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.


 1-5           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.



2-18     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.


3-20     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.


6-19     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.


7-10     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.