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


Office of House Bill AnalysisC.S.H.B. 1544
By: Uher
State Affairs
4/12/2001
Committee Report (Substituted)



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,
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.   C.S.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

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

C.S.H.B. 1544 amends the Transportation Code to modify provisions relating
to the release of certain personal information from motor vehicle records
and information relating to motor vehicle accident reports. 

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 the Department of Public Safety
(DPS) to impose and collect a fee of $10,000 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, $200
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 authorizes 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 $10 or the actual
cost of preparation, whichever is greater, the fee for a copy of the
vehicle accident report or accident information.  The bill increases from
$2 to $5 the additional fee for the certification of the copy by DPS or
another governmental entity.  The bill increases from $4 to $10 the fee DPS
or the governmental entity may assess for certifying that no report or
information is on file (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 deletes provisions that authorize the disclosure of personal
information from motor vehicle records for use in connection with a matter
involving motor vehicle market research activities, including survey
research, for the purposes of use in research or in producing statistical
reports under certain conditions, for use by an  employer or an agent or
insurer of the employer to obtain or verify information relating to a
holder of a commercial driver's license, for the purpose of bulk
distribution for surveys, marketing, or solicitations, and for any other
purpose specifically authorized by law that relates to the operation of a
motor vehicle or to public safety.  The bill deletes the provision that
authorizes disclosure of information for use by an employee or contractor
of a business for the purpose of verifying personal information.   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 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 same or similar
form 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). 

The bill repeals provisions relating to agency notification to license
holders, vehicle registrants and title holders, and identification card
holders of the possible disclosure of individual records,  requests to
prohibit disclosure, and the disclosure on the Internet of personal
information from motor vehicle records (Secs. 730.008 and 730.009 and
Chapter 731). 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1544 modifies the original to require the Department of Public
Safety (DPS) to impose and collect a fee of $10,000 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, $200 for each update (Sec. 521.050).  The substitute increases from
$4 to $10 or the actual cost of  preparation, whichever is greater, the fee
for a copy of the vehicle accident report or accident information.  The
substitute increases from $2 to $5 the additional fee for the certification
of the copy by DPS or another governmental entity.  The bill increases from
$4 to $10 the fee DPS or the governmental entity may assess for certifying
that no report or information is on file (Sec. 550.065).   
The substitute removes provisions that authorize the disclosure of personal
information from motor vehicle  records for use in connection with a matter
involving motor vehicle market research activities, including survey
research, for the purposes of use in research or in producing statistical
reports under certain conditions, for use by an  employer or an agent or
insurer of the employer to obtain or verify information relating to a
holder of a commercial driver's license, and for any other purpose
specifically authorized by law that relates to the operation of a motor
vehicle or to public safety.  The original only removed provisions that
authorize the disclosure of such personal information only for the purposes
of bulk distribution for surveys, marketing, or solicitations.  The
substitute removes the provision that authorizes disclosure of information
for use by an employee or contractor of a business for the purpose of
verifying personal information.  The substitute 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 substitute prohibits an authorized recipient of personal information
from reselling or redisclosing the personal information in the same or
similar form the personal information was disclosed to the recipient by the
applicable agency.  The substitute modifies the original bill by providing
that it is a misdemeanor punishable by a fine not to exceed $25,000, rather
than a Class A misdemeanor, if a person violates provisions regarding
resale or redisclosure  (Sec. 730.013).