HBA-KDB H.B. 1544 77(R)    HBA-KDB H.B. 1544 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1544
By: Uher
State Affairs
77/19/2001
Enrolled



BACKGROUND 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
to obtain or verify information relating to a holder of a commercial
driver's license.   House Bill 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,
and provides that a person commits a Class B misdemeanor if the person uses
accident information for pecuniary gain. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1544 amends the Penal Code to provide that a person commits a
Class B misdemeanor  if the person obtains accident information from the
Department of Public Safety (DPS) or other governmental entity and the
information is subsequently used for the direct solicitation of business or
employment for pecuniary gain by the person, an agent or employee of the
person, or the person on whose behalf the information was requested.  The
bill provides that a person who employs or engages another to obtain
accident information from DPS or other governmental entity commits a Class
B misdemeanor if the person subsequently uses the information for direct
solicitation of business or employment for pecuniary gain (Sec. 38.18). 

The bill removes the provision that a magnetic tape provided to a purchaser
of information is authorized to contain only the names, addresses, and
dates of birth of individuals who have not prohibited the disclosure of
personal information.   The bill requires DPS to impose and collect a fee
of $2,000 for each magnetic tape of all personal driver's license
information provided to an eligible purchaser and, if DPS provides a weekly
update of the information on the tape, $75 for each update. The bill
removes the provision that a purchaser of the information must agree to
delete the name, address, and date of birth of an individual whose name is
also included on the mail or telephone preference list maintained by a
recognized trade association that is used to remove the name of an
individual who has requested that the individual's name not be made
available for solicitation purposes  (Sec. 521.050). 

The bill adds, to the exceptions of information that DPS is prohibited from
disclosing, the requirement that DPS provide any person eligible to receive
such information a certified abstract of the record of conviction of a
person for violation of a law relating to the operation of a motor vehicle
or the record of any injury or damage caused by the person's operation of a
motor vehicle (Sec. 521.052). 

The bill provides that a release of information to persons eligible to
receive information under the  Motor Vehicle Records Disclosure Act occurs
each time a query is made of the interactive system (Sec. 521.055). 
 
The bill requires the release of the information if the requestor can
provide two or more specified facts relating to an accident.  The bill
removes the provision requiring DPS or a governmental entity to request the
information on a written form adopted by DPS or the entity to determine
whether the person or entity requesting the information is entitled to
receive the information.  The bill increases from $4 to $6 or the actual
cost of preparation, whichever is less, the fee for a copy of the vehicle
accident report or accident information (Sec. 550.065).   

The bill adds political subdivision to the definition of an "agency."  The
bill also excludes the accident report from the definition of  "motor
vehicle record," and excludes information contained in a report from the
definition of "personal information" (Sec. 730.003). 

The bill provides that personal information obtained by an agency in
connection with a motor vehicle record may be disclosed to any requestor by
an agency if the requestor represents that the use of the personal
information will be strictly limited to use by a consumer reporting agency,
as defined by the federal Fair Credit Reporting Act, for a purpose
permitted under that Act.   The bill specifies that its provisions do not
prohibit the disclosure of a person's photographic image to a law
enforcement agency or a criminal justice agency for an official purpose or
an agency of this state investigating an alleged violation of a state or
federal law relating to the obtaining, selling, or purchasing of a benefit
authorized by a financial and service or nutritional assistance program, or
prevent a court from compelling by subpoena the production of a person's
photographic image.  The bill 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 provides the requestor's name and
address and any proof of that information required by the agency and
represents that the intent of the requestor is to use personal information
in the motor vehicle record only for the purpose of preventing, detecting,
or protecting against personal identity theft or other acts of fraud and
provides any proof of the requestor's intent required by the agency (Sec.
730.007).   

The bill 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.  The bill authorizes an authorized
recipient of personal information to resell or redisclose the information
only for the uses permitted by the provisions of permitted disclosure.  The
bill provides that it is a misdemeanor punishable by a fine not to exceed
$25,000 if a person violates the provisions regarding resale or
redisclosure  (Sec. 730.013). 

The bill provides that a person who is convicted of an offense under the
Motor Vehicle Records Disclosure Act, 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.
A person is considered to have been convicted in a case if a sentence is
imposed, the defendant receives probation or deferred adjudication, or the
court defers final disposition of the case (Sec. 730.016). 

EFFECTIVE DATE

September 1, 2001.