Amend SB 1069 by adding a new section, appropriately
numbered, to read as follows and renumbering existing sections
accordingly:
      SECTION ____.  Subtitle J, title 7, Transportation Code, is
amended by adding Chapter 730 to read as follows:
         CHAPTER 730.  DISCLOSURE OF PERSONAL INFORMATION
                    FROM MOTOR VEHICLE RECORDS
      Sec. 730.001.  DEFINITIONS.  In this chapter:
            (1)  "Agency" means an agency of this state that
compiles or maintains motor vehicle records.  The term includes the
Department of Public Safety and the Texas Department of
Transportation.
            (2)  "Internet" means the international computer
network of federal and non-federal interoperable packet switched
data networks or a similar computer bulletin board or computer
network accessible to the public.
            (3)  "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 or a local governmental
entity authorized to issue an identification document.  The term
includes a driver record maintained by the Department of Public
Safety.
            (4)  "Personal information" means information that
identifies an individual, including an individual's photograph or
computerized photographic image, social security number, driver
identification number, personal identification certificate number,
name, address other than the postal routing code, telephone number,
and medical or disability information.  The term does not include
information on vehicular accidents, driving violations, or driver's
license status.
      Sec. 730.002.  RELEASE OF PERSONAL INFORMATION BY AGENCY.
Notwithstanding any other law, including Chapter 501, 502, 521, or
522 of this code 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. 730.003.  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. 730.004.  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. 730.005.  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. 730.006.  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.
      (b)  An offense under this section is a Class A misdemeanor.
      Sec. 730.007.  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 Subsection (a) is a Class A
misdemeanor.
      Sec. 730.008.  AFFIRMATIVE DEFENSE TO CIVIL ACTION OR
PROSECUTION.  It is an affirmative defense to an action brought
under Section 730.005 or to a prosecution brought under  Section
730.007 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.).
      Sec. 730.009.  RULES.  Each agency to which this chapter
applies shall adopt rules to implement and enforce this chapter.