By Hupp H.B. No. 307
77R307 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to disclosure of personal information from motor vehicle
1-3 records.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 730.007(a), Transportation Code, is
1-6 amended to read as follows:
1-7 (a) Personal information obtained by an agency in connection
1-8 with a motor vehicle record may be disclosed to any requestor by an
1-9 agency if the requestor:
1-10 (1) provides the requestor's name and address and any
1-11 proof of that information required by the agency; and
1-12 (2) represents that the use of the personal
1-13 information will be strictly limited to:
1-14 (A) use by:
1-15 (i) a government agency, including any
1-16 court or law enforcement agency, in carrying out its functions; or
1-17 (ii) a private person or entity acting on
1-18 behalf of a government agency in carrying out the functions of the
1-19 agency;
1-20 (B) use in connection with a matter of:
1-21 (i) motor vehicle or motor vehicle
1-22 operator safety;
1-23 (ii) motor vehicle theft;
1-24 (iii) motor vehicle product alterations,
2-1 recalls, or advisories;
2-2 (iv) performance monitoring of motor
2-3 vehicles, motor vehicle parts, or motor vehicle dealers;
2-4 (v) motor vehicle market research
2-5 activities, including survey research; or
2-6 (vi) removal of nonowner records from the
2-7 original owner records of motor vehicle manufacturers;
2-8 (C) use in the normal course of business by a
2-9 legitimate business or an agent, employee, or contractor of the
2-10 business, but only:
2-11 (i) to verify the accuracy of personal
2-12 information submitted by the individual to the business or an
2-13 agent, employee, or contractor of the business; and
2-14 (ii) if the information as submitted is
2-15 not correct or is no longer correct, to obtain the correct
2-16 information, for the sole purpose of preventing fraud by, pursuing
2-17 a legal remedy against, or recovering on a debt or security
2-18 interest against the individual;
2-19 (D) use in conjunction with a civil, criminal,
2-20 administrative, or arbitral proceeding in any court or government
2-21 agency or before any self-regulatory body, including service of
2-22 process, investigation in anticipation of litigation, execution or
2-23 enforcement of a judgment or order, or under an order of any court;
2-24 (E) use in research or in producing statistical
2-25 reports, but only if the personal information is not published,
2-26 redisclosed, or used to contact any individual;
2-27 (F) use by an insurer or insurance support
3-1 organization, or by a self-insured entity, or an agent, employee,
3-2 or contractor of the entity, in connection with claims
3-3 investigation activities, antifraud activities, rating, or
3-4 underwriting;
3-5 (G) use in providing notice to an owner of a
3-6 towed or impounded vehicle;
3-7 (H) use by a licensed private investigator
3-8 agency or licensed security service for a purpose permitted under
3-9 this section;
3-10 (I) use by an employer or an agent or insurer of
3-11 the employer to obtain or verify information relating to a holder
3-12 of a commercial driver's license that is required under 49 U.S.C.
3-13 Chapter 313;
3-14 (J) use in connection with the operation of a
3-15 private toll transportation facility;
3-16 (K) use for bulk distribution for surveys,
3-17 marketing, or solicitations, but only if the person who is the
3-18 subject of the record provides, in a manner prescribed by the
3-19 agency, written consent to the disclosure [the agency has
3-20 implemented procedures to ensure that]:
3-21 [(i) persons are provided an opportunity,
3-22 in a clear and conspicuous manner, to opt out and prohibit those
3-23 uses; and]
3-24 [(ii) the information will be used,
3-25 rented, or sold solely for bulk distribution for surveys,
3-26 marketing, or solicitations, and that surveys, marketing, or
3-27 solicitations will not be directed at any individual who has timely
4-1 requested that the material not be directed at that individual];
4-2 and
4-3 (L) use for any other purpose specifically
4-4 authorized by law that relates to the operation of a motor vehicle
4-5 or to public safety.
4-6 SECTION 2. Section 730.008(a), Transportation Code, is
4-7 amended to read as follows:
4-8 (a) Personal information obtained by an agency in connection
4-9 with a motor vehicle record that is contained in an individual
4-10 record may be disclosed to a requestor without regard to intended
4-11 use only if the agency [Department of Public Safety] has obtained
4-12 from the person who is the subject of the record written consent to
4-13 the disclosure, in a manner prescribed by the agency[:]
4-14 [(1) provided, in a clear and conspicuous manner on
4-15 forms for issuance or renewal of an operator's or driver's license,
4-16 registration, title, or identification document, notice that
4-17 personal information collected by the Department of Public Safety
4-18 may be disclosed to any person making a request for an individual
4-19 record; and]
4-20 [(2) provided in a clear and conspicuous manner on
4-21 that form an opportunity for each person who is the subject of the
4-22 record to prohibit that disclosure].
4-23 SECTION 3. Section 730.009, Transportation Code, is amended
4-24 to read as follows:
4-25 Sec. 730.009. CONSENT TO [REQUESTS TO PROHIBIT] DISCLOSURE.
4-26 Each agency shall distinguish between the consent of [a request by]
4-27 a person under Section 730.008 to [prohibit] disclosure of personal
5-1 information in the person's individual record and the consent of a
5-2 person [a request] under Section 730.007(a)(2)(K) [by a person] to
5-3 [prohibit] disclosure of that information.
5-4 SECTION 4. This Act takes effect September 1, 2001.