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.


1-13           SECTION 1.  Subtitle J, Title 7, Transportation Code, is

1-14     amended by adding Chapter 730 to read as follows:


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.


1-54     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:


5-39     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:


6-19     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:


6-26     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:


7-15     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.

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