1-1     By:  Turner of Coleman (Senate Sponsor - Lucio)       H.B. No. 2220

 1-2           (In the Senate - Received from the House April 21, 1997;

 1-3     April 23, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 8, 1997, reported favorably by the following vote:

 1-5     Yeas 12, Nays 0; May 8, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the disclosure by the Texas Department of

 1-9     Transportation of information pertaining to persons who subscribe

1-10     to Texas Highways magazine or purchase certain promotional items

1-11     from the department.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Chapter 193, Acts of the 56th Legislature,

1-14     Regular Session, 1959 (Article 6144e, Vernon's Texas Civil

1-15     Statutes), is amended by adding Section 4 to read as follows:

1-16           Sec. 4.  DISCLOSURE OF TEXAS HIGHWAYS SUBSCRIBER INFORMATION

1-17     OR PURCHASER INFORMATION.  (a)  Except as provided by this section

1-18     or a rule adopted by the Texas Transportation Commission under this

1-19     section, the Texas Department of Transportation may not disclose to

1-20     any person the name, address, telephone number, social security

1-21     account number, driver's license number, bank account number,

1-22     credit or debit card number, or charge number of a person who:

1-23                 (1)  is or has been a subscriber to Texas Highways

1-24     magazine; or

1-25                 (2)  has purchased from the department a promotional

1-26     item described by Section 3(d) of this article.

1-27           (b)  Chapter 552, Government Code, does not apply to

1-28     subscriber or purchaser information described by Subsection (a) of

1-29     this section.

1-30           (c)  The Texas Transportation Commission by rule shall

1-31     establish policies relating to:

1-32                 (1)  the release of subscriber or purchaser

1-33     information;

1-34                 (2)  the use by the department of subscriber and

1-35     purchaser information; and

1-36                 (3)  the sale of a mailing list containing the names

1-37     and addresses of subscribers or purchasers.

1-38           (d)  The policies must:

1-39                 (1)  include a method by which a subscriber or

1-40     purchaser may require the department to exclude information about

1-41     the person from a mailing list that is sold; and

1-42                 (2)  provide that subscriber or purchaser information

1-43     be disclosed to an agency of this state or the United States only

1-44     if the agency certifies that the information is necessary for the

1-45     performance of the agency's duties.

1-46           (e)  The department is immune from civil or criminal

1-47     liability if the department commits an unintentional violation of

1-48     this section or a rule adopted under this section.

1-49           (f)  In this section, a reference to the department includes

1-50     an officer, employee, or agent of the department.

1-51           SECTION 2.  The importance of this legislation and the

1-52     crowded condition of the calendars in both houses create an

1-53     emergency and an imperative public necessity that the

1-54     constitutional rule requiring bills to be read on three several

1-55     days in each house be suspended, and this rule is hereby suspended,

1-56     and that this Act take effect and be in force from and after its

1-57     passage, and it is so enacted.

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