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.