By:  Moncrief                                         S.B. No. 1069

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the release and use of certain personal information

 1-2     from motor vehicle records; providing a criminal penalty.


 1-4           SECTION 1.  Subtitle J, Title 7, Transportation Code, is

 1-5     amended by adding Chapter 730 to read as follows:


 1-7           Sec. 730.001.  SHORT TITLE.  This chapter may be cited as the

 1-8     Motor Vehicle Records Disclosure Act.

 1-9           Sec. 730.002.  PURPOSE.  The purpose of this chapter is to

1-10     implement 18 U.S.C. Chapter 123 and to protect the interest of an

1-11     individual in the individual's personal privacy by prohibiting the

1-12     disclosure and use of personal information contained in motor

1-13     vehicle records, except as authorized by the individual or by law.

1-14           Sec. 730.003.  DEFINITIONS.  In this chapter:

1-15                 (1)  "Agency" includes any agency of this state, or an

1-16     authorized agent or contractor of an agency of this state, that

1-17     compiles or maintains motor vehicle records.

1-18                 (2)  "Disclose" means to make available or make known

1-19     personal information contained in a motor vehicle record about a

1-20     person to another person, by any means of communication.

1-21                 (3)  "Individual record" means a motor vehicle record

1-22     obtained by an agency containing personal information about an

1-23     individual who is the subject of the record as identified in a

 2-1     request.

 2-2                 (4)  "Motor vehicle record" means a record that

 2-3     pertains to a motor vehicle operator's or driver's license or

 2-4     permit, motor vehicle registration, motor vehicle title, or

 2-5     identification document issued by an agency of this state or a

 2-6     local agency authorized to issue an identification document.  The

 2-7     term does not include a record that pertains to a motor carrier.

 2-8                 (5)  "Person" means an individual, organization, or

 2-9     entity but does not include this state or an agency of this state.

2-10                 (6)  "Personal information" means information that

2-11     identifies a person, including an individual's photograph or

2-12     computerized image, social security number, driver identification

2-13     number, name, address, but not the zip code, telephone number, and

2-14     medical or disability information.  The term does not include

2-15     information on vehicle accidents, driving or equipment-related

2-16     violations, or driver's license or registration status.

2-17                 (7)  "Record" includes any book, paper, photograph,

2-18     photostat, card, film, tape, recording, electronic data, printout,

2-19     or other documentary material regardless of physical form or

2-20     characteristics.


2-22     INFORMATION FROM MOTOR VEHICLE RECORDS.  Notwithstanding any other

2-23     provision of law to the contrary, including Chapter 552, Government

2-24     Code, except as provided by Sections 730.005-730.008, an agency may

2-25     not disclose personal information about any person obtained by the

 3-1     agency in connection with a motor vehicle record.

 3-2           Sec. 730.005.  REQUIRED DISCLOSURE.  Personal information

 3-3     obtained by an agency in connection with a motor vehicle record

 3-4     shall be disclosed for use in connection with any matter of:

 3-5                 (1)  motor vehicle or motor vehicle operator safety;

 3-6                 (2)  motor vehicle theft;

 3-7                 (3)  motor vehicle emissions;

 3-8                 (4)  motor vehicle product alterations, recalls, or

 3-9     advisories;

3-10                 (5)  performance monitoring of motor vehicles or motor

3-11     vehicle dealers by a motor vehicle manufacturer; or

3-12                 (6)  removal of nonowner records from the original

3-13     owner records of a motor vehicle manufacturer to carry out the

3-14     purposes of:

3-15                       (A)  the Automobile Information Disclosure Act,

3-16     15 U.S.C. Section 1231 et seq.;

3-17                       (B)  49 U.S.C. Chapters 301, 305, 323, 325, 327,

3-18     329, and 331;

3-19                       (C)  the Anti Car Theft Act of 1992, 18 U.S.C.

3-20     Sections 553, 981, 982, 2119, 2312, 2313, and 2322, 19 U.S.C.

3-21     Sections 1646b and 1646c, and 42 U.S.C. Section 3750a et seq., all

3-22     as amended;

3-23                       (D)  the Clean Air Act, 42 U.S.C. Section 7401 et

3-24     seq., as amended; and

3-25                       (E)  any other statute or regulation enacted or

 4-1     adopted under or in relation to a law included in Paragraphs

 4-2     (A)-(D).

 4-3           Sec. 730.006.  REQUIRED DISCLOSURE WITH CONSENT.  Personal

 4-4     information obtained by an agency in connection with a motor

 4-5     vehicle record shall be disclosed to a requestor who demonstrates,

 4-6     in such form and manner as the agency requires, that the requestor

 4-7     has obtained the written consent of the person who is the subject

 4-8     of the information.

 4-9           Sec. 730.007.  PERMITTED DISCLOSURES.  (a)  Personal

4-10     information obtained by an agency in connection with a motor

4-11     vehicle record may be disclosed to any requestor by an agency if

4-12     the requestor:

4-13                 (1)  provides the requestor's name and address and any

4-14     proof of that information required by the agency; and

4-15                 (2)  represents that the use of the personal

4-16     information will be strictly limited to:

4-17                       (A)  use by:

4-18                             (i)  a government agency, including any

4-19     court or law enforcement agency, in carrying out its functions; or

4-20                             (ii)  a private person or entity acting on

4-21     behalf of a government agency in carrying out the functions of the

4-22     agency;

4-23                       (B)  use in connection with a matter of:

4-24                             (i)  motor vehicle or motor vehicle

4-25     operator safety;

 5-1                             (ii)  motor vehicle theft;

 5-2                             (iii)  motor vehicle product alterations,

 5-3     recalls, or advisories;

 5-4                             (iv)  performance monitoring of motor

 5-5     vehicles, motor vehicle parts, or motor vehicle dealers;

 5-6                             (v)  motor vehicle market research

 5-7     activities, including survey research; or

 5-8                             (vi)  removal of nonowner records from the

 5-9     original owner records of motor vehicle manufacturers;

5-10                       (C)  use in the normal course of business by a

5-11     legitimate business or an agent, employee, or contractor of the

5-12     business, but only:

5-13                             (i)  to verify the accuracy of personal

5-14     information submitted by the individual to the business or an

5-15     agent, employee, or contractor of the business; and

5-16                             (ii)  if the information as submitted is

5-17     not correct or is no longer correct, to obtain the correct

5-18     information, for the sole purpose of preventing fraud by, pursuing

5-19     a legal remedy against, or recovering on a debt or security

5-20     interest against the individual;

5-21                       (D)  use in conjunction with a civil, criminal,

5-22     administrative, or arbitral proceeding in any court or government

5-23     agency or before any self-regulatory body, including service of

5-24     process, investigation in anticipation of litigation, execution or

5-25     enforcement of a judgment or order, or under an order of any court;

 6-1                       (E)  use in research or in producing statistical

 6-2     reports, but only if the personal information is not published,

 6-3     redisclosed, or used to contact any individual;

 6-4                       (F)  use by an insurer or insurance support

 6-5     organization, or by a self-insured entity, or an agent, employee,

 6-6     or contractor of the entity, in connection with claims

 6-7     investigation activities, antifraud activities, rating, or

 6-8     underwriting;

 6-9                       (G)  use in providing notice to an owner of a

6-10     towed or impounded vehicle;

6-11                       (H)  use by a licensed private investigator

6-12     agency or licensed security service for a purpose permitted under

6-13     this section;

6-14                       (I)  use by an employer or an agent or insurer of

6-15     the employer to obtain or verify information relating to a holder

6-16     of a commercial driver's license that is required under 49 U.S.C.

6-17     Chapter 313;

6-18                       (J)  use in connection with the operation of a

6-19     private toll transportation facility;

6-20                       (K)  use for bulk distribution for surveys,

6-21     marketing, or solicitations, but only if the agency has implemented

6-22     procedures to ensure that:

6-23                             (i)  persons are provided an opportunity,

6-24     in a clear and conspicuous manner, to opt out and prohibit those

6-25     uses; and

 7-1                             (ii)  the information will be used, rented,

 7-2     or sold solely for bulk distribution for surveys, marketing, or

 7-3     solicitations, and that surveys, marketing, or solicitations will

 7-4     not be directed at any individual who has timely requested that the

 7-5     material not be directed at that individual; and

 7-6                       (L)  use for any other purpose specifically

 7-7     authorized by law that relates to the operation of a motor vehicle

 7-8     or to public safety.

 7-9           (b)  The only personal information an agency may release

7-10     under this section is the individual's:

7-11                 (1)  name and address;

7-12                 (2)  date of birth; and

7-13                 (3)  driver's license number.

7-14           Sec. 730.008.  DISCLOSURE OF INDIVIDUAL RECORD.

7-15     (a)  Personal information obtained by an agency in connection with

7-16     a motor vehicle record that is contained in an individual record

7-17     may be disclosed to a requestor without regard to intended use if

7-18     the Department of Public Safety has:

7-19                 (1)  provided, in a clear and conspicuous manner on

7-20     forms for issuance or renewal of an operator's or driver's license,

7-21     registration, title, or identification document, notice that

7-22     personal information collected by the Department of Public Safety

7-23     may be disclosed to any person making a request for an individual

7-24     record; and

7-25                 (2)  provided in a clear and conspicuous manner on that

 8-1     form an opportunity for each person who is the subject of the

 8-2     record to prohibit that disclosure.

 8-3           (b)  An agency may include the notice described by Subsection

 8-4     (a)(1) on forms used by members of the general public.

 8-5           Sec. 730.009.  REQUESTS TO PROHIBIT DISCLOSURE.  Each agency

 8-6     shall distinguish between a request by a person under Section

 8-7     730.008 to prohibit disclosure of personal information in the

 8-8     person's individual record and a request under Section

 8-9     730.007(a)(2)(K) by a person to prohibit disclosure of that

8-10     information.

8-11           Sec. 730.010.  DISCLOSURE OF THUMB OR FINGER IMAGES

8-12     PROHIBITED.  Notwithstanding any other provision of this chapter,

8-13     if an agency obtains an image of an individual's thumb or finger in

8-14     connection with the  issuance of a license, permit, or certificate

8-15     to the individual, the agency may:

8-16                 (1)  use the image only in connection with the issuance

8-17     of the license, permit, or certificate; and

8-18                 (2)  disclose the image only if disclosure is expressly

8-19     authorized by law.

8-20           Sec. 730.011.  FEES.  Unless a fee is imposed by law, an

8-21     agency that has obtained information in connection with a motor

8-22     vehicle may adopt reasonable fees for disclosure of that personal

8-23     information under this chapter.

8-24           Sec. 730.012.  ADDITIONAL CONDITIONS.  (a)  In addition to

8-25     the payment of a fee adopted under Section 730.011, an agency may

 9-1     require a requestor to provide reasonable assurance:

 9-2                 (1)  as to the identity of the requestor; and

 9-3                 (2)  that use of the personal information will be only

 9-4     as authorized or that the consent of the person who is the subject

 9-5     of the information has been obtained.

 9-6           (b)  An agency may require the requestor to make or file a

 9-7     written application in the form and containing any certification

 9-8     requirement the agency may prescribe.

 9-9           Sec. 730.013.  RESALE OR REDISCLOSURE.  (a)  An authorized

9-10     recipient of personal information, other than a recipient under

9-11     Section 730.007(a)(2)(K)(ii) or Section 730.008, may resell or

9-12     redisclose the information for any use permitted under Section

9-13     730.007, other than a use described by Section

9-14     730.007(a)(2)(K)(ii).

9-15           (b)  An authorized recipient of an individual record under

9-16     Section 730.008 may resell or redisclose personal information for

9-17     any purpose.

9-18           (c)  An authorized recipient of personal information for bulk

9-19     distribution for surveys, marketing, or solicitations under Section

9-20     730.007(a)(2)(K)(ii) may resell or redisclose personal information

9-21     only in compliance with the terms of that section.

9-22           (d)  Any authorized recipient who resells or rediscloses

9-23     personal information obtained from an agency shall be required by

9-24     that agency to:

9-25                 (1)  maintain for a period of not less than five years

 10-1    records as to any person or entity receiving that information and

 10-2    the permitted use for which it was obtained; and

 10-3                (2)  make those records available for inspection by the

 10-4    agency on request.

 10-5          Sec. 730.014.  AGENCY RULES; ORGANIZATION OF RECORDS.

 10-6    (a)  Each agency may adopt rules to implement and administer this

 10-7    chapter.

 10-8          (b)  An agency that maintains motor vehicle records in

 10-9    relation to motor vehicles is not required to also maintain those

10-10    records in relation to the individuals named in those records.

10-11          Sec. 730.015.  PENALTY FOR FALSE REPRESENTATION.  (a)  A

10-12    person who requests the disclosure of personal information from an

10-13    agency's records under this chapter and misrepresents the person's

10-14    identity or who makes a false statement to the agency on an

10-15    application required by the agency under this chapter commits an

10-16    offense.

10-17          (b)  An offense under Subsection (a) is a Class A

10-18    misdemeanor.

10-19          SECTION 2.  Subsections (d) through (g), Section 411.0201,

10-20    Government Code, are amended to read as follows:

10-21          (d)  [The department shall provide an adequate number of

10-22    microfilm readers and printers to allow the public convenient and

10-23    inexpensive access to records created under Subsection (a).  The

10-24    department shall index the records alphabetically, by number, by

10-25    subject matter, or by other appropriate references and shall

 11-1    provide the index to the public to promote convenient access.]

 11-2          [(e)]  A photograph, microphotograph, or film of a record

 11-3    reproduced under Subsection (a) is equivalent to the original

 11-4    record for all purposes, including introduction as evidence in all

 11-5    courts and administrative agency proceedings.  A certified or

 11-6    authenticated copy of such a photograph, microphotograph, or film

 11-7    is admissible as evidence equally with the original photograph,

 11-8    microphotograph, or film.

 11-9          (e) [(f)]  The director or an authorized representative may

11-10    certify the authenticity of a photograph, microphotograph, or film

11-11    of a record reproduced under this section and shall charge a fee

11-12    for the certified photograph, microphotograph, or film as provided

11-13    by law.

11-14          (f) [(g)]  Certified records shall be furnished to any person

11-15    who is authorized by law to receive them.

11-16          SECTION 3.  Subchapter C, Chapter 552, Government Code, is

11-17    amended by adding Section 552.130 to read as follows:

11-18          Sec. 552.130.  EXCEPTION:  MOTOR VEHICLE RECORDS.

11-19    (a)  Information is excepted from the requirements of Section

11-20    552.021 if the information relates to:

11-21                (1)  a motor vehicle operator's or driver's license or

11-22    permit issued by an agency of this state;

11-23                (2)  a motor vehicle title or registration issued by an

11-24    agency of this state; or

11-25                (3)  a personal identification document issued by an

 12-1    agency of this state or a local agency authorized to issue an

 12-2    identification document.

 12-3          (b)  Information described by Subsection (a) may be released

 12-4    only if, and in the manner, authorized by Chapter 730,

 12-5    Transportation Code.

 12-6          SECTION 4.  Section 552.222, Government Code, is amended by

 12-7    amending Subsection (a) and adding Subsection (c) to read as

 12-8    follows:

 12-9          (a)  The officer for public information and the officer's

12-10    agent may not make an inquiry of a requestor except to establish

12-11    proper identification or except as provided by Subsection (b) or

12-12    (c).

12-13          (c)  If the information requested relates to a motor vehicle

12-14    record, the officer for public information or the officer's agent

12-15    may require the requestor to provide additional identifying

12-16    information sufficient for the officer or the officer's agent to

12-17    determine whether the requestor is eligible to receive the

12-18    information under Chapter 730, Transportation Code.  In this

12-19    subsection, "motor vehicle record" has the meaning assigned that

12-20    term by Section 730.003, Transportation Code.

12-21          SECTION 5.  Section 502.008, Transportation Code, is amended

12-22    by adding Subsection (d) to read as follows:

12-23          (d)  This section does not authorize the release of

12-24    information that is prohibited from disclosure under Chapter 730.

12-25          SECTION 6.  Section 521.045, Transportation Code, is amended

 13-1    to read as follows:


 13-3    INDIVIDUAL OPERATOR.  On receipt of a written request and payment

 13-4    of a $4 fee, the department may disclose information relating to an

 13-5    individual's date of birth, current license status, and most recent

 13-6    address, as shown in the department's records, to a person who:

 13-7                (1)  is eligible to receive [demonstrates a legitimate

 13-8    need for] the information under Chapter 730; and

 13-9                (2)  submits to the department the individual's

13-10    driver's license number or the individual's full name and date of

13-11    birth.

13-12          SECTION 7.  Subsection (a), Section 521.046, Transportation

13-13    Code, is amended to read as follows:

13-14          (a)  In addition to the information authorized to be released

13-15    under Section 521.045, on receipt of a written request and payment

13-16    of a $6 fee, the department may disclose that information and

13-17    information regarding each reported traffic law conviction and

13-18    motor vehicle accident in which the individual received a citation,

13-19    by date and location, within the three years preceding the date of

13-20    the request, to a person who:

13-21                (1)  is eligible to receive [demonstrates a legitimate

13-22    need for] the information under Chapter 730; and

13-23                (2)  submits to the department the individual's

13-24    driver's license number or the individual's full name and date of

13-25    birth.

 14-1          SECTION 8.  Section 521.050, Transportation Code, is amended

 14-2    to read as follows:

 14-3          Sec. 521.050.  SALE OF LICENSE INFORMATION.  (a)  In addition

 14-4    to the provisions of this subchapter relating to the disclosure of

 14-5    driver's license information on an individual, the department may

 14-6    provide a purchaser with a magnetic tape of the names, addresses,

 14-7    and dates of birth of all license holders that are contained in the

 14-8    department's basic driver's license record file if the purchaser

 14-9    certifies in writing that the purchaser is eligible to receive the

14-10    information under Chapter 730.

14-11          (b)  A magnetic tape provided under this section may contain

14-12    only the names, addresses, and dates of birth of individuals who

14-13    have not prohibited the disclosure of personal information relating

14-14    to those individuals under Section 521.052 and Chapter 730.

14-15          (c)  The department may also periodically provide to the

14-16    purchaser of the information any addition to that file.

14-17          (d) [(b)]  Before the department may provide information

14-18    under Subsection (a), the purchaser must agree to delete the name,

14-19    address, and date of birth of an individual whose name is also

14-20    included on the mail or telephone preference list maintained by a

14-21    recognized trade association that is used to remove the name of an

14-22    individual who has requested that the individual's name not be made

14-23    available for solicitation purposes.

14-24          SECTION 9.  Section 521.051, Transportation Code, is amended

14-25    to read as follows:


 15-2    The department may not disclose class-type listings from the basic

 15-3    driver's license record file to any person except as provided by

 15-4    Section 521.049(c), regardless of whether the requestor is eligible

 15-5    to receive the information under Chapter 730.

 15-6          SECTION 10.  Section 521.052, Transportation Code, is amended

 15-7    to read as follows:


 15-9    PROHIBITED.  (a)  Except as provided by Sections 521.045, 521.046,

15-10    521.049(c), and 521.050[,] and by Chapter 730 [521.051 and by

15-11    Subsection (d)], the department may not disclose information from

15-12    the department's files that relates to personal information, as

15-13    that term is defined by Section 730.003 [the address of an

15-14    individual if:]

15-15                [(1)  the department's files contain a statement

15-16    executed by that individual that restricts public access to the

15-17    information; and]

15-18                [(2)  the individual has:]

15-19                      [(A)  provided the department in writing an

15-20    accurate mailing address, other than a post office box number, in

15-21    the municipality, if any, and county in this state in which the

15-22    individual resides and to which public access is not to be

15-23    restricted;]

15-24                      [(B)  consented in writing to receive service of

15-25    process under the laws of this state at that alternate address; and]

 16-1                      [(C)  paid to the department a fee of $5, if the

 16-2    individual established or changed an alternate address at any time

 16-3    other than when the individual renewed the individual's driver's

 16-4    license or personal identification certificate].

 16-5          (b)  The department shall provide written notice to each

 16-6    applicant for an original or renewal license or personal

 16-7    identification certificate, or a duplicate or corrected license or

 16-8    certificate, that the applicant is entitled to prohibit disclosure

 16-9    of personal information under Chapter 730 and is entitled to

16-10    execute a statement that prohibits [restricts] public access to

16-11    personal information relating to the [address of the] applicant.

16-12          (c)  [An individual who has executed a statement under this

16-13    section shall notify the department of any change in the

16-14    individual's alternate address in writing before the 10th day after

16-15    the date on which the alternate address is changed.]

16-16          [(d)  The department is not prohibited under this section

16-17    from disclosing information relating to the address of an

16-18    individual who:]

16-19                [(1)  gives the department an inaccurate alternate

16-20    mailing address; or]

16-21                [(2)  fails to provide the department with the

16-22    notification required by Subsection (c).]

16-23          [(e)]  An individual may at any time revoke a [the] statement

16-24    executed under Subsection (a) or (b).  Revocation of an executed

16-25    statement must be in writing in the manner prescribed by the

 17-1    department.

 17-2          [(f)  The department or an officer or employee of the

 17-3    department is not liable to a person damaged or injured by the

 17-4    disclosure of information to which public access is restricted

 17-5    under this section.]

 17-6          SECTION 11.  Subsection (a), Section 521.053, Transportation

 17-7    Code, is amended to read as follows:

 17-8          (a)  The department may provide to any person the information

 17-9    specified by Section 521.045, 521.046, or 521.047 and by Section

17-10    601.022, for the fee required by those sections, that relate to the

17-11    holder of or applicant for a commercial driver's license under

17-12    Chapter 522 if the person is eligible to receive the information

17-13    under Chapter 730.

17-14          SECTION 12.  Section 550.065, Transportation Code, is amended

17-15    to read as follows:


17-17    INFORMATION RELATING TO ACCIDENTS.  (a)  This section applies only

17-18    to information that is held by the department or another

17-19    governmental entity and relates to a motor vehicle accident,

17-20    including:

17-21                (1)  information reported under this chapter, Section

17-22    601.004, or Chapter 772, Health and Safety Code;

17-23                (2)  information contained in a dispatch log, towing

17-24    record, or a record of a 9-1-1 service provider; and

17-25                (3)  the part of any other record that includes

 18-1    information relating to the date of the accident, the name of any

 18-2    person involved in the accident, or the specific location of the

 18-3    accident [An accident report prepared by a peace officer and

 18-4    submitted to the department after January 1, 1970, is a public

 18-5    record open for inspection].

 18-6          (b)  Except as provided by Subsection (c), the information is

 18-7    privileged and for the confidential use of:

 18-8                (1)  the department; and

 18-9                (2)  an agency of the United States, this state, or a

18-10    local government of this state that has use for the information for

18-11    accident prevention purposes.

18-12          (c)  On written request and payment of any required fee, the

18-13    department or the governmental entity shall release the information

18-14    to:

18-15                (1)  an entity described by Subsection (b);

18-16                (2)  the law enforcement agency that employs the peace

18-17    officer who investigated the accident and sent the information to

18-18    the department;

18-19                (3)  the court in which a case involving a person

18-20    involved in the accident is pending if the report is subpoenaed; or

18-21                (4)  a person who provides the department or

18-22    governmental entity with the name of any person involved in the

18-23    accident and one or more of the following:

18-24                      (A)  the date of the accident; or

18-25                      (B)  the specific address or the highway or

 19-1    street where the accident occurred.

 19-2          (d)  The department or governmental entity shall request

 19-3    information on a written form adopted by the department or the

 19-4    entity to determine whether the person or entity requesting the

 19-5    information is entitled to receive the information under Subsection

 19-6    (c).

 19-7          (e)  [On written request and payment of the required fee, the

 19-8    department or a law enforcement agency shall provide a copy of a

 19-9    peace officer's report that may be released under this section.]

19-10          [(c)]  The fee for a copy of the peace officer's report is

19-11    $4.  The copy may be certified by the department or a law

19-12    enforcement agency for an additional fee of $2.  The department may

19-13    issue a certification that no report is on file for a fee of $4.

19-14          (f)  If the person or entity requesting the information is

19-15    entitled to receive the information under Subsection (c),

19-16    Subchapter F, Chapter 552, Government Code, applies in connection

19-17    with:

19-18                (1)  making the information available to that person or

19-19    entity if the information exists in a paper record;

19-20                (2)  providing that person or entity access to the

19-21    information if the information exists in an electronic medium or in

19-22    an electronic form; and

19-23                (3)  providing a copy of the information to that person

19-24    or entity.

19-25          SECTION 13.  Subsection (a), Section 601.022, Transportation

 20-1    Code, is amended to read as follows:

 20-2          (a)  The department, on request and receipt of the required

 20-3    fee, shall provide any person a certified abstract of the record of

 20-4    conviction of a person subject to this chapter for violation of a

 20-5    law relating to the operation of a motor vehicle or the record of

 20-6    any injury or damage caused by the person's operation of a motor

 20-7    vehicle if the requestor is eligible to receive the information

 20-8    under Chapter 730.

 20-9          SECTION 14.  (a)  This Act takes effect September 1, 1997.

20-10          (b)  No later than January 1, 1998, each agency of this state

20-11    that on September 1, 1997, compiles or maintains motor vehicle

20-12    records shall adopt rules to implement the procedures described by

20-13    Paragraph (K), Subdivision (2), Subsection (a), Section 730.007,

20-14    Transportation Code, as added by this Act.  An agency of this state

20-15    that after September 1, 1997, begins to compile or maintain motor

20-16    vehicle records shall adopt rules to implement the procedures

20-17    described by Paragraph (K), Subdivision (2), Subsection (a),

20-18    Section 730.007, Transportation Code, as added by this Act, no

20-19    later than the 121st day after the date that the agency begins to

20-20    compile or maintain motor vehicle records.

20-21          SECTION 15.  (a)  In addition to the substantive changes made

20-22    by this Act, this Act conforms Section 550.065, Transportation

20-23    Code, to Section 1, Chapter 894, Acts of the 74th Legislature,

20-24    1995.

20-25          (b)  Section 1, Chapter 894, Acts of the 74th Legislature,

 21-1    1995, is repealed.

 21-2          (c)  To the extent of any conflict, this Act prevails over

 21-3    another Act of the 75th Legislature, Regular Session, 1997,

 21-4    relating to nonsubstantive additions to and corrections in enacted

 21-5    codes.

 21-6          SECTION 16.  The importance of this legislation and the

 21-7    crowded condition of the calendars in both houses create an

 21-8    emergency and an imperative public necessity that the

 21-9    constitutional rule requiring bills to be read on three several

21-10    days in each house be suspended, and this rule is hereby suspended.