By Hupp                                                H.B. No. 308
         77R220 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to written notice of the sale of personal information
 1-3     contained in driver's license records files.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter C, Chapter 521, Transportation Code, is
 1-6     amended by adding Section 521.058 to read as follows:
 1-7           Sec. 521.058.  NOTIFICATION OF SALE OF PERSONAL INFORMATION.
 1-8     (a)  In this section, "personal information" has the meaning
 1-9     assigned by Section 730.003.
1-10           (b)  Each time the department sells personal information
1-11     contained in the department's driver's license records files to any
1-12     person under this subchapter, the department shall provide notice
1-13     to the individual to whom the information pertains of that sale and
1-14     of the identity of the person who purchased the information.
1-15           (c)  Notice under Subsection (b)  must be in writing and
1-16     mailed to the individual's address, as shown in the department's
1-17     driver's license records files, not later than the 10th day after
1-18     the date the department sells the personal information relating to
1-19     that individual.
1-20           (d)  The department by rule shall establish a fee not to
1-21     exceed an amount that is sufficient, when added to other fees
1-22     collected under this chapter, to recover from the purchasers of
1-23     personal information the actual costs to the department of
1-24     administering this section and providing the notice required by
 2-1     this section.
 2-2           (e)  This section does not apply if the person purchasing the
 2-3     personal information is:
 2-4                 (1)  the individual to whom the information pertains;
 2-5     or
 2-6                 (2)  an official of the United States, this state, or a
 2-7     political subdivision of this state acting in an official capacity.
 2-8     
 2-9           SECTION 2. Chapter 730, Transportation Code, is amended by
2-10     adding Section 730.0085 to read as follows:
2-11           Sec. 730.0085.  NOTIFICATION OF SALE OF PERSONAL INFORMATION.
2-12     (a)  Each time an agency sells personal information contained in
2-13     the agency's driver's license records to any person under this
2-14     chapter, the department shall provide notice to the individual to
2-15     whom the information pertains of that sale and of the identity of
2-16     the person who purchased the information.
2-17           (b)  Notice under Subsection (a)  must be in writing and
2-18     mailed to the individual's address, as shown in the agency's
2-19     driver's license records, not later than the 10th day after the
2-20     date the department sells the personal information relating to that
2-21     individual.
2-22           (c)  Each agency to which this section applies by rule shall
2-23     establish a fee not to exceed an amount that is sufficient, when
2-24     added to other fees collected under this chapter, to recover from
2-25     the purchasers of personal information the actual costs to the
2-26     agency of administering this section and providing the notice
2-27     required by this section.
 3-1           (d)  This section does not apply if the person purchasing the
 3-2     personal information is:
 3-3                 (1)  the individual to whom the information pertains;
 3-4     or
 3-5                 (2)  an official of the United States, this state, or a
 3-6     political subdivision of this state acting in an official capacity.
 3-7     
 3-8           SECTION 3. This Act takes effect September 1, 2001.