1-1 By: Moncrief S.B. No. 1069
1-2 (In the Senate - Filed March 10, 1997; March 12, 1997, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 22, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 12, Nays 0; April 22, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1069 By: Luna
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the release and use of certain personal information
1-11 from motor vehicle records; providing a criminal penalty.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subtitle J, Title 7, Transportation Code, is
1-14 amended by adding Chapter 730 to read as follows:
1-15 CHAPTER 730. MOTOR VEHICLE RECORDS DISCLOSURE ACT
1-16 Sec. 730.001. SHORT TITLE. This chapter may be cited as the
1-17 Motor Vehicle Records Disclosure Act.
1-18 Sec. 730.002. PURPOSE. The purpose of this chapter is to
1-19 implement 18 U.S.C. Chapter 123 and to protect the interest of an
1-20 individual in the individual's personal privacy by prohibiting the
1-21 disclosure and use of personal information contained in motor
1-22 vehicle records, except as authorized by the individual or by law.
1-23 Sec. 730.003. DEFINITIONS. In this chapter:
1-24 (1) "Agency" includes any agency of this state, or an
1-25 authorized agent or contractor of an agency of this state, that
1-26 compiles or maintains motor vehicle records.
1-27 (2) "Disclose" means to make available or make known
1-28 personal information contained in a motor vehicle record about a
1-29 person to another person, by any means of communication.
1-30 (3) "Individual record" means a motor vehicle record
1-31 obtained by an agency containing personal information about an
1-32 individual who is the subject of the record as identified in a
1-33 request.
1-34 (4) "Motor vehicle record" means a record that
1-35 pertains to a motor vehicle operator's or driver's license or
1-36 permit, motor vehicle registration, motor vehicle title, or
1-37 identification document issued by an agency of this state or a
1-38 local agency authorized to issue an identification document. The
1-39 term does not include a record that pertains to a motor carrier.
1-40 (5) "Person" means an individual, organization, or
1-41 entity but does not include this state or an agency of this state.
1-42 (6) "Personal information" means information that
1-43 identifies a person, including an individual's photograph or
1-44 computerized image, social security number, driver identification
1-45 number, name, address, but not the zip code, telephone number, and
1-46 medical or disability information. The term does not include
1-47 information on vehicle accidents, driving or equipment-related
1-48 violations, or driver's license or registration status.
1-49 (7) "Record" includes any book, paper, photograph,
1-50 photostat, card, film, tape, recording, electronic data, printout,
1-51 or other documentary material regardless of physical form or
1-52 characteristics.
1-53 Sec. 730.004. PROHIBITION ON DISCLOSURE AND USE OF PERSONAL
1-54 INFORMATION FROM MOTOR VEHICLE RECORDS. Notwithstanding any other
1-55 provision of law to the contrary, including Chapter 552, Government
1-56 Code, except as provided by Sections 730.005-730.008, an agency may
1-57 not disclose personal information about any person obtained by the
1-58 agency in connection with a motor vehicle record.
1-59 Sec. 730.005. REQUIRED DISCLOSURE. Personal information
1-60 obtained by an agency in connection with a motor vehicle record
1-61 shall be disclosed for use in connection with any matter of:
1-62 (1) motor vehicle or motor vehicle operator safety;
1-63 (2) motor vehicle theft;
1-64 (3) motor vehicle emissions;
2-1 (4) motor vehicle product alterations, recalls, or
2-2 advisories;
2-3 (5) performance monitoring of motor vehicles or motor
2-4 vehicle dealers by a motor vehicle manufacturer; or
2-5 (6) removal of nonowner records from the original
2-6 owner records of a motor vehicle manufacturer to carry out the
2-7 purposes of:
2-8 (A) the Automobile Information Disclosure Act,
2-9 15 U.S.C. Section 1231 et seq.;
2-10 (B) 49 U.S.C. Chapters 301, 305, 323, 325, 327,
2-11 329, and 331;
2-12 (C) the Anti Car Theft Act of 1992, 18 U.S.C.
2-13 Sections 553, 981, 982, 2119, 2312, 2313, and 2322, 19 U.S.C.
2-14 Sections 1646b and 1646c, and 42 U.S.C. Section 3750a et seq., all
2-15 as amended;
2-16 (D) the Clean Air Act, 42 U.S.C. Section 7401 et
2-17 seq., as amended; and
2-18 (E) any other statute or regulation enacted or
2-19 adopted under or in relation to a law included in Paragraphs
2-20 (A)-(D).
2-21 Sec. 730.006. REQUIRED DISCLOSURE WITH CONSENT. Personal
2-22 information obtained by an agency in connection with a motor
2-23 vehicle record shall be disclosed to a requestor who demonstrates,
2-24 in such form and manner as the agency requires, that the requestor
2-25 has obtained the written consent of the person who is the subject
2-26 of the information.
2-27 Sec. 730.007. PERMITTED DISCLOSURES. (a) Personal
2-28 information obtained by an agency in connection with a motor
2-29 vehicle record may be disclosed to any requestor by an agency if
2-30 the requestor:
2-31 (1) provides the requestor's name and address and any
2-32 proof of that information required by the agency; and
2-33 (2) represents that the use of the personal
2-34 information will be strictly limited to:
2-35 (A) use by:
2-36 (i) a government agency, including any
2-37 court or law enforcement agency, in carrying out its functions; or
2-38 (ii) a private person or entity acting on
2-39 behalf of a government agency in carrying out the functions of the
2-40 agency;
2-41 (B) use in connection with a matter of:
2-42 (i) motor vehicle or motor vehicle
2-43 operator safety;
2-44 (ii) motor vehicle theft;
2-45 (iii) motor vehicle product alterations,
2-46 recalls, or advisories;
2-47 (iv) performance monitoring of motor
2-48 vehicles, motor vehicle parts, or motor vehicle dealers;
2-49 (v) motor vehicle market research
2-50 activities, including survey research; or
2-51 (vi) removal of nonowner records from the
2-52 original owner records of motor vehicle manufacturers;
2-53 (C) use in the normal course of business by a
2-54 legitimate business or an agent, employee, or contractor of the
2-55 business, but only:
2-56 (i) to verify the accuracy of personal
2-57 information submitted by the individual to the business or an
2-58 agent, employee, or contractor of the business; and
2-59 (ii) if the information as submitted is
2-60 not correct or is no longer correct, to obtain the correct
2-61 information, for the sole purpose of preventing fraud by, pursuing
2-62 a legal remedy against, or recovering on a debt or security
2-63 interest against the individual;
2-64 (D) use in conjunction with a civil, criminal,
2-65 administrative, or arbitral proceeding in any court or government
2-66 agency or before any self-regulatory body, including service of
2-67 process, investigation in anticipation of litigation, execution or
2-68 enforcement of a judgment or order, or under an order of any court;
2-69 (E) use in research or in producing statistical
3-1 reports, but only if the personal information is not published,
3-2 redisclosed, or used to contact any individual;
3-3 (F) use by an insurer or insurance support
3-4 organization, or by a self-insured entity, or an agent, employee,
3-5 or contractor of the entity, in connection with claims
3-6 investigation activities, antifraud activities, rating, or
3-7 underwriting;
3-8 (G) use in providing notice to an owner of a
3-9 towed or impounded vehicle;
3-10 (H) use by a licensed private investigator
3-11 agency or licensed security service for a purpose permitted under
3-12 this section;
3-13 (I) use by an employer or an agent or insurer of
3-14 the employer to obtain or verify information relating to a holder
3-15 of a commercial driver's license that is required under 49 U.S.C.
3-16 Chapter 313;
3-17 (J) use in connection with the operation of a
3-18 private toll transportation facility;
3-19 (K) use for bulk distribution for surveys,
3-20 marketing, or solicitations, but only if the agency has implemented
3-21 procedures to ensure that:
3-22 (i) persons are provided an opportunity,
3-23 in a clear and conspicuous manner, to opt out and prohibit those
3-24 uses; and
3-25 (ii) the information will be used, rented,
3-26 or sold solely for bulk distribution for surveys, marketing, or
3-27 solicitations, and that surveys, marketing, or solicitations will
3-28 not be directed at any individual who has timely requested that the
3-29 material not be directed at that individual; and
3-30 (L) use for any other purpose specifically
3-31 authorized by law that relates to the operation of a motor vehicle
3-32 or to public safety.
3-33 (b) The only personal information an agency may release
3-34 under this section is the individual's:
3-35 (1) name and address;
3-36 (2) date of birth; and
3-37 (3) driver's license number.
3-38 Sec. 730.008. DISCLOSURE OF INDIVIDUAL RECORD.
3-39 (a) Personal information obtained by an agency in connection with
3-40 a motor vehicle record that is contained in an individual record
3-41 may be disclosed to a requestor without regard to intended use if
3-42 the Department of Public Safety has:
3-43 (1) provided, in a clear and conspicuous manner on
3-44 forms for issuance or renewal of an operator's or driver's license,
3-45 registration, title, or identification document, notice that
3-46 personal information collected by the Department of Public Safety
3-47 may be disclosed to any person making a request for an individual
3-48 record; and
3-49 (2) provided in a clear and conspicuous manner on that
3-50 form an opportunity for each person who is the subject of the
3-51 record to prohibit that disclosure.
3-52 (b) An agency may include the notice described by Subsection
3-53 (a)(1) on forms used by members of the general public.
3-54 Sec. 730.009. REQUESTS TO PROHIBIT DISCLOSURE. Each agency
3-55 shall distinguish between a request by a person under Section
3-56 730.008 to prohibit disclosure of personal information in the
3-57 person's individual record and a request under Section
3-58 730.007(a)(2)(K) by a person to prohibit disclosure of that
3-59 information.
3-60 Sec. 730.010. DISCLOSURE OF THUMB OR FINGER IMAGES
3-61 PROHIBITED. Notwithstanding any other provision of this chapter,
3-62 if an agency obtains an image of an individual's thumb or finger in
3-63 connection with the issuance of a license, permit, or certificate
3-64 to the individual, the agency may:
3-65 (1) use the image only in connection with the issuance
3-66 of the license, permit, or certificate; and
3-67 (2) disclose the image only if disclosure is expressly
3-68 authorized by law.
3-69 Sec. 730.011. FEES. Unless a fee is imposed by law, an
4-1 agency that has obtained information in connection with a motor
4-2 vehicle may adopt reasonable fees for disclosure of that personal
4-3 information under this chapter.
4-4 Sec. 730.012. ADDITIONAL CONDITIONS. (a) In addition to
4-5 the payment of a fee adopted under Section 730.011, an agency may
4-6 require a requestor to provide reasonable assurance:
4-7 (1) as to the identity of the requestor; and
4-8 (2) that use of the personal information will be only
4-9 as authorized or that the consent of the person who is the subject
4-10 of the information has been obtained.
4-11 (b) An agency may require the requestor to make or file a
4-12 written application in the form and containing any certification
4-13 requirement the agency may prescribe.
4-14 Sec. 730.013. RESALE OR REDISCLOSURE. (a) An authorized
4-15 recipient of personal information, other than a recipient under
4-16 Section 730.007(a)(2)(K)(ii) or Section 730.008, may resell or
4-17 redisclose the information for any use permitted under Section
4-18 730.007, other than a use described by Section
4-19 730.007(a)(2)(K)(ii).
4-20 (b) An authorized recipient of an individual record under
4-21 Section 730.008 may resell or redisclose personal information for
4-22 any purpose.
4-23 (c) An authorized recipient of personal information for bulk
4-24 distribution for surveys, marketing, or solicitations under Section
4-25 730.007(a)(2)(K)(ii) may resell or redisclose personal information
4-26 only in compliance with the terms of that section.
4-27 (d) Any authorized recipient who resells or rediscloses
4-28 personal information obtained from an agency shall be required by
4-29 that agency to:
4-30 (1) maintain for a period of not less than five years
4-31 records as to any person or entity receiving that information and
4-32 the permitted use for which it was obtained; and
4-33 (2) make those records available for inspection by the
4-34 agency on request.
4-35 Sec. 730.014. AGENCY RULES; ORGANIZATION OF RECORDS.
4-36 (a) Each agency may adopt rules to implement and administer this
4-37 chapter.
4-38 (b) An agency that maintains motor vehicle records in
4-39 relation to motor vehicles is not required to also maintain those
4-40 records in relation to the individuals named in those records.
4-41 Sec. 730.015. PENALTY FOR FALSE REPRESENTATION. (a) A
4-42 person who requests the disclosure of personal information from an
4-43 agency's records under this chapter and misrepresents the person's
4-44 identity or who makes a false statement to the agency on an
4-45 application required by the agency under this chapter commits an
4-46 offense.
4-47 (b) An offense under Subsection (a) is a Class A
4-48 misdemeanor.
4-49 SECTION 2. Subsections (d) through (g), Section 411.0201,
4-50 Government Code, are amended to read as follows:
4-51 (d) [The department shall provide an adequate number of
4-52 microfilm readers and printers to allow the public convenient and
4-53 inexpensive access to records created under Subsection (a). The
4-54 department shall index the records alphabetically, by number, by
4-55 subject matter, or by other appropriate references and shall
4-56 provide the index to the public to promote convenient access.]
4-57 [(e)] A photograph, microphotograph, or film of a record
4-58 reproduced under Subsection (a) is equivalent to the original
4-59 record for all purposes, including introduction as evidence in all
4-60 courts and administrative agency proceedings. A certified or
4-61 authenticated copy of such a photograph, microphotograph, or film
4-62 is admissible as evidence equally with the original photograph,
4-63 microphotograph, or film.
4-64 (e) [(f)] The director or an authorized representative may
4-65 certify the authenticity of a photograph, microphotograph, or film
4-66 of a record reproduced under this section and shall charge a fee
4-67 for the certified photograph, microphotograph, or film as provided
4-68 by law.
4-69 (f) [(g)] Certified records shall be furnished to any person
5-1 who is authorized by law to receive them.
5-2 SECTION 3. Subchapter C, Chapter 552, Government Code, is
5-3 amended by adding Section 552.130 to read as follows:
5-4 Sec. 552.130. EXCEPTION: MOTOR VEHICLE RECORDS.
5-5 (a) Information is excepted from the requirements of Section
5-6 552.021 if the information relates to:
5-7 (1) a motor vehicle operator's or driver's license or
5-8 permit issued by an agency of this state;
5-9 (2) a motor vehicle title or registration issued by an
5-10 agency of this state; or
5-11 (3) a personal identification document issued by an
5-12 agency of this state or a local agency authorized to issue an
5-13 identification document.
5-14 (b) Information described by Subsection (a) may be released
5-15 only if, and in the manner, authorized by Chapter 730,
5-16 Transportation Code.
5-17 SECTION 4. Section 552.222, Government Code, is amended by
5-18 amending Subsection (a) and adding Subsection (c) to read as
5-19 follows:
5-20 (a) The officer for public information and the officer's
5-21 agent may not make an inquiry of a requestor except to establish
5-22 proper identification or except as provided by Subsection (b) or
5-23 (c).
5-24 (c) If the information requested relates to a motor vehicle
5-25 record, the officer for public information or the officer's agent
5-26 may require the requestor to provide additional identifying
5-27 information sufficient for the officer or the officer's agent to
5-28 determine whether the requestor is eligible to receive the
5-29 information under Chapter 730, Transportation Code. In this
5-30 subsection, "motor vehicle record" has the meaning assigned that
5-31 term by Section 730.003, Transportation Code.
5-32 SECTION 5. Section 502.008, Transportation Code, is amended
5-33 by adding Subsection (d) to read as follows:
5-34 (d) This section does not authorize the release of
5-35 information that is prohibited from disclosure under Chapter 730.
5-36 SECTION 6. Section 521.045, Transportation Code, is amended
5-37 to read as follows:
5-38 Sec. 521.045. DISCLOSURE OF CERTAIN INFORMATION RELATING TO
5-39 INDIVIDUAL OPERATOR. On receipt of a written request and payment
5-40 of a $4 fee, the department may disclose information relating to an
5-41 individual's date of birth, current license status, and most recent
5-42 address, as shown in the department's records, to a person who:
5-43 (1) is eligible to receive [demonstrates a legitimate
5-44 need for] the information under Chapter 730; and
5-45 (2) submits to the department the individual's
5-46 driver's license number or the individual's full name and date of
5-47 birth.
5-48 SECTION 7. Subsection (a), Section 521.046, Transportation
5-49 Code, is amended to read as follows:
5-50 (a) In addition to the information authorized to be released
5-51 under Section 521.045, on receipt of a written request and payment
5-52 of a $6 fee, the department may disclose that information and
5-53 information regarding each reported traffic law conviction and
5-54 motor vehicle accident in which the individual received a citation,
5-55 by date and location, within the three years preceding the date of
5-56 the request, to a person who:
5-57 (1) is eligible to receive [demonstrates a legitimate
5-58 need for] the information under Chapter 730; and
5-59 (2) submits to the department the individual's
5-60 driver's license number or the individual's full name and date of
5-61 birth.
5-62 SECTION 8. Section 521.050, Transportation Code, is amended
5-63 to read as follows:
5-64 Sec. 521.050. SALE OF LICENSE INFORMATION. (a) In addition
5-65 to the provisions of this subchapter relating to the disclosure of
5-66 driver's license information on an individual, the department may
5-67 provide a purchaser with a magnetic tape of the names, addresses,
5-68 and dates of birth of all license holders that are contained in the
5-69 department's basic driver's license record file if the purchaser
6-1 certifies in writing that the purchaser is eligible to receive the
6-2 information under Chapter 730.
6-3 (b) A magnetic tape provided under this section may contain
6-4 only the names, addresses, and dates of birth of individuals who
6-5 have not prohibited the disclosure of personal information relating
6-6 to those individuals under Section 521.052 and Chapter 730.
6-7 (c) The department may also periodically provide to the
6-8 purchaser of the information any addition to that file.
6-9 (d) [(b)] Before the department may provide information
6-10 under Subsection (a), the purchaser must agree to delete the name,
6-11 address, and date of birth of an individual whose name is also
6-12 included on the mail or telephone preference list maintained by a
6-13 recognized trade association that is used to remove the name of an
6-14 individual who has requested that the individual's name not be made
6-15 available for solicitation purposes.
6-16 SECTION 9. Section 521.051, Transportation Code, is amended
6-17 to read as follows:
6-18 Sec. 521.051. DISCLOSURE OF CERTAIN INFORMATION PROHIBITED.
6-19 The department may not disclose class-type listings from the basic
6-20 driver's license record file to any person except as provided by
6-21 Section 521.049(c), regardless of whether the requestor is eligible
6-22 to receive the information under Chapter 730.
6-23 SECTION 10. Section 521.052, Transportation Code, is amended
6-24 to read as follows:
6-25 Sec. 521.052. DISCLOSURE OF INDIVIDUAL INFORMATION
6-26 PROHIBITED. (a) Except as provided by Sections 521.045, 521.046,
6-27 521.049(c), and 521.050[,] and by Chapter 730 [521.051 and by
6-28 Subsection (d)], the department may not disclose information from
6-29 the department's files that relates to personal information, as
6-30 that term is defined by Section 730.003 [the address of an
6-31 individual if:]
6-32 [(1) the department's files contain a statement
6-33 executed by that individual that restricts public access to the
6-34 information; and]
6-35 [(2) the individual has:]
6-36 [(A) provided the department in writing an
6-37 accurate mailing address, other than a post office box number, in
6-38 the municipality, if any, and county in this state in which the
6-39 individual resides and to which public access is not to be
6-40 restricted;]
6-41 [(B) consented in writing to receive service of
6-42 process under the laws of this state at that alternate address; and]
6-43 [(C) paid to the department a fee of $5, if the
6-44 individual established or changed an alternate address at any time
6-45 other than when the individual renewed the individual's driver's
6-46 license or personal identification certificate].
6-47 (b) The department shall provide written notice to each
6-48 applicant for an original or renewal license or personal
6-49 identification certificate, or a duplicate or corrected license or
6-50 certificate, that the applicant is entitled to prohibit disclosure
6-51 of personal information under Chapter 730 and is entitled to
6-52 execute a statement that prohibits [restricts] public access to
6-53 personal information relating to the [address of the] applicant.
6-54 (c) [An individual who has executed a statement under this
6-55 section shall notify the department of any change in the
6-56 individual's alternate address in writing before the 10th day after
6-57 the date on which the alternate address is changed.]
6-58 [(d) The department is not prohibited under this section
6-59 from disclosing information relating to the address of an
6-60 individual who:]
6-61 [(1) gives the department an inaccurate alternate
6-62 mailing address; or]
6-63 [(2) fails to provide the department with the
6-64 notification required by Subsection (c).]
6-65 [(e)] An individual may at any time revoke a [the] statement
6-66 executed under Subsection (a) or (b). Revocation of an executed
6-67 statement must be in writing in the manner prescribed by the
6-68 department.
6-69 [(f) The department or an officer or employee of the
7-1 department is not liable to a person damaged or injured by the
7-2 disclosure of information to which public access is restricted
7-3 under this section.]
7-4 SECTION 11. Subsection (a), Section 521.053, Transportation
7-5 Code, is amended to read as follows:
7-6 (a) The department may provide to any person the information
7-7 specified by Section 521.045, 521.046, or 521.047 and by Section
7-8 601.022, for the fee required by those sections, that relate to the
7-9 holder of or applicant for a commercial driver's license under
7-10 Chapter 522 if the person is eligible to receive the information
7-11 under Chapter 730.
7-12 SECTION 12. Section 550.065, Transportation Code, is amended
7-13 to read as follows:
7-14 Sec. 550.065. RELEASE OF ACCIDENT REPORTS AND CERTAIN
7-15 INFORMATION RELATING TO ACCIDENTS. (a) This section applies only
7-16 to information that is held by the department or another
7-17 governmental entity and relates to a motor vehicle accident,
7-18 including:
7-19 (1) information reported under this chapter, Section
7-20 601.004, or Chapter 772, Health and Safety Code;
7-21 (2) information contained in a dispatch log, towing
7-22 record, or a record of a 9-1-1 service provider; and
7-23 (3) the part of any other record that includes
7-24 information relating to the date of the accident, the name of any
7-25 person involved in the accident, or the specific location of the
7-26 accident [An accident report prepared by a peace officer and
7-27 submitted to the department after January 1, 1970, is a public
7-28 record open for inspection].
7-29 (b) Except as provided by Subsection (c), the information is
7-30 privileged and for the confidential use of:
7-31 (1) the department; and
7-32 (2) an agency of the United States, this state, or a
7-33 local government of this state that has use for the information for
7-34 accident prevention purposes.
7-35 (c) On written request and payment of any required fee, the
7-36 department or the governmental entity shall release the information
7-37 to:
7-38 (1) an entity described by Subsection (b);
7-39 (2) the law enforcement agency that employs the peace
7-40 officer who investigated the accident and sent the information to
7-41 the department;
7-42 (3) the court in which a case involving a person
7-43 involved in the accident is pending if the report is subpoenaed; or
7-44 (4) a person who provides the department or
7-45 governmental entity with the name of any person involved in the
7-46 accident and one or more of the following:
7-47 (A) the date of the accident; or
7-48 (B) the specific address or the highway or
7-49 street where the accident occurred.
7-50 (d) The department or governmental entity shall request
7-51 information on a written form adopted by the department or the
7-52 entity to determine whether the person or entity requesting the
7-53 information is entitled to receive the information under Subsection
7-54 (c).
7-55 (e) [On written request and payment of the required fee, the
7-56 department or a law enforcement agency shall provide a copy of a
7-57 peace officer's report that may be released under this section.]
7-58 [(c)] The fee for a copy of the peace officer's report is
7-59 $4. The copy may be certified by the department or a law
7-60 enforcement agency for an additional fee of $2. The department may
7-61 issue a certification that no report is on file for a fee of $4.
7-62 (f) If the person or entity requesting the information is
7-63 entitled to receive the information under Subsection (c),
7-64 Subchapter F, Chapter 552, Government Code, applies in connection
7-65 with:
7-66 (1) making the information available to that person or
7-67 entity if the information exists in a paper record;
7-68 (2) providing that person or entity access to the
7-69 information if the information exists in an electronic medium or in
8-1 an electronic form; and
8-2 (3) providing a copy of the information to that person
8-3 or entity.
8-4 SECTION 13. Subsection (a), Section 601.022, Transportation
8-5 Code, is amended to read as follows:
8-6 (a) The department, on request and receipt of the required
8-7 fee, shall provide any person a certified abstract of the record of
8-8 conviction of a person subject to this chapter for violation of a
8-9 law relating to the operation of a motor vehicle or the record of
8-10 any injury or damage caused by the person's operation of a motor
8-11 vehicle if the requestor is eligible to receive the information
8-12 under Chapter 730.
8-13 SECTION 14. (a) This Act takes effect September 1, 1997.
8-14 (b) No later than January 1, 1998, each agency of this state
8-15 that on September 1, 1997, compiles or maintains motor vehicle
8-16 records shall adopt rules to implement the procedures described by
8-17 Paragraph (K), Subdivision (2), Subsection (a), Section 730.007,
8-18 Transportation Code, as added by this Act. An agency of this state
8-19 that after September 1, 1997, begins to compile or maintain motor
8-20 vehicle records shall adopt rules to implement the procedures
8-21 described by Paragraph (K), Subdivision (2), Subsection (a),
8-22 Section 730.007, Transportation Code, as added by this Act, no
8-23 later than the 121st day after the date that the agency begins to
8-24 compile or maintain motor vehicle records.
8-25 SECTION 15. (a) In addition to the substantive changes made
8-26 by this Act, this Act conforms Section 550.065, Transportation
8-27 Code, to Section 1, Chapter 894, Acts of the 74th Legislature,
8-28 1995.
8-29 (b) Section 1, Chapter 894, Acts of the 74th Legislature,
8-30 1995, is repealed.
8-31 (c) To the extent of any conflict, this Act prevails over
8-32 another Act of the 75th Legislature, Regular Session, 1997,
8-33 relating to nonsubstantive additions to and corrections in enacted
8-34 codes.
8-35 SECTION 16. The importance of this legislation and the
8-36 crowded condition of the calendars in both houses create an
8-37 emergency and an imperative public necessity that the
8-38 constitutional rule requiring bills to be read on three several
8-39 days in each house be suspended, and this rule is hereby suspended.
8-40 * * * * *