SRC-HRD S.B. 1204 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1204
By: Lucio
State Affairs
4-2-97
As Filed


DIGEST 

Currently, the Texas Department of Transportation is required to sell the
contents of its Texas Highways magazine subscriber list under terms of the
Texas Open Records Law to anyone requesting it.  By order of an opinion of
the attorney general, subscribers cannot prevent disclosure of personal
information to those who request the subscriber list.  The state is
required to sell the subscriber list at the cost of reproduction to anyone
who requests it.  In some instances, subscribers have canceled their
subscriptions upon learning that their personal information cannot be
withheld. This would allow subscribers to protect the privacy of their
personal information.    

There are also concerns that the state is selling this personal
information at cut-rate prices. Currently, the list, which consists of
approximately 360,000 subscribers, sells for about $154.  Some estimates
suggest the list actually has a market value of $27,000.  S.B. 1204 would
allow the state to receive fair market value for sales of the list.  In
addition, the state has no control over who may purchase and resell the
subscriber list.  In some instances, list brokers purchase the subscriber
list, and then market it to direct mail marketers for resale at fair
market value.  The state has no way of knowing which direct mail markets
purchase the list from brokers.  This bill would give the Texas
Transportation Commission the right to determine who may purchase the
list.   

PURPOSE

As proposed, S.B. 1204 sets forth provisions to allow subscribers to Texas
Highways to protect their personal information, and authorizes the Texas
Transportation Commission to establish policies relating to the release of
subscriber information and the sale of a mailing list containing the names
and address of subscribers.   

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 193, 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), except as provided by this section or a rule adopted by the
Texas Transportation Commission, from disclosing to any person the name,
address, telephone number, bank account number, credit or debit card
number, or charge number of a person who is or has been a subscriber to
Texas Highways magazine or who has purchased from the department a
promotional item described by Section 3(d) of this article.  Provides that
Chapter 552, Government Code, does not apply to subscriber or purchaser
information described by Subsection (a) of this section.  Requires the
Texas Transportation Commission, by rule, to establish certain policies.
Sets forth requirements regarding such policies. 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.