide to the
purchaser of the information any addition to that file.
(d) <(b)> Before the department may provide information
under Subsection (a), the purchaser must agree to delete the name,
address, and date of birth of an individual whose name is also
included on the mail or telephone preference list maintained by a
recognized trade association that is used to remove the name of an
individual who has requested that the individual's name not be made
available for solicitation purposes.
SECTION ____. Section 521.051, Transportation Code, is
amended to read as follows:
Sec. 521.051. DISCLOSURE OF CERTAIN INFORMATION PROHIBITED.
The department may not disclose class-type listings from the basic
driver's license record file to any person except as provided by
Section 521.049(c), regardless of whether the requestor is eligible
to receive the information under Chapter 730.
SECTION ____. Section 521.052, Transportation Code, is
amended to read as follows:
Sec. 521.052. DISCLOSURE OF INDIVIDUAL INFORMATION
PROHIBITED. (a) Except as provided by Sections 521.045, 521.046,
521.049(c), and 521.050<,> and by Chapter 730 <521.051 and by
Subsection (d)>, the department may not disclose information from
the department's files that relates to personal information, as
that term is defined by Section 730.001 <the address of an
individual if:>
<(1) the department's files contain a statement
executed by that individual that restricts public access to the
information; and>
<(2) the individual has:>
<(A) provided the department in writing an
accurate mailing address, other than a post office box number, in
the municipality, if any, and county in this state in which the
individual resides and to which public access is not to be
restricted;>
<(B) consented in writing to receive service of
process under the laws of this state at that alternate address; and>
<(C) paid to the department a fee of $5, if the
individual established or changed an alternate address at any time
other than when the individual renewed the individual's driver's
license or personal identification certificate>.
(b) The department shall provide written notice to each
applicant for an original or renewal license or personal
identification certificate, or a duplicate or corrected license or
certificate, that the applicant is entitled to prohibit disclosure
of personal information under Chapter 730 and is entitled to
execute a statement that prohibits <restricts> public access to
personal information relating to the <address of the> applicant.
(c) <An individual who has executed a statement under this
section shall notify the department of any change in the
individual's alternate address in writing before the 10th day after
the date on which the alternate address is changed.>
<(d) The department is not prohibited under this section
from disclosing information relating to the address of an
individual who:>
<(1) gives the department an inaccurate alternate
mailing address; or>
<(2) fails to provide the department with the
notification required by Subsection (c).>
<(e)> An individual may at any time revoke a <the> statement
executed under Subsection (b) <(a)>. Revocation of an executed
statement must be in writing in the manner prescribed by the
department.
<(f) The department or an officer or employee of the
department is not liable to a person damaged or injured by the
disclosure of information to which public access is restricted
under this section.>
SECTION ____. Subsection (a), Section 521.053, Transportation
Code, is amended to read as follows:
(a) The department may provide to any person the information
specified by Section 521.045, 521.046, or 521.047 and by Section
601.022, for the fee required by those sections, that relate to the
holder of or applicant for a commercial driver's license under
Chapter 522 if the person is eligible to receive the information
under Chapter 730.
SECTION ____. Section 550.065, Transportation Code, is
amended to read as follows:
+zSec. 550.065. RELEASE OF ACCIDENT REPORTS AND CERTAIN
INFORMATION RELATING TO ACCIDENTS@z. (a) This section applies only
to information that is held by the department or another
governmental entity and relates to a motor vehicle accident,
including:
(1) information reported under this chapter, Section
601.004, or Chapter 772, Health and Safety Code;
(2) information contained in a dispatch log, towing
record, or a record of a 9-1-1 service provider; and
(3) the part of any other record that includes
information relating to the date of the accident, the name of any
person involved in the accident, or the specific location of the
accident <An accident report prepared by a peace officer and
submitted to the department after January 1, 1970, is a public
record open for inspection>.
(b) Except as provided by Subsection (c), the information is
privileged and for the confidential use of:
(1) the department; and
(2) an agency of the United States, this state, or a
local government of this state that has use for the information for
accident prevention purposes.
(c) On written request and payment of any required fee, the
department or the governmental entity shall release the information
to:
(1) an entity described by Subsection (b);
(2) the law enforcement agency that employs the peace
officer who investigated the accident and sent the information to
the department;
(3) the court in which a case involving a person
involved in the accident is pending if the report is subpoenaed; or
(4) a person who provides the department or
governmental entity with the name of any person involved in the
accident and one or more of the following:
(A) the date of the accident; or
(B) the specific address or the highway or
street where the accident occurred.
(d) The department or governmental entity shall request
information on a written form adopted by the department or the
entity to determine whether the person or entity requesting the
information is entitled to receive the information under Subsection
(c).
(e) <On written request and payment of the required fee, the
department or a law enforcement agency shall provide a copy of a
peace officer's report that may be released under this section.>
<(c)> The fee for a copy of the peace officer's report is
$4. The copy may be certified by the department or a law
enforcement agency for an additional fee of $2. The department may
issue a certification that no report is on file for a fee of $4.
(f) If the person or entity requesting the information is
entitled to receive the information under Subsection (c),
Subchapter F, Chapter 552, Government Code, applies in connection
with:
(1) making the information available to that person or
entity if the information exists in a paper record;
(2) providing that person or entity access to the
information if the information exists in an electronic medium or in
an electronic form; and
(3) providing a copy of the information to that person
or entity.
SECTION ____. Subsection (a), Section 601.022, Transportation
Code, is amended to read as follows:
(a) The department, on request and receipt of the required
fee, shall provide any person a certified abstract of the record of
conviction of a person subject to this chapter for violation of a
law relating to the operation of a motor vehicle or the record of
any injury or damage caused by the person's operation of a motor
vehicle if the requestor is eligible to receive the information
under Chapter 730.
(2) Strike Section 2 of the bill and substitute the
following sections, appropriately numbered:
SECTION ____. (a) This Act takes effect September 1, 1997.
(b) Not later than January 1, 1998, each agency of this
state that on September 1, 1997, compiles or maintains motor
vehicle records shall adopt rules to implement the procedures
described by Subsection (a)(2)(K), Section 730.026, Transportation
Code, as added by this Act. An agency of this state that after
September 1, 1997, begins to compile or maintain motor vehicle
records shall adopt rules to implement the procedures described by
Subsection (a)(2)(K), Section 730.026, Transportation Code, as
added by this Act, not later than the 121st day after the date that
the agency begins to compile or maintain motor vehicle records.
SECTION ____. (a) In addition to the substantive changes
made by this Act, this Act conforms Section 550.065, Transportation
Code, to Section 1, Chapter 894, Acts of the 74th Legislature,
1995.
(b) Section 1, Chapter 894, Acts of the 74th Legislature,
1995, is repealed.
(c) To the extent of any conflict, this Act prevails over
another Act of the 75th Legislature, Regular Session, 1997,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION ____. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby
suspended.