JWW H.B. 972 75(R)BILL ANALYSIS


PUBLIC SAFETY
H.B. 972
By: Jones, Jesse
4-28-97
Committee Report (Unamended)



BACKGROUND 

Many states such as California and Florida have implemented interactive
programs which allow car rental companies to check the current status of
prospective customers at the time of rental. This has greatly reduced the
accident and vehicle theft related loss experienced by these companies.
The Department of Public Safety is capable of providing certain driver
record information to third parties via computer and modem.  However car
rental companies, employers, and prospective employers are currently
unable to access this information.  

PURPOSE

This bill will authorize the Department of Public Safety to establish an
interactive information system for the purpose providing access to
specific information relating to a person's driving record.  In addition,
this bill authorizes the department to coordinate with the National Driver
Register regarding information on the driving record of an employee or
prospective employee driver's license information to employers or
prospective employers. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants authority to adopt
rules to the Texas Department of Public Safety in Section 521.055(f) and
Section 521.056(e), Transportation Code. 

SECTION BY SECTION ANALYSIS

SECTION 1 Subchapter C, Chapter 521, Transportation Code, is amended as
follows: 

  Section 521.055, ESTABLISHMENT OF INTERACTIVE SYSTEM. (a)  States   that
the department may develop a system separate from the department's
mainframe computer.  This system will provide interactive access to
specified   driver's license information. 

  (b)  Information released by the system is limited to (1) a status check
as described   in Section 521.045, and (2)a three year driving record as
described in Section   521.046. 

  (c)  The fee for a status check described in (b)(1) is $2.50.  A
three-year driving   record described in (b)(2) is $4.50. 

  (d)  This chapter will be administered by a special account in the
general revenue   fund.  Fifty cents from each fee collected under
Subsection (c) will be deposited in   the fund. 

  (e)  The department may contract with private vendors to implement this
section. 

  (f)  The department may establish rules as necessary to administer this
section. 

  Section 521.056.  NATIONAL DRIVER REGISTER.  (a) states that the
department can process file check requests with the National Driver
Register at   the request of current or prospective employers of employees
or persons seeking   employment as motor vehicle operators or railway
locomotive operators.  In order   for the department to process these file
checks, the following requirements must   be met: 
   (1) the employee or prospective employee must give written consent, and
   (2) possess a Texas driver's license.

  (b)  A request under Subsection (a) is subject to a fee of $4.

  (c)  Any request made under Subsection (a) will be forwarded by the
department   directly to the employer or prospective employer. 
  
  (d)  Anyone wishing to receive information on their own driving record
may   request the department's assistance in retrieving the information
from the National   Driver Register.  the department may, by rule, set a
reasonable fee for this service.   The fee must conform to the policies of
the National Driver Register. 

  (e)  The department may adopt forms and rules necessary to implement
this   section and comply with the policies of the National Driver's
Register. 

SECTION 2 Emergency Clause.  Effective upon passage.