76R12290 JD-F
By Hupp, et al. H.B. No. 1296
Substitute the following for H.B. No. 1296:
By Turner of Coleman C.S.H.B. No. 1296
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to disclosure and sale of certain information held by the
1-3 Texas Department of Public Safety and the Texas Department of
1-4 Transportation.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter C, Chapter 521, Transportation Code,
1-7 is amended by adding Sections 521.0415 and 521.0505 to read as
1-8 follows:
1-9 Sec. 521.0415. APPLICATION OF PUBLIC INFORMATION LAW.
1-10 Chapter 552, Government Code, does not apply to information
1-11 contained in the department's driver's license, commercial driver's
1-12 license, and personal identification certificate files. Public
1-13 access to that information is governed by this chapter and Chapter
1-14 730. To the extent of a conflict between this section and Chapter
1-15 552, Government Code, this section controls.
1-16 Sec. 521.0505. SALE OF PHOTOGRAPHS. The department may not
1-17 sell a photograph or a duplicate of a photograph taken of a person
1-18 by the department in connection with the issuance of a driver's
1-19 license or a personal identification certificate to the person
1-20 unless the person depicted in the photograph consents to the sale.
1-21 SECTION 2. Subchapter C, Chapter 522, Transportation Code,
1-22 is amended by adding Section 522.033 to read as follows:
1-23 Sec. 522.033. SALE OF PHOTOGRAPHS. The department may not
1-24 sell a photograph or a duplicate of a photograph taken of a person
2-1 by the department in connection with the issuance of a commercial
2-2 driver's license to the person unless the person depicted in the
2-3 photograph consents to the sale.
2-4 SECTION 3. Section 730.004, Transportation Code, is amended
2-5 to read as follows:
2-6 Sec. 730.004. PROHIBITION ON DISCLOSURE AND USE OF PERSONAL
2-7 INFORMATION FROM MOTOR VEHICLE RECORDS. Notwithstanding any other
2-8 provision of law to the contrary, including Chapter 552, Government
2-9 Code, except as provided by Sections 730.005-730.007
2-10 [730.005-730.008], an agency may not disclose personal information
2-11 about any person obtained by the agency in connection with a motor
2-12 vehicle record.
2-13 SECTION 4. Section 730.007(a), Transportation Code, is
2-14 amended to read as follows:
2-15 (a) Personal information obtained by an agency in connection
2-16 with a motor vehicle record may be disclosed to any requestor by an
2-17 agency only if the requestor:
2-18 (1) provides the requestor's name and address and any
2-19 proof of that information required by the agency; [and]
2-20 (2) represents that the use of the personal
2-21 information will be strictly limited to:
2-22 (A) use by:
2-23 (i) a government agency, including any
2-24 court or law enforcement agency, in carrying out its functions; or
2-25 (ii) a private person or entity acting on
2-26 behalf of a government agency in carrying out the functions of the
2-27 agency;
3-1 (B) use in connection with a matter of:
3-2 (i) motor vehicle or motor vehicle
3-3 operator safety;
3-4 (ii) motor vehicle theft;
3-5 (iii) motor vehicle product alterations,
3-6 recalls, or advisories;
3-7 (iv) performance monitoring of motor
3-8 vehicles, motor vehicle parts, or motor vehicle dealers;
3-9 (v) motor vehicle market research
3-10 activities, including survey research; or
3-11 (vi) removal of nonowner records from the
3-12 original owner records of motor vehicle manufacturers;
3-13 (C) use in the normal course of business by a
3-14 legitimate business or an agent, employee, or contractor of the
3-15 business, but only:
3-16 (i) to verify the accuracy of personal
3-17 information submitted by the individual to the business or an
3-18 agent, employee, or contractor of the business; and
3-19 (ii) if the information as submitted is
3-20 not correct or is no longer correct, to obtain the correct
3-21 information, for the sole purpose of preventing fraud by, pursuing
3-22 a legal remedy against, or recovering on a debt or security
3-23 interest against the individual;
3-24 (D) use in conjunction with a civil, criminal,
3-25 administrative, or arbitral proceeding in any court or government
3-26 agency or before any self-regulatory body, including service of
3-27 process, investigation in anticipation of litigation, execution or
4-1 enforcement of a judgment or order, or under an order of any court;
4-2 (E) use in research or in producing statistical
4-3 reports, but only if the personal information is not published,
4-4 redisclosed, or used to contact any individual;
4-5 (F) use by an insurer or insurance support
4-6 organization, or by a self-insured entity, or an agent, employee,
4-7 or contractor of the entity, in connection with claims
4-8 investigation activities, antifraud activities, rating, or
4-9 underwriting;
4-10 (G) use in providing notice to an owner of a
4-11 towed or impounded vehicle;
4-12 (H) use by a licensed private investigator
4-13 agency or licensed security service for a purpose permitted under
4-14 this section;
4-15 (I) use by an employer or an agent or insurer of
4-16 the employer to obtain or verify information relating to a holder
4-17 of a commercial driver's license that is required under 49 U.S.C.
4-18 Chapter 313;
4-19 (J) use in connection with the operation of a
4-20 private toll transportation facility;
4-21 (K) use for bulk distribution for surveys,
4-22 marketing, or solicitations, but only if the agency has implemented
4-23 procedures to ensure that:
4-24 (i) persons are provided an opportunity,
4-25 in a clear and conspicuous manner, to opt out and prohibit those
4-26 uses; and
4-27 (ii) the information will be used, rented,
5-1 or sold solely for bulk distribution for surveys, marketing, or
5-2 solicitations, and that surveys, marketing, or solicitations will
5-3 not be directed at any individual who has timely requested that the
5-4 material not be directed at that individual; and
5-5 (L) use for any other purpose specifically
5-6 authorized by law that relates to the operation of a motor vehicle
5-7 or to public safety; and
5-8 (3) pays a fee of $5 for personal information that is
5-9 contained in an individual record and requested for a purpose
5-10 described by Subdivision (2)(C), (2)(E), (2)(F), (2)(J), or (2)(K).
5-11 SECTION 5. Sections 730.008, 730.009, and 730.013,
5-12 Transportation Code, are repealed.
5-13 SECTION 6. The importance of this legislation and the
5-14 crowded condition of the calendars in both houses create an
5-15 emergency and an imperative public necessity that the
5-16 constitutional rule requiring bills to be read on three several
5-17 days in each house be suspended, and this rule is hereby suspended,
5-18 and that this Act take effect and be in force from and after its
5-19 passage, and it is so enacted.