By: Lucio S.B. No. 1204
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the disclosure by the Texas Department of
1-2 Transportation of information pertaining to persons who subscribe
1-3 to Texas Highways magazine or purchase certain promotional items
1-4 from the department.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 193, Acts of the 56th Legislature,
1-7 Regular Session, 1959 (Article 6144e, Vernon's Texas Civil
1-8 Statutes), is amended by adding Section 4 to read as follows:
1-9 Sec. 4. DISCLOSURE OF TEXAS HIGHWAYS SUBSCRIBER INFORMATION
1-10 OR PURCHASER INFORMATION. (a) Except as provided by this section
1-11 or a rule adopted by the Texas Transportation Commission under this
1-12 section, the Texas Department of Transportation may not disclose to
1-13 any person the name, address, telephone number, social security
1-14 account number, driver's license number, bank account number,
1-15 credit or debit card number, or charge number of a person who:
1-16 (1) is or has been a subscriber to Texas Highways
1-17 magazine; or
1-18 (2) has purchased from the Department a promotional
1-19 item described by Section 3(d) of this article.
1-20 (b) Chapter 552, Government Code, does not apply to
1-21 subscriber or purchaser information described by Subsection (a) of
1-22 this section.
1-23 (c) The Texas Transportation Commission by rule shall
2-1 establish policies relating to:
2-2 (1) the release of subscriber or purchaser
2-3 information;
2-4 (2) the use by the Texas Department of Transportation
2-5 of subscriber and purchaser information; and
2-6 (3) the sale of a mailing list containing the names
2-7 and addresses of subscribers or purchasers.
2-8 (d) The policies must:
2-9 (1) include a method by which a subscriber or
2-10 purchaser may require the Texas Department of Transportation to
2-11 exclude information about the person from a mailing list that is
2-12 sold; and
2-13 (2) provide that subscriber or purchaser information
2-14 be disclosed to an agency of this state or the United States only
2-15 if the agency certifies that the information is necessary for the
2-16 performance of the agency's duties.
2-17 (e) The Texas Department of Transportation is immune from
2-18 civil or criminal liability if the Department commits an
2-19 unintentional violation of this section or a rule adopted under
2-20 this section.
2-21 (f) In this section, a reference to the Texas Department of
2-22 Transportation includes an officer, employee, or agent of the
2-23 Department.
2-24 SECTION 2. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended,
3-4 and that this Act take effect and be in force from and after its
3-5 passage, and it is so enacted.