By Lucio                                        S.B. No. 1204

      75R5324 JD-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the disclosure by the Texas Department of

 1-3     Transportation of information pertaining to persons who subscribe

 1-4     to Texas Highways magazine or purchase certain promotional items

 1-5     from the department.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Chapter 193, Acts of the 56th Legislature,

 1-8     Regular Session, 1959 (Article 6144e, Vernon's Texas Civil

 1-9     Statutes), is amended by adding Section 4 to read as follows:

1-10           Sec. 4.  DISCLOSURE OF TEXAS HIGHWAYS SUBSCRIBER INFORMATION

1-11     OR PURCHASER INFORMATION.  (a)  Except as provided by this section

1-12     or a rule adopted by the Texas Transportation Commission under this

1-13     section, the Texas Department of Transportation may not disclose to

1-14     any person the name, address, telephone number, social security

1-15     account number, driver's license number, bank account number,

1-16     credit or debit card number, or charge number of a person who:

1-17                 (1)  is or has been a subscriber to Texas Highways

1-18     magazine; or

1-19                 (2)  has purchased from the department a promotional

1-20     item described by Section 3(d) of this article.

1-21           (b)  Chapter 552, Government Code, does not apply to

1-22     subscriber or purchaser information described by Subsection (a) of

1-23     this section.

1-24           (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 department of subscriber and

 2-5     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 department to exclude information about

2-11     the person from a mailing list that is sold; and

2-12                 (2)  provide that subscriber or purchaser information

2-13     be disclosed to an agency of this state or the United States only

2-14     if the agency certifies that the information is necessary for the

2-15     performance of the agency's duties.

2-16           (e)  The department is immune from civil or criminal

2-17     liability if the department commits an unintentional violation of

2-18     this section or a rule adopted under this section.

2-19           (f)  In this section, a reference to the department includes

2-20     an officer, employee, or agent of the department.

2-21           SECTION 2.  The importance of this legislation and the

2-22     crowded condition of the calendars in both houses create an

2-23     emergency and an imperative public necessity that the

2-24     constitutional rule requiring bills to be read on three several

2-25     days in each house be suspended, and this rule is hereby suspended,

2-26     and that this Act take effect and be in force from and after its

2-27     passage, and it is so enacted.