By Moncrief S.B. No. 1069
75R1333 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the release and use of certain personal information
1-3 from motor vehicle records.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. SHORT TITLE. This Act may be cited as the Motor
1-6 Vehicle Records Disclosure Act.
1-7 SECTION 2. PURPOSE. The purpose of this Act is to implement
1-8 Chapter 123, Title 18, U.S.C., and to protect the interest of an
1-9 individual in the individual's personal privacy by prohibiting the
1-10 disclosure and use of personal information contained in motor
1-11 vehicle records, except as authorized by the individual or by law.
1-12 SECTION 3. DEFINITIONS. In this Act:
1-13 (1) "Agency" includes any agency of this state, or an
1-14 authorized agent or contractor of an agency of this state, that
1-15 compiles or maintains motor vehicle records.
1-16 (2) "Disclose" means to make available or make known
1-17 personal information contained in a motor vehicle record about a
1-18 person to another person, by any means of communication.
1-19 (3) "Individual record" means a motor vehicle record
1-20 containing personal information about a designated person who is
1-21 the subject of the record as identified in a request.
1-22 (4) "Motor vehicle record" means a record that
1-23 pertains to a motor vehicle operator's or driver's license or
1-24 permit, motor vehicle registration, motor vehicle title, or
2-1 identification document issued by an agency of this state or a
2-2 local agency authorized to issue an identification document.
2-3 (5) "Person" means an individual, organization, or
2-4 entity but does not include this state or an agency of this state.
2-5 (6) "Personal information" means information that
2-6 identifies a person, including an individual's photograph or
2-7 computerized image, social security number, driver identification
2-8 number, name, address, but not the zip code, telephone number, and
2-9 medical or disability information. The term does not include
2-10 information on vehicle accidents, driving or equipment-related
2-11 violations, or driver's license or registration status.
2-12 (7) "Record" includes any book, paper, photograph,
2-13 photostat, card, film, tape, recording, electronic data, printout,
2-14 or other documentary material regardless of physical form or
2-15 characteristics.
2-16 SECTION 4. PROHIBITION ON DISCLOSURE AND USE OF PERSONAL
2-17 INFORMATION FROM STATE MOTOR VEHICLE RECORDS. Notwithstanding any
2-18 other provision of law to the contrary, except as provided by
2-19 Sections 5, 6, 7, and 8 of this Act, an agency may not disclose
2-20 personal information about any person obtained by the agency in
2-21 connection with a motor vehicle record.
2-22 SECTION 5. REQUIRED DISCLOSURE. Personal information
2-23 obtained by an agency in connection with a motor vehicle record
2-24 shall be disclosed for use in connection with any matter of:
2-25 (1) motor vehicle or motor vehicle operator safety;
2-26 (2) motor vehicle theft;
2-27 (3) motor vehicle emissions;
3-1 (4) motor vehicle product alterations, recalls, or
3-2 advisories;
3-3 (5) performance monitoring of motor vehicles or motor
3-4 vehicle dealers by a motor vehicle manufacturer; or
3-5 (6) removal of nonowner records from the original
3-6 owner records of a motor vehicle manufacturer to carry out the
3-7 purposes of:
3-8 (A) the Automobile Information Disclosure Act,
3-9 15 U.S.C. 1231 et seq.;
3-10 (B) 49 U.S.C. Chapters 301, 323, 325, 327, 329,
3-11 and 331;
3-12 (C) the Anti-Car Theft Improvements Act of 1996,
3-13 49 U.S.C. Chapter 305;
3-14 (D) the Clean Air Act, 42 U.S.C. 7401 et seq.,
3-15 as amended; and
3-16 (E) any other statute or regulation enacted or
3-17 adopted under or in relation to a law included in Paragraphs
3-18 (A)-(D) of this subdivision.
3-19 SECTION 6. REQUIRED DISCLOSURE WITH CONSENT. Personal
3-20 information obtained by an agency in connection with a motor
3-21 vehicle record shall be disclosed to a requestor who demonstrates,
3-22 in such form and manner as the agency requires, that the requestor
3-23 has obtained the written consent of the person who is the subject
3-24 of the information.
3-25 SECTION 7. PERMITTED DISCLOSURES. Personal information
3-26 obtained by an agency in connection with a motor vehicle record may
3-27 be disclosed to any requestor by an agency if the requestor:
4-1 (1) provides proof of the requestor's identity; and
4-2 (2) represents that the use of the personal
4-3 information will be strictly limited to:
4-4 (A) use by:
4-5 (i) a government agency, including any
4-6 court or law enforcement agency, in carrying out its functions; or
4-7 (ii) a private person or entity acting on
4-8 behalf of a government agency in carrying out the functions of the
4-9 agency;
4-10 (B) use in connection with a matter of:
4-11 (i) motor vehicle or motor vehicle
4-12 operator safety;
4-13 (ii) motor vehicle theft;
4-14 (iii) motor vehicle product alterations,
4-15 recalls, or advisories;
4-16 (iv) performance monitoring of motor
4-17 vehicles, motor vehicle parts, or motor vehicle dealers;
4-18 (v) motor vehicle market research
4-19 activities, including survey research; or
4-20 (vi) removal of nonowner records from the
4-21 original owner records of motor vehicle manufacturers;
4-22 (C) use in the normal course of business by a
4-23 legitimate business or an agent, employee, or contractor of the
4-24 business, but only:
4-25 (i) to verify the accuracy of personal
4-26 information submitted by the individual to the business or an
4-27 agent, employee, or contractor of the business; and
5-1 (ii) if the information as submitted is
5-2 not correct or is no longer correct, to obtain the correct
5-3 information, for the sole purpose of preventing fraud by, pursuing
5-4 a legal remedy against, or recovering on a debt or security
5-5 interest against the individual;
5-6 (D) use in conjunction with a civil, criminal,
5-7 administrative, or arbitral proceeding in any court or government
5-8 agency or before any self-regulatory body, including service of
5-9 process, investigation in anticipation of litigation, execution or
5-10 enforcement of a judgment or order, or pursuant to an order of any
5-11 court;
5-12 (E) use in research or in producing statistical
5-13 reports, but only if the personal information is not published,
5-14 redisclosed, or used to contact any individual;
5-15 (F) use by an insurer or insurance support
5-16 organization, or by a self-insured entity, or an agent, employee,
5-17 or contractor of the entity, in connection with claims
5-18 investigation activities, antifraud activities, rating, or
5-19 underwriting;
5-20 (G) use in providing notice to an owner of a
5-21 towed or impounded vehicle;
5-22 (H) use by a licensed private investigator
5-23 agency or licensed security service for a purpose permitted under
5-24 this section;
5-25 (I) use by an employer or an agent or insurer of
5-26 the employer to obtain or verify information relating to a holder
5-27 of a commercial driver's license that is required under 49 U.S.C.
6-1 Chapter 313;
6-2 (J) use in connection with the operation of a
6-3 private toll transportation facility;
6-4 (K) use for bulk distribution for surveys,
6-5 marketing, or solicitations, but only if the agency has implemented
6-6 procedures to ensure that:
6-7 (i) persons are provided an opportunity,
6-8 in a clear and conspicuous manner, to opt out and prohibit such
6-9 uses; and
6-10 (ii) the information will be used, rented,
6-11 or sold solely for bulk distribution for surveys, marketing, or
6-12 solicitations, and that surveys, marketing, or solicitations will
6-13 not be directed at any individual who has timely requested that the
6-14 material not be directed at that individual; and
6-15 (L) use for any other purpose specifically
6-16 authorized by law that relates to the operation of a motor vehicle
6-17 or to public safety.
6-18 SECTION 8. DISCLOSURE OF INDIVIDUAL RECORD. Personal
6-19 information obtained by an agency in connection with a motor
6-20 vehicle record that is contained in an individual record may be
6-21 disclosed to a requestor without regard to intended use if the
6-22 department has:
6-23 (1) provided, in a clear and conspicuous manner on
6-24 each form for issuance or renewal of an operator or driver license,
6-25 registration, title, or identification document, notice that
6-26 personal information collected by the department may be disclosed
6-27 to any person making a request for an individual record; and
7-1 (2) provided in a clear and conspicuous manner on that
7-2 form an opportunity for each person who is the subject of the
7-3 record to prohibit that disclosure.
7-4 SECTION 9. REQUESTS TO PROHIBIT DISCLOSURE. Each agency
7-5 shall distinguish between a request by a person under Section 8 of
7-6 this Act to prohibit disclosure of personal information in the
7-7 person's individual record and a request under Section 7(2)(K) of
7-8 this Act by a person to prohibit disclosure of that information.
7-9 SECTION 10. DISCLOSURE OF THUMB OR FINGER IMAGES PROHIBITED.
7-10 Notwithstanding any other provision of this Act, if an agency
7-11 obtains an image of an individual's thumb or finger in connection
7-12 with the issuance of a license, permit, or certificate to the
7-13 individual, the agency may:
7-14 (1) use the image only in connection with the issuance
7-15 of the license, permit, or certificate; and
7-16 (2) disclose the image only if disclosure is expressly
7-17 authorized by law.
7-18 SECTION 11. FEES. An agency that has obtained information
7-19 in connection with a motor vehicle may adopt reasonable fees for
7-20 disclosure of that personal information under this Act.
7-21 SECTION 12. ADDITIONAL CONDITIONS. (a) In addition to the
7-22 payment of a fee adopted under Section 11 of this Act, an agency
7-23 may require a requestor to provide reasonable assurance:
7-24 (1) as to the identity of the requestor; and
7-25 (2) that use of the personal information will be only
7-26 as authorized or that the consent of the person who is the subject
7-27 of the information has been obtained.
8-1 (b) An agency may require the requestor to make or file a
8-2 written application in the form and containing any certification
8-3 requirement the agency may prescribe.
8-4 SECTION 13. RESALE OR REDISCLOSURE. (a) An authorized
8-5 recipient of personal information, other than a recipient under
8-6 Section 7(2)(K)(ii) of this Act or Section 8 of this Act, may
8-7 resell or redisclose the information for any use permitted under
8-8 Section 7, other than a use described by Subdivision (2)(K)(ii) of
8-9 that section.
8-10 (b) An authorized recipient of an individual record under
8-11 Section 8 of this Act may resell or redisclose personal information
8-12 for any purpose.
8-13 (c) An authorized recipient of personal information for bulk
8-14 distribution for surveys, marketing, or solicitations under Section
8-15 7(2)(K)(ii) of this Act may resell or redisclose personal
8-16 information only in compliance with the terms of that section.
8-17 (d) Any authorized recipient who resells or rediscloses
8-18 personal information obtained from an agency shall be required by
8-19 that agency to:
8-20 (1) maintain for a period of not less than five years
8-21 records as to any person or entity receiving that information and
8-22 the permitted use for which it was obtained; and
8-23 (2) make those records available for inspection by the
8-24 agency on request.
8-25 SECTION 14. REGULATIONS AND WAIVER PROCEDURE. Each agency
8-26 may adopt rules to implement and administer this Act.
8-27 SECTION 15. PENALTY FOR FALSE REPRESENTATION. (a) A person
9-1 who requests the disclosure of personal information from an
9-2 agency's records under this Act and misrepresents the person's
9-3 identity or who makes a false statement to the agency on an
9-4 application required by the agency under this Act commits an
9-5 offense.
9-6 (b) An offense under Subsection (a) of this section is a
9-7 Class A misdemeanor.
9-8 SECTION 16. EFFECTIVE DATE. (a) This Act takes effect
9-9 September 1, 1997.
9-10 (b) No later than January 1, 1998, each agency of this state
9-11 that on September 1, 1997, compiles or maintains motor vehicle
9-12 records shall adopt rules to implement the procedures described by
9-13 Section 7(2)(K) of this Act. An agency of this state that after
9-14 September 1, 1997, begins to compile or maintain motor vehicle
9-15 records shall adopt rules to implement the procedures described by
9-16 Section 7(2)(K) of this Act no later than the 121st day after the
9-17 date that the agency begins to compile or maintain motor vehicle
9-18 records.
9-19 SECTION 17. EMERGENCY. The importance of this legislation
9-20 and the crowded condition of the calendars in both houses create an
9-21 emergency and an imperative public necessity that the
9-22 constitutional rule requiring bills to be read on three several
9-23 days in each house be suspended, and this rule is hereby suspended.