By Gallego H.B. No. 799
77R60 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disclosure of personal information that is
1-3 collected by certain governmental bodies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 552, Government Code, is
1-6 amended by adding Sections 552.136 and 552.137 to read as follows:
1-7 Sec. 552.136. EXCEPTION: PERSONAL INFORMATION HELD BY STATE
1-8 GOVERNMENTAL BODY. (a) This section applies only to a governmental
1-9 body described by Section 552.003(1)(A)(i).
1-10 (b) In this section:
1-11 (1) "License" means a license, certificate,
1-12 registration, permit, or other authorization that:
1-13 (A) is issued by a governmental body;
1-14 (B) is subject before expiration to suspension,
1-15 revocation, forfeiture, or termination by the governmental body;
1-16 and
1-17 (C) must be held by a person to engage in a
1-18 regulated activity, including operation of a motor vehicle or
1-19 hunting, fishing, or other recreational activity.
1-20 (2) "Personal information" means information that
1-21 identifies an individual, including the individual's photograph or
1-22 computerized image, social security number, driver identification
1-23 number, name, address, telephone number, fingerprint or thumbprint,
1-24 date of birth, and medical or disability information. The term
2-1 does not include a person's postal zip code.
2-2 (c) A governmental body may not disclose personal
2-3 information that is collected, assembled, or maintained by the
2-4 governmental body about an individual in connection with the
2-5 issuance of a license to the individual by the governmental body
2-6 other than the individual's name, address, and date of birth,
2-7 except as provided by Subsection (d) or (e).
2-8 (d) A governmental body is not prohibited from disclosing
2-9 personal information if:
2-10 (1) this chapter, another law of this state, or a law
2-11 of the United States expressly authorizes or requires disclosure of
2-12 the personal information; or
2-13 (2) the individual to whom the personal information
2-14 relates expressly consents in writing to the disclosure of the
2-15 individual's personal information by the governmental body.
2-16 (e) A governmental body may not disclose an individual's
2-17 name, address, or date of birth if the disclosure is specifically
2-18 prohibited by this chapter, another law of this state, or a law of
2-19 the United States.
2-20 Sec. 552.137. MOTOR VEHICLE RECORDS. (a) The purpose of
2-21 this section is to implement and enforce 18 U.S.C. Chapter 123 and
2-22 to protect the interest of an individual in the individual's
2-23 personal privacy by prohibiting the disclosure and use of personal
2-24 information contained in motor vehicle records, except as
2-25 authorized by the individual or by law.
2-26 (b) In this section:
2-27 (1) "Agency" means any agency of this state, or an
3-1 authorized agent or contractor of an agency of this state, that
3-2 compiles or maintains motor vehicle records.
3-3 (2) "Motor vehicle record" means a record that relates
3-4 to a motor vehicle operator's or driver's license or permit, motor
3-5 vehicle registration, motor vehicle title, or identification
3-6 document issued by an agency of this state as an alternative to an
3-7 operator's or driver's license. The term does not include a record
3-8 that relates to a motor carrier.
3-9 (3) "Person" means an individual, organization, or
3-10 other legal entity, but does not include this state or an agency of
3-11 this state.
3-12 (4) "Personal information" has the meaning assigned by
3-13 Section 552.136(b). The term does not include information on
3-14 vehicle accidents, driving or equipment-related violations, or
3-15 driver's license or registration status.
3-16 (5) "Record" includes any book, paper, photograph,
3-17 photostat, card, film, tape, recording, electronic data, printout,
3-18 or other documentary material regardless of physical form or
3-19 characteristics.
3-20 (c) Personal information obtained by an agency in connection
3-21 with a motor vehicle record shall be disclosed for use in
3-22 connection with any matter of:
3-23 (1) motor vehicle or motor vehicle operator safety;
3-24 (2) motor vehicle theft;
3-25 (3) motor vehicle emissions;
3-26 (4) motor vehicle product alterations, recalls, or
3-27 advisories;
4-1 (5) performance monitoring of motor vehicles or motor
4-2 vehicle dealers by a motor vehicle manufacturer; or
4-3 (6) removal of nonowner records from the original
4-4 owner records of a motor vehicle manufacturer to carry out the
4-5 purposes of:
4-6 (A) the Automobile Information Disclosure Act,
4-7 15 U.S.C. Section 1231 et seq.;
4-8 (B) 49 U.S.C. Chapters 301, 305, 323, 325, 327,
4-9 329, and 331;
4-10 (C) the Anti Car Theft Act of 1992, 18 U.S.C.
4-11 Sections 553, 981, 982, 2119, 2312, 2313, and 2322, 19 U.S.C.
4-12 Sections 1646b and 1646c, and 42 U.S.C. Section 3750a et seq., as
4-13 amended;
4-14 (D) the Clean Air Act, 42 U.S.C. Section 7401 et
4-15 seq., as amended; and
4-16 (E) any other statute or regulation enacted or
4-17 adopted under or in relation to a law included in Paragraphs
4-18 (A)-(D).
4-19 (d) Personal information obtained by an agency in connection
4-20 with a motor vehicle record may be disclosed to any requestor by an
4-21 agency only if the requestor:
4-22 (1) provides the requestor's name and address and any
4-23 proof of that name and address required by the agency;
4-24 (2) represents that the use of the personal
4-25 information will be strictly limited to:
4-26 (A) use by:
4-27 (i) a government agency, including any
5-1 court or law enforcement agency, in carrying out its functions; or
5-2 (ii) a private person acting on behalf of
5-3 a government agency in carrying out the functions of the agency;
5-4 (B) use in connection with a matter of:
5-5 (i) motor vehicle or motor vehicle
5-6 operator safety;
5-7 (ii) motor vehicle theft;
5-8 (iii) motor vehicle product alterations,
5-9 recalls, or advisories;
5-10 (iv) performance monitoring of motor
5-11 vehicles, motor vehicle parts, or motor vehicle dealers;
5-12 (v) motor vehicle market research
5-13 activities, including survey research; or
5-14 (vi) removal of nonowner records from the
5-15 original owner records of motor vehicle manufacturers;
5-16 (C) use in the normal course of business by a
5-17 legitimate business or an agent, employee, or contractor of the
5-18 business, but only:
5-19 (i) to verify the accuracy of personal
5-20 information submitted by the individual to the business or an
5-21 agent, employee, or contractor of the business; and
5-22 (ii) if the information as submitted is
5-23 not correct or is no longer correct, to obtain the correct
5-24 information, for the sole purpose of preventing fraud by, pursuing
5-25 a legal remedy against, or recovering on a debt or security
5-26 interest against the individual;
5-27 (D) use in conjunction with a civil, criminal,
6-1 administrative, or arbitration proceeding in any court or
6-2 government agency or before any self-regulatory body, including
6-3 service of process, investigation in anticipation of litigation,
6-4 execution or enforcement of a judgment or order, or under an order
6-5 of any court;
6-6 (E) use in research or in producing statistical
6-7 reports, but only if the personal information is not published,
6-8 redisclosed, or used to contact any individual;
6-9 (F) use by an insurer or insurance support
6-10 organization, or by a self-insured entity, or an agent, employee,
6-11 or contractor of the entity, in connection with claims
6-12 investigation activities, antifraud activities, rating, or
6-13 underwriting;
6-14 (G) use in providing notice to an owner of a
6-15 towed or impounded vehicle;
6-16 (H) use by a licensed private investigator
6-17 agency or licensed security service for a purpose permitted under
6-18 this section;
6-19 (I) use by an employer or an agent or insurer of
6-20 the employer to obtain or verify information relating to a holder
6-21 of a commercial driver's license that is required under 49 U.S.C.
6-22 Chapter 313;
6-23 (J) use in connection with the operation of a
6-24 private toll transportation facility;
6-25 (K) use for bulk distribution for surveys,
6-26 marketing, or solicitations, but only if the agency has obtained
6-27 the written consent of the individual to whom the information
7-1 relates;
7-2 (L) use by any requestor if the requestor
7-3 demonstrates that the requestor has obtained the written consent of
7-4 the individual to whom the information relates; and
7-5 (M) another use specifically authorized by a law
7-6 of this state, if the use relates to the operation of a motor
7-7 vehicle or to public safety; and
7-8 (3) pays the fee for the personal information
7-9 prescribed by the agency, if the personal information is contained
7-10 in an individual record and requested for a purpose described by
7-11 Subdivision (2)(C), (E), (F), (J), or (K).
7-12 (e) The only personal information an agency may release to a
7-13 requestor under this section is the individual's:
7-14 (1) name and address;
7-15 (2) date of birth; and
7-16 (3) operator's or driver's license or permit number.
7-17 (f) Unless a fee is imposed by law, an agency that has
7-18 obtained information in connection with a motor vehicle may adopt
7-19 reasonable fees for disclosure of that personal information under
7-20 this section. Each agency by rule shall prescribe the amount of
7-21 the fee for personal information under Subsection (d)(3), not to
7-22 exceed an amount that is sufficient to recover from the purchasers
7-23 of personal information the actual costs to the department of
7-24 administering that subsection and providing the information to the
7-25 requestor.
7-26 (g) An agency may require a requestor to provide reasonable
7-27 assurance:
8-1 (1) as to the identity of the requestor; and
8-2 (2) that use of the personal information will be only
8-3 as authorized or that the express consent of the person who is the
8-4 subject of the information has been obtained.
8-5 (h) An authorized recipient of personal information, other
8-6 than a recipient under Subsection (d)(2)(K), may resell or
8-7 redisclose the information for any use permitted under Subsection
8-8 (d)(2), other than a use described by Subsection (d)(2)(K).
8-9 (i) An authorized recipient of personal information for bulk
8-10 distribution for surveys, marketing, or solicitations under
8-11 Subsection (d)(2)(K) may resell or redisclose personal information
8-12 only in compliance with the terms of that subsection.
8-13 (j) Each agency may adopt rules to implement and administer
8-14 this section. An agency that maintains motor vehicle records in
8-15 relation to motor vehicles is not required to also maintain those
8-16 records in relation to the individuals named in those records.
8-17 (k) A person who requests the disclosure of personal
8-18 information from an agency's records under this section and
8-19 misrepresents the person's identity or who makes a false statement
8-20 to the agency on an application required by the agency under this
8-21 section commits an offense. An offense under this subsection is a
8-22 Class A misdemeanor.
8-23 (l) Any authorized recipient who resells or rediscloses
8-24 personal information obtained from an agency shall be required by
8-25 that agency to:
8-26 (1) maintain for a period of not less than five years
8-27 records as to any person receiving that information and the
9-1 permitted use for which it was obtained; and
9-2 (2) make those records available for inspection by the
9-3 agency on request.
9-4 (m) An agency may require a requestor to make or file a
9-5 written application in the form and containing any certification
9-6 requirement the agency may prescribe under this section.
9-7 SECTION 2. Section 552.222(c), Government Code, is amended to
9-8 read as follows:
9-9 (c) If the information requested relates to a motor vehicle
9-10 record, the officer for public information or the officer's agent
9-11 may require the requestor to provide additional identifying
9-12 information sufficient for the officer or the officer's agent to
9-13 determine whether the requestor is eligible to receive the
9-14 information under Section 552.137 [Chapter 730, Transportation
9-15 Code]. In this subsection, "motor vehicle record" has the meaning
9-16 assigned that term by Section 552.137 [730.003, Transportation
9-17 Code].
9-18 SECTION 3. Section 502.008(d), Transportation Code, is
9-19 amended to read as follows:
9-20 (d) This section does not authorize the release of
9-21 information that is prohibited from disclosure under Section
9-22 552.137, Government Code [Chapter 730].
9-23 SECTION 4. Section 521.045, Transportation Code, is amended
9-24 to read as follows:
9-25 Sec. 521.045. DISCLOSURE OF CERTAIN INFORMATION RELATING TO
9-26 INDIVIDUAL OPERATOR. On receipt of a written request and payment of
9-27 a $4 fee, the department may disclose information relating to an
10-1 individual's date of birth, current license status, and most recent
10-2 address, as shown in the department's records, to a person who:
10-3 (1) is eligible to receive the information under
10-4 Section 552.137, Government Code [Chapter 730]; and
10-5 (2) submits to the department the individual's
10-6 driver's license number or the individual's full name and date of
10-7 birth.
10-8 SECTION 5. Section 521.046(a), Transportation Code, is
10-9 amended to read as follows:
10-10 (a) In addition to the information authorized to be released
10-11 under Section 521.045, on receipt of a written request and payment
10-12 of a $6 fee, the department may disclose that information and
10-13 information regarding each reported motor vehicle moving violation,
10-14 as defined by department rule, resulting in a traffic law
10-15 conviction and each motor vehicle accident in which the individual
10-16 received a citation, by date and location, within the three years
10-17 preceding the date of the request, to a person who:
10-18 (1) is eligible to receive the information under
10-19 Section 552.137, Government Code [Chapter 730]; and
10-20 (2) submits to the department the individual's
10-21 driver's license number or the individual's full name and date of
10-22 birth.
10-23 SECTION 6. Sections 521.050(a) and (b), Transportation Code,
10-24 are amended to read as follows:
10-25 (a) In addition to the provisions of this subchapter
10-26 relating to the disclosure of driver's license information on an
10-27 individual, the department may provide a purchaser with a magnetic
11-1 tape of the names, addresses, and dates of birth of all license
11-2 holders that are contained in the department's basic driver's
11-3 license record file if the purchaser certifies in writing that the
11-4 purchaser is eligible to receive the information under Section
11-5 552.137, Government Code [Chapter 730].
11-6 (b) A magnetic tape provided under this section may contain
11-7 only the names, addresses, and dates of birth of individuals who
11-8 have expressly consented to [not prohibited] the disclosure of
11-9 personal information relating to those individuals under Section
11-10 552.137, Government Code, and Section 521.052 [and Chapter 730].
11-11 SECTION 7. Section 521.051, Transportation Code, is amended
11-12 to read as follows:
11-13 Sec. 521.051. DISCLOSURE OF CERTAIN INFORMATION PROHIBITED.
11-14 The department may not disclose class-type listings from the basic
11-15 driver's license record file to any person except as provided by
11-16 Section 521.049(c), regardless of whether the requestor is eligible
11-17 to receive the information under Section 552.137, Government Code
11-18 [Chapter 730].
11-19 SECTION 8. Sections 521.052(a) and (b), Transportation Code,
11-20 are amended to read as follows:
11-21 (a) Except as provided by Sections 521.045, 521.046,
11-22 521.049(c), and 521.050 and by Section 552.137, Government Code
11-23 [Chapter 730], the department may not disclose information from the
11-24 department's files that relates to personal information, as that
11-25 term is defined by Section 552.136, Government Code [730.003].
11-26 (b) The department shall provide written notice to each
11-27 applicant for an original or renewal license or personal
12-1 identification certificate, or a duplicate or corrected license or
12-2 certificate, that the applicant is entitled to consent to
12-3 [prohibit] disclosure of personal information under Section
12-4 552.137, Government Code [Chapter 730] and is entitled to execute a
12-5 statement that consents to [prohibits] public access to personal
12-6 information relating to the applicant.
12-7 SECTION 9. Section 521.053(a), Transportation Code, is
12-8 amended to read as follows:
12-9 (a) The department may provide to any person the information
12-10 specified by Section 521.045, 521.046, or 521.047 and by Section
12-11 601.022, for the fee required by those sections, that relate to the
12-12 holder of or applicant for a commercial driver's license under
12-13 Chapter 522 if the person is eligible to receive the information
12-14 under Section 552.137, Government Code [Chapter 730].
12-15 SECTION 10. Section 601.022(a), Transportation Code, is
12-16 amended to read as follows:
12-17 (a) The department, on request and receipt of the required
12-18 fee, shall provide any person a certified abstract of the record of
12-19 conviction of a person subject to this chapter for violation of a
12-20 law relating to the operation of a motor vehicle or the record of
12-21 any injury or damage caused by the person's operation of a motor
12-22 vehicle if the requestor is eligible to receive the information
12-23 under Section 552.137, Government Code [Chapter 730].
12-24 SECTION 11. The following laws are repealed:
12-25 (1) Section 552.130, Government Code;
12-26 (2) Chapter 730, Transportation Code; and
12-27 (3) Chapter 731, Transportation Code.
13-1 SECTION 12. This Act takes effect September 1, 2001.