SRC-SEW H.B. 1544 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1544
By: Uher (Moncrief)
State Affairs
5/9/2001
Engrossed


DIGEST AND PURPOSE 

The federal Driver's Privacy Protection Act (Act) sets forth provisions for
all states regarding the release and use of personal information from state
motor vehicle records and prohibitions against the release and use of such
information. One provision of the Act allows personal information, if an
individual consents, to be made available for release to bulk distributors,
marketing systems, researchers for statistical information, or employers or
insurers of employers to obtain or verify information relating to a holder
of a commercial driver's license. H.B. 1544 takes the provisions set forth
by the Act a step further by eliminating the sale of records for such
purposes and addresses enforcement of resale or redisclosure of personal
information.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 521.050(b)-(d), Transportation Code, as follows:

(b)  Deletes existing Subsection (b).  Redesignates existing Subsection (c)
as Subsection (b).  
 
(c)  Requires the Department of Public Safety (department) to impose and
collect a certain fee.   
 
  Deletes existing Subsection (d).  

SECTION 2.  Amends Section 521.052, Transportation Code, as follows:
 
Sec. 521.052.  DISCLOSURE OF INDIVIDUAL INFORMATION PROHIBITED. Prohibits
the department, except as provided by Sections 521.045, 521.046,
521.049(c), 521.050, and 601.022, and by Chapter 730, from disclosing
information from the department's files that relates to personal
information, as that term is defined by Section 730.003.  Deletes existing
Subsections (b) - (c).   

SECTION 3.  Amends Section 550.065, Transportation Code, as follows:

Sec. 550.065.  New heading:  RELEASE OF CERTAIN INFORMATION RELATING TO
ACCIDENTS. (a) Provides that this section applies only to information that
is held by the department or another governmental entity and relates to a
motor vehicle accident reported under this chapter or Section 601.004. 

  (b)  No change. 

 (c)  Requires the department or the governmental entity, on written
request and payment of any required fee, to release the information to
certain entities.   
  
(d)  Deletes existing subsection (d).  Redesignates existing Subsection (e)
as Subsection (d).  Provides that the fee for a copy of the report or
accident information is $10 or the actual cost of the preparation of the
copy, whichever is greater (rather than $4). Deletes text regarding peace
officers. Authorizes the copy to be certified by the department or the
governmental entity (rather than a law enforcement agency) for an
additional fee of $5 (rather than $2).  Authorizes the department or the
governmental entity to issue a certification that no report or information
is on file for a fee of $10 (rather than $4).   

  Deletes existing Subsection (f).  
 
SECTION 4.  Amends Sections 730.003(1), (4), and (6), Transportation Code,
to redefine "agency," "motor vehicle record," and "personal information,"
respectively.   

SECTION 5.  Amends Sections 730.004, 730.007, and 730.013, Transportation
Code, as follows: 

Sec. 730.004.  Replaces the text " Sections 730.005-730.008" with "Sections
730.005-730.007."  

Sec. 730.007.     PERMITTED DISCLOSURES. (a) Authorizes personal
information obtained by an agency in connection with a motor vehicle record
to be disclosed to any requestor by an agency if the requestor meets
certain requirements.   
  
  (b)  No change. 

(c)  Provides that this section does not prohibit the disclosure of a
person's photographic image to certain entities or prevent a court from
compelling by subpoena the production of a person's photographic image. 

(d)  Requires personal information obtained by an agency in connection with
a motor vehicle record to be disclosed to a requestor by an agency if the
requestor meets certain requirements.   
  
(e)  Requires the agency, if it determines that the requestor intends to
use personal information requested under Subsection (d) only for the
represented purpose, to release to the requestor any requested personal
information in the motor vehicle record. 
 
Sec. 730.013.  (a) Prohibits an authorized recipient of personal
information from reselling or redisclosing the personal information in the
identical or a substantially identical format the personal information was
disclosed to the recipient by the applicable agency. 

(b)  Redesignates existing Subsection (a) as Subsection (b).  Makes
nonsubstantive changes.  Deletes text regarding a recipient under Section
730.007(a)(2)(K)(ii) or Section 730.008 and text referencing a use
described by Section 730.007(a)(2)(K)(ii).  Authorizes an authorized
recipient of personal information to resell or redisclose the information
only for a use permitted under Section 730.007.  Deletes existing
Subsection (b).   

(c)  Deletes existing Subsection (c).  Redesignates existing Subsection (d)
as Subsection (c).  Requires any authorized recipient who resells or
rediscloses personal information obtained from an agency to be required by
that agency to provide copies of those records to (rather than make those
records available for inspection by) the  agency on request. 

(d)  Provides that a person commits an offense that is a misdemeanor
punishable by a fine not to exceed $25,000 if the person violates this
section.  

SECTION 6.  Amends Chapter 730, Transportation Code, by adding Section
730.016, as follows: 

Sec. 730.016.  INELIGIBILITY OF CERTAIN PERSONS TO RECEIVE PERSONAL
INFORMATION. Provides that a person who is convicted of an offense under
this chapter, or who violates a rule adopted by an agency relating to the
terms or conditions for a release of personal information to the person, is
ineligible to receive personal information under Section 730.007.  Sets
forth conditions under which a person is considered to have been convicted
in a case for purposes of this section. 
 
SECTION 7.  Repealers from the Transportation Code:  Sections 730.008 and
730.009, and Chapter 731.   
  
SECTION 8. (a) Effective date:  September 1, 2001.  

(b) Makes application of Sections 521.050 and 521.052, Transportation Code,
as amended by this Act, prospective regarding the disclosure by the Texas
Department of Public Safety of driver's license information in response to
a request for the information that is made on or after the effective date
of this Act.    

(c) Makes application of Section 550.065, Transportation Code, as amended
by this Act, prospective regarding a a motor vehicle accident in response
to a request for that information that is made on or after the effective
date of this Act.  

(d)  Makes application of Sections 730.004, 730.007, and 730.013,
Transportation Code, as amended by this Act, prospective regarding the
disclosure by an agency or political subdivision of this state, or an agent
of an agency or political subdivision, of personal information in response
to a request for the information that is made on or after the effective
date of this Act.  

(e)  Makes application of Section 730.016, Transportation Code, as added by
this Act, prospective regarding a person convicted of an offense on or
after the effective date of this Act. 

(f)  Provides that the repeal by this Act of Chapter 731, Transportation
Code, does not affect a civil action instituted under Section 731.005 of
that chapter before the effective date of this Act. Provides that a civil
action instituted under that section before the effective date of this Act
is governed by Chapter 731 of that code as it existed immediately before
the effective date of this Act.