IMF S.B. 1069 75(R)    BILL ANALYSIS


STATE AFFAIRS
S.B. 1069
By: Moncrief (Uher)
May 9, 1997
Committee Report (Unamended)


BACKGROUND 

In September 1994, Congress enacted comprehensive legislation to combat
growing public concerns about crime.  One provision of that new law, the
DPPA, addressed the issue of state driver's license and motor vehicle
information and its potential for misuse.  Currently, the Driver's Privacy
Protection Act (DPPA) requires Texas to create policies by September of
1997 that restrict the use of information made available by the Texas
Department of Public Safety and the Texas Department of Transportation.
S.B. 1069 would allow for continued access and use of driver's license and
motor vehicle information by other governmental agencies for statistical
research marketing purposes, vehicle safety and recall notices, insurance
underwriting and the identification of owners of towed vehicles.    

PURPOSE

As proposed, S.B. 1069 outlines provisions regarding the release and use
of certain personal information from motor vehicle records. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to each agency under SECTION 1 (Section
730.014(a), Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 7J, Transportation Code, by adding Chapter 730, as
follows: 

CHAPTER 730. MOTOR VEHICLE RECORDS DISCLOSURE ACT

Sec. 730.001. SHORT TITLE: Motor Vehicle Records Disclosure Act.

Sec. 730.002. PURPOSE. Provides that the purpose of this chapter is to
implement 18 U.S.C. Chapter 123 and to protect the interest of an
individual's personal privacy by prohibiting the disclosure  and use of
personal information contained in motor vehicle records, except as
authorized by the individual or by law. 

Sec. 730.003. DEFINITIONS. Defines "agency," "disclose," "individual
record," "motor vehicle record," "person," "personal information," and
"record."   

Sec. 730.004. PROHIBITION ON DISCLOSURE AND USE OF PERSONAL INFORMATION
FROM MOTOR VEHICLE RECORDS. Prohibits an agency of this state or an
authorized agent or contractor of an agency of this state, that complies
or maintains motor vehicle records (agency) from disclosing personal
information about any person obtained by the agency in connection with a
motor vehicle record, notwithstanding any other provision of this law to
the contrary, including Chapter 552, Government Code. 

Sec. 730.005. REQUIRED DISCLOSURE. Requires personal information obtained
by an agency in connection with a motor vehicle record to be disclosed for
use in connection with certain matters. 

 Sec. 730.006. REQUIRED DISCLOSURE WITH CONSENT. Requires personal
information obtained by an agency in connection with a motor vehicle
record to be disclosed to a requestor who demonstrates, in such form and
manner as the agency requires, that the requestor has obtained the written
consent of the person who is the subject of the information. 

Sec. 730.007. PERMITTED DISCLOSURES. Sets forth instances in which
personal information obtained by an agency in connection with a motor
vehicle may be disclosed to any requestor by an agency.  Sets forth the
only personal information an agency may release under this section. 

Sec. 730.008. DISCLOSURE OF INDIVIDUAL RECORD.  Sets forth instances in
which personal information obtained by an agency in connection with a
motor vehicle record that is contained in an individual record may be
disclosed to a requestor without regard to intended use.  Authorizes an
agency to include the notice described by Subsection (a)(1) on forms used
by members of the general public. 

Sec. 730.009. REQUESTS TO PROHIBIT DISCLOSURE. Requires each agency to
distinguish between a request by a person under Section 730.008 to
prohibit disclosure of personal information in the person's individual
record and a request under Section 730.007(a)(2)(K)  by  a person to
prohibit disclosure of that information. 

Sec. 730.010. DISCLOSURE OF THUMB OR FINGER IMAGES PROHIBITED. Provides
that if an agency obtains an image of an individual's thumb or finger in
connection with the issuance of a license, permit, or certificate to the
individual, the agency may use the image only in connection with the
issuance of the license, permit, or certificate and disclose the image
only if disclosure is expressly authorized by the law, notwithstanding any
other provision of this chapter. 

Sec. 730.011. FEES. Authorizes an agency that has obtained information in
connection with a motor vehicle to adopt reasonable fees for disclosure of
that personal information under this chapter unless a fee is imposed by
law. 

Sec. 730.012. ADDITIONAL CONDITIONS. Authorizes an agency to require a
requestor to provide reasonable assurance as to the identity of the
requestor and that use of the personal information will be only as
authorized or that the consent of the person who is the subject of the
information has been obtained in addition to the payment of a fee adopted
under Section 730.011.  Authorizes an agency to require the requestor to
make or file a written application in the form and containing any
certification requirement the agency may prescribe. 

Sec. 730.013. RESALE OR REDISCLOSURE. Outlines provisions regarding the
resale and redisclosure of personal information. 

Sec. 730.014. AGENCY RULES; ORGANIZATION OF RECORDS. Authorizes each
agency to adopt rules to implement and administer this chapter.  Provides
that an agency that maintains motor vehicle records in relation to motor
vehicles is not required to also maintain those records in relation to the
individuals named in those records. 

Sec. 730.015. PENALTY FOR FALSE REPRESENTATION. Provides that a person who
requests the disclosure of personal information from an agency's records
under this chapter and misrepresents the person's identity or who makes a
false statement to the agency on an application required by the agency
under this chapter commits a Class A misdemeanor. 

SECTION 2. Amends Sections 411.0201(d)-(g), Government Code, to delete
text regarding public access to certain records.  Makes conforming
changes. 

SECTION 3. Amends Chapter 552C, Government Code, by adding Section
552.130, as follows: 
 

Sec. 552.130. EXCEPTION: MOTOR VEHICLE RECORDS.  Sets forth an exception
regarding motor vehicle records.  Authorizes information described by
Subsection (a) to be released only if, and in the manner, authorized by
Chapter 730, Transportation Code. 

SECTION 4. Amends Section 552.222, Government Code, by amending Subsection
(a) and adding Subsection (c), to provide that if the information
requested relates to a motor vehicle record, the officer for public
information or the officer's agent may require the requestor to provide
additional identifying information sufficient for the officer or the
officer's agent to determine whether the requestor is eligible to receive
the information under Chapter 730, Transportation Code.  Defines "motor
vehicle record."   

SECTION 5. Amends Section 502.008, Transportation Code, by adding
Subsection (d), to provide that this section does not authorize the
release of information that is prohibited from disclosure under Chapter
730. 

SECTION 6. Amends Section 521.045, Transportation Code, to authorize the
Department of Public Safety (department) to disclose certain information
to a person who is eligible to receive, rather than demonstrates a
legitimate need for, the information under Chapter 730. 

SECTION 7. Amends Section 521.046(a), Transportation Code, to make
conforming changes. 

SECTION 8. Amends Section 521.050, Transportation Code, to authorize the
department to provide a purchaser with certain information if the
purchaser certifies in writing that the purchaser is eligible to receive
the information under Chapter 730.  Authorizes a magnetic tape provided
under this section to contain only names, addresses, and dates of birth of
individuals who have not prohibited the disclosure of personal information
relating to those individuals under Section 521.052 and Chapter 730.
Makes conforming changes. 

SECTION 9. Amends Section 521.051, Transportation Code, to prohibit the
department from disclosing class-type listings from the basic driver's
license record file to any person except as provided by Section
521.049(c), regardless of whether the requestor is eligible to receive the
information under Chapter 730. 

SECTION 10. Amends Section 521.052, Transportation Code, to prohibit the
department from disclosing information from the department's file that
relates to personal information, as that term is defined by Section
730.003, except as provided by Sections 521.045, 521.046, and Chapter 730,
rather than by Section 521.051 and by Subsection (d).  Deletes text
regarding the disclosure of certain information.  Requires the department
to provide written notice to each applicant for an original or renewal
license or personal identification certificate, or a duplicate or
corrected license or certificate, that the applicant is entitled to
prohibit disclosure or personal information under Chapter 730 and is
entitled to execute a statement that prohibits, rather than restricts,
public access to personal information relating to the applicant, rather
than the address of the applicant.  Deletes text regarding  notification
of a change in certain information and the disclosure of certain
information. 

SECTION 11. Amends Section 521.053(a), Transportation Code, to authorize
the department to provide to any person the information specified by
certain sections if the person is eligible to receive the information
under Chapter 730. 

SECTION 12. Amends Section 550.065, Transportation Code, as follows:

Sec. 550.065. RELEASE OF ACCIDENT REPORTS AND CERTAIN INFORMATION RELATING
TO ACCIDENTS. Sets forth information to which this section applies.
Deletes text regarding an accident report.  Provides that the information
is privileged and for the confidential use of the department and an agency
of the United States, this state, or a local government of this state that
has use for the information for accident prevention purposes, except as
provided by Subsection (c).  Sets forth entities to which the department
or governmental entity is required to release information on written
request and payment of the  required fee.  Sets forth requirements
regarding the request of certain information.  Deletes text regarding the
release of a copy of a peace officer's report. 

SECTION 13. Amends Section 601.022(a), Transportation Code, to require the
department to provide any person a certified abstract of the record of
conviction of a person subject to this chapter for violation of a law
relating to the operation of a motor vehicle or the record of any injury
or damage caused by the person's operation of a motor vehicle, if the
requestor is eligible to receive the information under Chapter 730. 

SECTION 14. (a) Effective date: September 1, 1997. 

(b) Requires each agency of this state that on September 1, 1997, compiles
or maintains motor vehicle records to adopt rules to implement the
procedures described by Section 730.007(a)(2)(k), Transportation Code, of
this Act, no later than January 1, 1998.  Requires an agency of this state
that after September 1, 1997, begins to compile or maintain motor vehicle
records to adopt rules to implement the procedure described by Section
730.007(a)(2)(K), Transportation Code, of this Act, no later than the
121st day after the date that the agency begins to compile or maintain
motor vehicle records. 

SECTION 15. (a) Provides that this Act conforms Section 550.065,
Transportation Code, to Section 1, Chapter 894, Acts of the 74th
Legislature, Regular Session, 1995, in addition to the substantive changes
made by this Act. 

(b) Repealer: Section 1, Chapter 894, Acts of the 74th Legislature,
Regular Session, 1995. 

(c) Provides that this Act prevails over another Act of the 75th
Legislature, Regular Session, 1997, relating to nonsubstantive additions
to and corrections in enacted codes to the extent of any conflict. 
 
SECTION 16. Emergency clause.