SRC-TNM H.B. 2220 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2220
By: Turner, Bob (Lucio)
State Affairs
5-6-97
Engrossed


DIGEST 

Currently, the Texas Department of Transportation is forced to sell the
contents of its Texas Highways magazine subscriber list under terms of the
Texas Open Records Act to anyone requesting it.  By order of the attorney
general, subscribers to Texas Highways cannot prevent disclosure of
personal information to those who request the subscriber list.  H.B. 2220
would provide all subscribers to Texas Highways choice to protect the
privacy of their personal information, control who may purchase the
subscriber list, and receive fair market value for sales of the list. 

PURPOSE

As proposed, H.B. 2220 outlines provisions regarding the disclosure by the
Texas Department of Transportation of information pertaining to persons
who subscribe to Texas Highways magazine or purchase certain promotional
items from the department. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Transportation Commission
under SECTION 1 (Sections 4(a) and (c), Article 6144e, V.T.C.S.) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 6144e, V.T.C.S., by adding Section 4, as follows:

Sec. 4. DISCLOSURE OF TEXAS HIGHWAYS SUBSCRIBER INFORMATION OR PURCHASER
INFORMATION.  Prohibits the Texas Department of Transportation
(department) from disclosing to any person certain information of a person
who is or has been a subscriber to Texas Highways magazine or has
purchased from the department a promotional item described by Section 3(d)
of this article, except as provided by this section or a rule adopted by
the Texas Transportation Commission (commission).  Provides that Chapter
552, Government Code, does not apply to subscriber or purchaser
information described by Subsection (a) of this section.  Sets forth
policies the commission, by rule, is required to establish.  Sets forth
requirements for policies established by the commission. Provides that the
department is immune from civil or criminal liability if the department
commits an unintentional violation of this section or a rule adopted under
this section. Provides that, in this section, a reference to the
department includes an officer, employee, or agent of the department.    

SECTION 2. Emergency clause.
  Effective date: upon passage.