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.