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.