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.