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.