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.  Subtitle J, Title 7, Transportation Code, is

10-20    amended by adding Chapter 731 to read as follows:


10-22                        FROM MOTOR VEHICLE RECORDS

10-23          Sec. 731.001.  DEFINITIONS.  In this chapter:

10-24                (1)  "Agency" means an agency of this state that

10-25    compiles or maintains motor vehicle records.  The term includes the

 11-1    Department of Public Safety and the Texas Department of

 11-2    Transportation.

 11-3                (2)  "Internet" means the international computer

 11-4    network of federal and nonfederal interoperable packet switched

 11-5    data networks or a similar computer bulletin board or computer

 11-6    network accessible to the public.

 11-7                (3)  "Motor vehicle record" means a record that

 11-8    pertains to a motor vehicle operator's or driver's license or

 11-9    permit, motor vehicle registration, motor vehicle title, or

11-10    identification document issued by an agency or a local governmental

11-11    entity authorized to issue an identification document.  The term

11-12    includes a driver record maintained by the Department of Public

11-13    Safety.

11-14                (4)  "Personal information" means information that

11-15    identifies an individual, including an individual's photograph or

11-16    computerized photographic image, social security number, driver

11-17    identification number, personal identification certificate number,

11-18    name, address other than the postal routing code, telephone number,

11-19    and medical or disability information.  The term does not include

11-20    information on vehicular accidents, driving violations, or driver's

11-21    license status.


11-23    Notwithstanding any other law, including Chapter 501, 502, 521, or

11-24    522 of this code and Chapter 552, Government Code, an agency is

11-25    prohibited from providing a person with personal information from

 12-1    the agency's motor vehicle records unless the person receiving the

 12-2    information is the individual to whom the information pertains or

 12-3    that individual's agent or the person agrees in writing with the

 12-4    agency that the person will not:

 12-5                (1)  disseminate or publish the information on the

 12-6    internet; or

 12-7                (2)  permit another to disseminate or publish the

 12-8    information on the internet.


12-10    INFORMATION ON INTERNET.  A person may not publish or disclose on

12-11    the internet personal information from a motor vehicle record that

12-12    has been obtained directly or indirectly from an agency without the

12-13    consent of the individual to whom the information pertains.

12-14          Sec. 731.004.  CIVIL ENFORCEMENT.  A district or county

12-15    attorney or the attorney general may file suit in a district court

12-16    to enjoin a violation of this chapter or to compel compliance with

12-17    this chapter.

12-18          Sec. 731.005.  CIVIL CAUSE OF ACTION.  (a)  A person who

12-19    knowingly discloses or uses personal information from an agency's

12-20    motor vehicle records in violation of this chapter is liable for

12-21    damages caused by the disclosure or use in an action brought in a

12-22    district court by the individual to whom the information relates.

12-23          (b)  A person who brings a suit under Subsection (a) may

12-24    recover:

12-25                (1)  actual damages or, if actual damages are less than

 13-1    $2,500, actual damages and liquidated damages of not less than

 13-2    $2,500;

 13-3                (2)  punitive damages, on proof of wilful or reckless

 13-4    disregard of the law;

 13-5                (3)  reasonable attorney's fees and litigation costs;

 13-6    and

 13-7                (4)  other equitable and preliminary relief that the

 13-8    court finds appropriate.

 13-9          Sec. 731.006.  FALSE STATEMENT TO AGENCY; PENALTY.  (a)  A

13-10    person commits an offense if the person makes a false statement or

13-11    representation to an agency to obtain personal information

13-12    pertaining to any individual from the agency's motor vehicle

13-13    records.

13-14          (b)  An offense under this section is a Class A misdemeanor.



13-17    an offense if the person:

13-18                (1)  has access to or is in possession of personal

13-19    information obtained from an agency's motor vehicle records; and

13-20                (2)  disseminates or publishes the information on the

13-21    internet without the consent of the individual to whom the

13-22    information pertains.

13-23          (b)  An offense under Subsection (a) is a Class A

13-24    misdemeanor.

13-25          Sec. 731.008.  AFFIRMATIVE DEFENSE TO CIVIL ACTION OR

 14-1    PROSECUTION.  It is an affirmative defense to an action brought

 14-2    under Section 731.005 or to a prosecution brought under  Section

 14-3    731.007 that the person disclosed or used the personal information

 14-4    of the individual in compliance with and for a purpose authorized

 14-5    by the federal Driver's Privacy Protection Act of 1994 (18 U.S.C.

 14-6    Section 2721 et seq.).

 14-7          Sec. 731.009.  RULES.  Each agency to which this chapter

 14-8    applies shall adopt rules to implement and enforce this chapter.

 14-9          SECTION 3.  Subsections (d) through (g), Section 411.0201,

14-10    Government Code, are amended to read as follows:

14-11          (d)  [The department shall provide an adequate number of

14-12    microfilm readers and printers to allow the public convenient and

14-13    inexpensive access to records created under Subsection (a).  The

14-14    department shall index the records alphabetically, by number, by

14-15    subject matter, or by other appropriate references and shall

14-16    provide the index to the public to promote convenient access.]

14-17          [(e)]  A photograph, microphotograph, or film of a record

14-18    reproduced under Subsection (a) is equivalent to the original

14-19    record for all purposes, including introduction as evidence in all

14-20    courts and administrative agency proceedings.  A certified or

14-21    authenticated copy of such a photograph, microphotograph, or film

14-22    is admissible as evidence equally with the original photograph,

14-23    microphotograph, or film.

14-24          (e) [(f)]  The director or an authorized representative may

14-25    certify the authenticity of a photograph, microphotograph, or film

 15-1    of a record reproduced under this section and shall charge a fee

 15-2    for the certified photograph, microphotograph, or film as provided

 15-3    by law.

 15-4          (f) [(g)]  Certified records shall be furnished to any person

 15-5    who is authorized by law to receive them.

 15-6          SECTION 4.  Subchapter C, Chapter 552, Government Code, is

 15-7    amended by adding Section 552.130 to read as follows:

 15-8          Sec. 552.130.  EXCEPTION:  MOTOR VEHICLE RECORDS.

 15-9    (a)  Information is excepted from the requirements of Section

15-10    552.021 if the information relates to:

15-11                (1)  a motor vehicle operator's or driver's license or

15-12    permit issued by an agency of this state;

15-13                (2)  a motor vehicle title or registration issued by an

15-14    agency of this state; or

15-15                (3)  a personal identification document issued by an

15-16    agency of this state or a local agency authorized to issue an

15-17    identification document.

15-18          (b)  Information described by Subsection (a) may be released

15-19    only if, and in the manner, authorized by Chapter 730,

15-20    Transportation Code.

15-21          SECTION 5.  Section 552.222, Government Code, is amended by

15-22    amending Subsection (a) and adding Subsection (c) to read as

15-23    follows:

15-24          (a)  The officer for public information and the officer's

15-25    agent may not make an inquiry of a requestor except to establish

 16-1    proper identification or except as provided by Subsection (b) or

 16-2    (c).

 16-3          (c)  If the information requested relates to a motor vehicle

 16-4    record, the officer for public information or the officer's agent

 16-5    may require the requestor to provide additional identifying

 16-6    information sufficient for the officer or the officer's agent to

 16-7    determine whether the requestor is eligible to receive the

 16-8    information under Chapter 730, Transportation Code.  In this

 16-9    subsection, "motor vehicle record" has the meaning assigned that

16-10    term by Section 730.003, Transportation Code.

16-11          SECTION 6.  Section 502.008, Transportation Code, is amended

16-12    by adding Subsection (d) to read as follows:

16-13          (d)  This section does not authorize the release of

16-14    information that is prohibited from disclosure under Chapter 730.

16-15          SECTION 7.  Section 521.045, Transportation Code, is amended

16-16    to read as follows:


16-18    INDIVIDUAL OPERATOR.  On receipt of a written request and payment

16-19    of a $4 fee, the department may disclose information relating to an

16-20    individual's date of birth, current license status, and most recent

16-21    address, as shown in the department's records, to a person who:

16-22                (1)  is eligible to receive [demonstrates a legitimate

16-23    need for] the information under Chapter 730; and

16-24                (2)  submits to the department the individual's

16-25    driver's license number or the individual's full name and date of

 17-1    birth.

 17-2          SECTION 8.  Subsection (a), Section 521.046, Transportation

 17-3    Code, is amended to read as follows:

 17-4          (a)  In addition to the information authorized to be released

 17-5    under Section 521.045, on receipt of a written request and payment

 17-6    of a $6 fee, the department may disclose that information and

 17-7    information regarding each reported traffic law conviction and

 17-8    motor vehicle accident in which the individual received a citation,

 17-9    by date and location, within the three years preceding the date of

17-10    the request, to a person who:

17-11                (1)  is eligible to receive [demonstrates a legitimate

17-12    need for] the information under Chapter 730; and

17-13                (2)  submits to the department the individual's

17-14    driver's license number or the individual's full name and date of

17-15    birth.

17-16          SECTION 9.  Section 521.050, Transportation Code, is amended

17-17    to read as follows:

17-18          Sec. 521.050.  SALE OF LICENSE INFORMATION.  (a)  In addition

17-19    to the provisions of this subchapter relating to the disclosure of

17-20    driver's license information on an individual, the department may

17-21    provide a purchaser with a magnetic tape of the names, addresses,

17-22    and dates of birth of all license holders that are contained in the

17-23    department's basic driver's license record file if the purchaser

17-24    certifies in writing that the purchaser is eligible to receive the

17-25    information under Chapter 730.

 18-1          (b)  A magnetic tape provided under this section may contain

 18-2    only the names, addresses, and dates of birth of individuals who

 18-3    have not prohibited the disclosure of personal information relating

 18-4    to those individuals under Section 521.052 and Chapter 730.

 18-5          (c)  The department may also periodically provide to the

 18-6    purchaser of the information any addition to that file.

 18-7          (d) [(b)]  Before the department may provide information

 18-8    under Subsection (a), the purchaser must agree to delete the name,

 18-9    address, and date of birth of an individual whose name is also

18-10    included on the mail or telephone preference list maintained by a

18-11    recognized trade association that is used to remove the name of an

18-12    individual who has requested that the individual's name not be made

18-13    available for solicitation purposes.

18-14          SECTION 10.  Section 521.051, Transportation Code, is amended

18-15    to read as follows:


18-17    The department may not disclose class-type listings from the basic

18-18    driver's license record file to any person except as provided by

18-19    Section 521.049(c), regardless of whether the requestor is eligible

18-20    to receive the information under Chapter 730.

18-21          SECTION 11.  Section 521.052, Transportation Code, is amended

18-22    to read as follows:


18-24    PROHIBITED.  (a)  Except as provided by Sections 521.045, 521.046,

18-25    521.049(c), and 521.050[,] and by Chapter 730 [521.051 and by

 19-1    Subsection (d)], the department may not disclose information from

 19-2    the department's files that relates to personal information, as

 19-3    that term is defined by Section 730.003 [the address of an

 19-4    individual if:]

 19-5                [(1)  the department's files contain a statement

 19-6    executed by that individual that restricts public access to the

 19-7    information; and]

 19-8                [(2)  the individual has:]

 19-9                      [(A)  provided the department in writing an

19-10    accurate mailing address, other than a post office box number, in

19-11    the municipality, if any, and county in this state in which the

19-12    individual resides and to which public access is not to be

19-13    restricted;]

19-14                      [(B)  consented in writing to receive service of

19-15    process under the laws of this state at that alternate address; and]

19-16                      [(C)  paid to the department a fee of $5, if the

19-17    individual established or changed an alternate address at any time

19-18    other than when the individual renewed the individual's driver's

19-19    license or personal identification certificate].

19-20          (b)  The department shall provide written notice to each

19-21    applicant for an original or renewal license or personal

19-22    identification certificate, or a duplicate or corrected license or

19-23    certificate, that the applicant is entitled to prohibit disclosure

19-24    of personal information under Chapter 730 and is entitled to

19-25    execute a statement that prohibits [restricts] public access to

 20-1    personal information relating to the [address of the] applicant.

 20-2          (c)  [An individual who has executed a statement under this

 20-3    section shall notify the department of any change in the

 20-4    individual's alternate address in writing before the 10th day after

 20-5    the date on which the alternate address is changed.]

 20-6          [(d)  The department is not prohibited under this section

 20-7    from disclosing information relating to the address of an

 20-8    individual who:]

 20-9                [(1)  gives the department an inaccurate alternate

20-10    mailing address; or]

20-11                [(2)  fails to provide the department with the

20-12    notification required by Subsection (c).]

20-13          [(e)]  An individual may at any time revoke a [the] statement

20-14    executed under Subsection (a) or (b).  Revocation of an executed

20-15    statement must be in writing in the manner prescribed by the

20-16    department.

20-17          [(f)  The department or an officer or employee of the

20-18    department is not liable to a person damaged or injured by the

20-19    disclosure of information to which public access is restricted

20-20    under this section.]

20-21          SECTION 12.  Subsection (a), Section 521.053, Transportation

20-22    Code, is amended to read as follows:

20-23          (a)  The department may provide to any person the information

20-24    specified by Section 521.045, 521.046, or 521.047 and by Section

20-25    601.022, for the fee required by those sections, that relate to the

 21-1    holder of or applicant for a commercial driver's license under

 21-2    Chapter 522 if the person is eligible to receive the information

 21-3    under Chapter 730.

 21-4          SECTION 13.  Section 550.065, Transportation Code, is amended

 21-5    to read as follows:


 21-7    INFORMATION RELATING TO ACCIDENTS.  (a)  This section applies only

 21-8    to information that is held by the department or another

 21-9    governmental entity and relates to a motor vehicle accident,

21-10    including:

21-11                (1)  information reported under this chapter, Section

21-12    601.004, or Chapter 772, Health and Safety Code;

21-13                (2)  information contained in a dispatch log, towing

21-14    record, or a record of a 9-1-1 service provider; and

21-15                (3)  the part of any other record that includes

21-16    information relating to the date of the accident, the name of any

21-17    person involved in the accident, or the specific location of the

21-18    accident [An accident report prepared by a peace officer and

21-19    submitted to the department after January 1, 1970, is a public

21-20    record open for inspection].

21-21          (b)  Except as provided by Subsection (c), the information is

21-22    privileged and for the confidential use of:

21-23                (1)  the department; and

21-24                (2)  an agency of the United States, this state, or a

21-25    local government of this state that has use for the information for

 22-1    accident prevention purposes.

 22-2          (c)  On written request and payment of any required fee, the

 22-3    department or the governmental entity shall release the information

 22-4    to:

 22-5                (1)  an entity described by Subsection (b);

 22-6                (2)  the law enforcement agency that employs the peace

 22-7    officer who investigated the accident and sent the information to

 22-8    the department;

 22-9                (3)  the court in which a case involving a person

22-10    involved in the accident is pending if the report is subpoenaed; or

22-11                (4)  a person who provides the department or

22-12    governmental entity with the name of any person involved in the

22-13    accident and one or more of the following:

22-14                      (A)  the date of the accident; or

22-15                      (B)  the specific address or the highway or

22-16    street where the accident occurred.

22-17          (d)  The department or governmental entity shall request

22-18    information on a written form adopted by the department or the

22-19    entity to determine whether the person or entity requesting the

22-20    information is entitled to receive the information under Subsection

22-21    (c).

22-22          (e)  [On written request and payment of the required fee, the

22-23    department or a law enforcement agency shall provide a copy of a

22-24    peace officer's report that may be released under this section.]

22-25          [(c)]  The fee for a copy of the peace officer's report is

 23-1    $4.  The copy may be certified by the department or a law

 23-2    enforcement agency for an additional fee of $2.  The department may

 23-3    issue a certification that no report is on file for a fee of $4.

 23-4          (f)  If the person or entity requesting the information is

 23-5    entitled to receive the information under Subsection (c),

 23-6    Subchapter F, Chapter 552, Government Code, applies in connection

 23-7    with:

 23-8                (1)  making the information available to that person or

 23-9    entity if the information exists in a paper record;

23-10                (2)  providing that person or entity access to the

23-11    information if the information exists in an electronic medium or in

23-12    an electronic form; and

23-13                (3)  providing a copy of the information to that person

23-14    or entity.

23-15          SECTION 14.  Subsection (a), Section 601.022, Transportation

23-16    Code, is amended to read as follows:

23-17          (a)  The department, on request and receipt of the required

23-18    fee, shall provide any person a certified abstract of the record of

23-19    conviction of a person subject to this chapter for violation of a

23-20    law relating to the operation of a motor vehicle or the record of

23-21    any injury or damage caused by the person's operation of a motor

23-22    vehicle if the requestor is eligible to receive the information

23-23    under Chapter 730.

23-24          SECTION 15.  (a)  This Act takes effect September 1, 1997.

23-25          (b)  No later than January 1, 1998, each agency of this state

 24-1    that on September 1, 1997, compiles or maintains motor vehicle

 24-2    records shall adopt rules to implement the procedures described by

 24-3    Paragraph (K), Subdivision (2), Subsection (a), Section 730.007,

 24-4    Transportation Code, as added by this Act.  An agency of this state

 24-5    that after September 1, 1997, begins to compile or maintain motor

 24-6    vehicle records shall adopt rules to implement the procedures

 24-7    described by Paragraph (K), Subdivision (2), Subsection (a),

 24-8    Section 730.007, Transportation Code, as added by this Act, no

 24-9    later than the 121st day after the date that the agency begins to

24-10    compile or maintain motor vehicle records.

24-11          SECTION 16.  (a)  In addition to the substantive changes made

24-12    by this Act, this Act conforms Section 550.065, Transportation

24-13    Code, to Section 1, Chapter 894, Acts of the 74th Legislature,

24-14    1995.

24-15          (b)  Section 1, Chapter 894, Acts of the 74th Legislature,

24-16    1995, is repealed.

24-17          (c)  To the extent of any conflict, this Act prevails over

24-18    another Act of the 75th Legislature, Regular Session, 1997,

24-19    relating to nonsubstantive additions to and corrections in enacted

24-20    codes.

24-21          SECTION 17.  The importance of this legislation and the

24-22    crowded condition of the calendars in both houses create an

24-23    emergency and an imperative public necessity that the

24-24    constitutional rule requiring bills to be read on three several

24-25    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1069 passed the Senate on

         May 1, 1997, by the following vote:  Yeas 31, Nays 0; and that the

         Senate concurred in House amendment on May 29, 1997, by a viva-voce



                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1069 passed the House, with

         amendment, on May 27, 1997, by a non-record vote.


                                                 Chief Clerk of the House