TWT H.B. 2220 75(R)BILL ANALYSIS


TRANSPORTATION
H.B. 2220
By: Turner, Bob
4-9-97
Committee Report (Unamended)



BACKGROUND 

Article 6144e, Vernon's Texas Civil Statutes (V.T.C.S.), requires the
Texas Department of Transportation (TxDOT) to publish Texas Highways, the
official travel magazine of Texas. Under Chapter 552, Government Code,
TxDOT must also sell its Texas Highways subscriber list to anyone who
requests it at a price which recovers only the cost of reproduction, which
is $154.00. Fair market value of the list is approximately $27,000,
however, and nothing prevents the list from being resold to direct mail
marketers by the original requester.  

It is the opinion of the Attorney General of Texas that subscribers cannot
prevent disclosure of personal information to those who request the
subscriber list. Therefore, TxDOT cannot prevent the disclosure of
personal information and some subscribers have cancelled the subscription
to the magazine upon learning this.  

PURPOSE

The purpose of this legislation is to prevent unauthorized disclosure of
names, addresses, telephone numbers, and social security numbers of
subscribers to Texas Highways magazine by limiting applicability of
Chapter 552, Government Code, concerning the disclosure of public
information, to control who may purchase the list and to receive fair
market value each time the list is sold. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants additional rulemaking
authority to the Texas Transportation Commission in Section 1 in Sec. 4,
Subsection (c). 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 193, Acts of the 56th Legislature, Regular
Session, 1959, (Article 6144e, V.T.C.S.) by adding Section 4. 

 (a) Prohibits the TxDOT, except by a Transportation Commission rule, from
disclosing the name, address, phone number, social security account
number, driver's license number, bank account number, credit or debit card
number, or charge number of a person who: (1) is or has subscribed to
Texas Highways; or (2) has purchased promotional items from TxDOT. 

 (b) Exempts subscriber or purchaser information in Subsection (a) from
the application of Chapter 552, Government Code. 

 (c) Requires the commission, by rule, to adopt policies regarding: (1)
release of subscriber or purchaser information; (2) the TxDOT's use of
that information; and (3) the sale of a mailing list containing the names
and addresses of subscribers or purchasers. 

 (d) Requires the policies to: include a way for subscribers to request
personal information be excluded from a mailing list sold by the TxDOT;
and allow subscriber or purchaser information to be disclosed to a state
or federal agency only if the agency certifies the information is
necessary to perform its duties. 

  (e) Grants immunity from civil or criminal liability to the TxDOT if it
commits an unintentional violation of this section or a commission rule. 

 (f) For this section, a reference to the department means an officer,
employee or agent of the TxDOT.  

SECTION 2.Emergency clause. Effective upon passage.