1-1     By:  Lucio                                            S.B. No. 1204

 1-2           (In the Senate - Filed March 11, 1997; March 17, 1997, read

 1-3     first time and referred to Committee on State Affairs;

 1-4     April 10, 1997, reported favorably by the following vote:  Yeas 13,

 1-5     Nays 0; April 10, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the disclosure by the Texas Department of

 1-9     Transportation of information pertaining to persons who subscribe

1-10     to Texas Highways magazine or purchase certain promotional items

1-11     from the department.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Chapter 193, Acts of the 56th Legislature,

1-14     Regular Session, 1959 (Article 6144e, Vernon's Texas Civil

1-15     Statutes), is amended by adding Section 4 to read as follows:

1-16           Sec. 4.  DISCLOSURE OF TEXAS HIGHWAYS SUBSCRIBER INFORMATION

1-17     OR PURCHASER INFORMATION.  (a)  Except as provided by this section

1-18     or a rule adopted by the Texas Transportation Commission under this

1-19     section, the Texas Department of Transportation may not disclose to

1-20     any person the name, address, telephone number, social security

1-21     account number, driver's license number, bank account number,

1-22     credit or debit card number, or charge number of a person who:

1-23                 (1)  is or has been a subscriber to Texas Highways

1-24     magazine; or

1-25                 (2)  has purchased from the Department a promotional

1-26     item described by Section 3(d) of this article.

1-27           (b)  Chapter 552, Government Code, does not apply to

1-28     subscriber or purchaser information described by Subsection (a) of

1-29     this section.

1-30           (c)  The Texas Transportation Commission by rule shall

1-31     establish policies relating to:

1-32                 (1)  the release of subscriber or purchaser

1-33     information;

1-34                 (2)  the use by the Texas Department of Transportation

1-35     of subscriber and purchaser information; and

1-36                 (3)  the sale of a mailing list containing the names

1-37     and addresses of subscribers or purchasers.

1-38           (d)  The policies must:

1-39                 (1)  include a method by which a subscriber or

1-40     purchaser may require the Texas Department of Transportation to

1-41     exclude information about the person from a mailing list that is

1-42     sold; and

1-43                 (2)  provide that subscriber or purchaser information

1-44     be disclosed to an agency of this state or the United States only

1-45     if the agency certifies that the information is necessary for the

1-46     performance of the agency's duties.

1-47           (e)  The Texas Department of Transportation is immune from

1-48     civil or criminal liability if the Department commits an

1-49     unintentional violation of this section or a rule adopted under

1-50     this section.

1-51           (f)  In this section, a reference to the Texas Department of

1-52     Transportation includes an officer, employee, or agent of the

1-53     Department.

1-54           SECTION 2.  The importance of this legislation and the

1-55     crowded condition of the calendars in both houses create an

1-56     emergency and an imperative public necessity that the

1-57     constitutional rule requiring bills to be read on three several

1-58     days in each house be suspended, and this rule is hereby suspended,

1-59     and that this Act take effect and be in force from and after its

1-60     passage, and it is so enacted.

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