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. 1-61 * * * * *