1-1                                   AN ACT
 1-2     relating to the release of certain personal information from motor
 1-3     vehicle records and information relating to motor vehicle accident
 1-4     reports; providing penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Chapter 38, Penal Code, is amended by adding
 1-7     Section 38.18 to read as follows:
 1-8           Sec. 38.18.  USE OF ACCIDENT REPORT INFORMATION AND OTHER
 1-9     INFORMATION FOR PECUNIARY GAIN. (a)  This section applies to:
1-10                 (1)  information described by Section 550.065(a),
1-11     Transportation Code;
1-12                 (2)  information reported under Chapter 772, Health and
1-13     Safety Code, other than information that is confidential under that
1-14     chapter; and
1-15                 (3)  information contained in a dispatch log, a towing
1-16     record, or a record of a 9-1-1 service provider, other than
1-17     information that is confidential under Chapter 772, Health and
1-18     Safety Code.
1-19           (b)  A person commits an offense if:
1-20                 (1)  the person obtains information described by
1-21     Subsection (a)  from the Department of Public Safety of the State
1-22     of Texas or other governmental entity; and
1-23                 (2)  the information is subsequently used for the
1-24     direct solicitation of business or employment for pecuniary gain
 2-1     by:
 2-2                       (A)  the person;
 2-3                       (B)  an agent or employee of the person; or
 2-4                       (C)  the person on whose behalf the information
 2-5     was requested.
 2-6           (c)  A person who employs or engages another to obtain
 2-7     information described by Subsection (a)  from the Department of
 2-8     Public Safety or other governmental entity commits an offense if
 2-9     the person subsequently uses the information for direct
2-10     solicitation of business or employment for pecuniary gain.
2-11           (d)  An offense under this section is a Class B misdemeanor.
2-12           SECTION 2. Sections 521.050(b)-(d), Transportation Code, are
2-13     amended to read as follows:
2-14           (b)  [A magnetic tape provided under this section may contain
2-15     only the names, addresses, and dates of birth of individuals who
2-16     have not prohibited the disclosure of personal information relating
2-17     to those individuals under Section 521.052 and Chapter 730.]
2-18           [(c)]  The department may also periodically provide to the
2-19     purchaser of the information any addition to that file.
2-20           (c)  The department shall impose and collect a fee of:
2-21                 (1)  $2,000 for each magnetic tape provided under
2-22     Subsection (a); and
2-23                 (2)  if the department provides a weekly update of the
2-24     information on the tape, $75 for each update.
2-25           [(d)  Before the department may provide information under
2-26     Subsection (a), the purchaser must agree to delete the name,
2-27     address, and date of birth of an individual whose name is also
 3-1     included on the mail or telephone preference list maintained by a
 3-2     recognized trade association that is used to remove the name of an
 3-3     individual who has requested that the individual's name not be made
 3-4     available for solicitation purposes.]
 3-5           SECTION 3. Section 521.052, Transportation Code, is amended
 3-6     to read as follows:
 3-7           Sec. 521.052.  DISCLOSURE OF INDIVIDUAL INFORMATION
 3-8     PROHIBITED.  [(a)]  Except as provided by Sections 521.045,
 3-9     521.046, 521.049(c), [and] 521.050, and 601.022, and by Chapter
3-10     730, the department may not disclose information from the
3-11     department's files that relates to personal information, as that
3-12     term is defined by Section 730.003.
3-13           [(b)  The department shall provide written notice to each
3-14     applicant for an original or renewal license or personal
3-15     identification certificate, or a duplicate or corrected license or
3-16     certificate, that the applicant is entitled to prohibit disclosure
3-17     of personal information under Chapter 730 and is entitled to
3-18     execute a statement that prohibits public access to personal
3-19     information relating to the applicant.]
3-20           [(c)  An individual may at any time revoke a statement
3-21     executed under Subsection (a) or (b).  Revocation of an executed
3-22     statement must be in writing in the manner prescribed by the
3-23     department.]
3-24           SECTION 4.  Section 521.055, Transportation Code, is amended
3-25     by adding Subsection (g) to read as follows:
3-26           (g)  For purposes of this section, a release of information
3-27     to persons eligible to receive the information under Chapter 730
 4-1     occurs each time a query is made of the system.
 4-2           SECTION 5. Section 550.065, Transportation Code, is amended
 4-3     to read as follows:
 4-4           Sec. 550.065.  RELEASE OF [ACCIDENT REPORTS AND] CERTAIN
 4-5     INFORMATION RELATING TO ACCIDENTS. (a)  This section applies only
 4-6     to information that is held by the department or another
 4-7     governmental entity and relates to a motor vehicle accident
 4-8     reported under this chapter or Section 601.004[, including:]
 4-9                 [(1)  information reported under this chapter, Section
4-10     601.004, or Chapter 772, Health and Safety Code;]
4-11                 [(2)  information contained in a dispatch log, towing
4-12     record, or a record of a 9-1-1 service provider; and]
4-13                 [(3)  the part of any other record that includes
4-14     information relating to the date of the accident, the name of any
4-15     person involved in the accident, or the specific location of the
4-16     accident].
4-17           (b)  Except as provided by Subsection (c), the information is
4-18     privileged and for the confidential use of:
4-19                 (1)  the department; and
4-20                 (2)  an agency of the United States, this state, or a
4-21     local government of this state that has use for the information for
4-22     accident prevention purposes.
4-23           (c)  On written request and payment of any required fee, the
4-24     department or the governmental entity shall release the information
4-25     to:
4-26                 (1)  an entity described by Subsection (b);
4-27                 (2)  the law enforcement agency that employs the peace
 5-1     officer who investigated the accident and sent the information to
 5-2     the department;
 5-3                 (3)  the court in which a case involving a person
 5-4     involved in the accident is pending if the report is subpoenaed; or
 5-5                 (4)  a person who provides the department or
 5-6     governmental entity with two [the name of any person involved in
 5-7     the accident and one] or more of the following:
 5-8                       (A)  the date of the accident; [or]
 5-9                       (B)  the specific address or the highway or
5-10     street where the accident occurred; or
5-11                       (C)  the name of any person involved in the
5-12     accident.
5-13           (d)  [The department or governmental entity shall request
5-14     information on a written form adopted by the department or the
5-15     entity to determine whether the person or entity requesting the
5-16     information is entitled to receive the information under Subsection
5-17     (c).]
5-18           [(e)]  The fee for a copy of the [peace officer's] report or
5-19     accident information is $6 or the actual cost of the preparation of
5-20     the copy, whichever is less [$4].  The copy may be certified by the
5-21     department or the governmental entity [a law enforcement agency]
5-22     for an additional fee of $2.  The department or the governmental
5-23     entity may issue a certification that no report or information is
5-24     on file for a fee of $6 [$4].
5-25           [(f)  If the person or entity requesting the information is
5-26     entitled to receive the information under Subsection (c),
5-27     Subchapter F, Chapter 552, Government Code, applies in connection
 6-1     with:]
 6-2                 [(1)  making the information available to that person
 6-3     or entity if the information exists in a paper record;]
 6-4                 [(2)  providing that person or entity access to the
 6-5     information if the information exists in an electronic medium or in
 6-6     an electronic form; and]
 6-7                 [(3)  providing a copy of the information to that
 6-8     person or entity.]
 6-9           SECTION 6. Sections 730.003(1), (4), and (6), Transportation
6-10     Code, are amended to read as follows:
6-11                 (1)  "Agency" includes any agency or political
6-12     subdivision of this state, or an authorized agent or contractor of
6-13     an agency or political subdivision of this state, that compiles or
6-14     maintains motor vehicle records.
6-15                 (4)  "Motor vehicle record" means a record that
6-16     pertains to a motor vehicle operator's or driver's license or
6-17     permit, motor vehicle registration, motor vehicle title, or
6-18     identification document issued by an agency of this state or a
6-19     local agency authorized to issue an identification document.  The
6-20     term does not include:
6-21                       (A)  a record that pertains to a motor carrier;
6-22     or
6-23                       (B)  an accident report prepared under Chapter
6-24     550 or 601.
6-25                 (6)  "Personal information" means information that
6-26     identifies a person, including an individual's photograph or
6-27     computerized image, social security number, driver identification
 7-1     number, name, address, but not the zip code, telephone number, and
 7-2     medical or disability information.  The term does not include:
 7-3                       (A)  information on vehicle accidents, driving or
 7-4     equipment-related violations, or driver's license or registration
 7-5     status; or
 7-6                       (B)  information contained in an accident report
 7-7     prepared under Chapter 550 or 601.
 7-8           SECTION 7. Sections 730.004, 730.007, and 730.013,
 7-9     Transportation Code, are amended to read as follows:
7-10           Sec. 730.004.  PROHIBITION ON DISCLOSURE AND USE OF PERSONAL
7-11     INFORMATION FROM MOTOR VEHICLE RECORDS. Notwithstanding any other
7-12     provision of law to the contrary, including Chapter 552, Government
7-13     Code, except as provided by Sections 730.005-730.007
7-14     [730.005-730.008], an agency may not disclose personal information
7-15     about any person obtained by the agency in connection with a motor
7-16     vehicle record.
7-17           Sec. 730.007.  PERMITTED DISCLOSURES. (a)  Personal
7-18     information obtained by an agency in connection with a motor
7-19     vehicle record may be disclosed to any requestor by an agency if
7-20     the requestor:
7-21                 (1)  provides the requestor's name and address and any
7-22     proof of that information required by the agency; and
7-23                 (2)  represents that the use of the personal
7-24     information will be strictly limited to:
7-25                       (A)  use by:
7-26                             (i)  a government agency, including any
7-27     court or law enforcement agency, in carrying out its functions; or
 8-1                             (ii)  a private person or entity acting on
 8-2     behalf of a government agency in carrying out the functions of the
 8-3     agency;
 8-4                       (B)  use in connection with a matter of:
 8-5                             (i)  motor vehicle or motor vehicle
 8-6     operator safety;
 8-7                             (ii)  motor vehicle theft;
 8-8                             (iii)  motor vehicle product alterations,
 8-9     recalls, or advisories;
8-10                             (iv)  performance monitoring of motor
8-11     vehicles, motor vehicle parts, or motor vehicle dealers;
8-12                             (v)  motor vehicle market research
8-13     activities, including survey research; or
8-14                             (vi)  removal of nonowner records from the
8-15     original owner records of motor vehicle manufacturers;
8-16                       (C)  use in the normal course of business by a
8-17     legitimate business or an authorized agent[, employee, or
8-18     contractor] of the business, but only:
8-19                             (i)  to verify the accuracy of personal
8-20     information submitted by the individual to the business or the [an]
8-21     agent[, employee, or contractor] of the business; and
8-22                             (ii)  if the information [as submitted] is
8-23     not correct [or is no longer correct], to obtain the correct
8-24     information, for the sole purpose of preventing fraud by, pursuing
8-25     a legal remedy against, or recovering on a debt or security
8-26     interest against the individual;
8-27                       (D)  use in conjunction with a civil, criminal,
 9-1     administrative, or arbitral proceeding in any court or government
 9-2     agency or before any self-regulatory body, including service of
 9-3     process, investigation in anticipation of litigation, execution or
 9-4     enforcement of a judgment or order, or under an order of any court;
 9-5                       (E)  use in research or in producing statistical
 9-6     reports, but only if the personal information is not published,
 9-7     redisclosed, or used to contact any individual;
 9-8                       (F)  use by an insurer or insurance support
 9-9     organization, or by a self-insured entity, or an authorized agent[,
9-10     employee, or contractor] of the entity, in connection with claims
9-11     investigation activities, antifraud activities, rating, or
9-12     underwriting;
9-13                       (G)  use in providing notice to an owner of a
9-14     towed or impounded vehicle;
9-15                       (H)  use by a licensed private investigator
9-16     agency or licensed security service for a purpose permitted under
9-17     this section;
9-18                       (I)  use by an employer or an agent or insurer of
9-19     the employer to obtain or verify information relating to a holder
9-20     of a commercial driver's license that is required under 49 U.S.C.
9-21     Chapter 313;
9-22                       (J)  use in connection with the operation of a
9-23     private toll transportation facility;
9-24                       (K)  use by a consumer reporting agency, as
9-25     defined by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et
9-26     seq.), for a purpose permitted under that Act; or [for bulk
9-27     distribution for surveys, marketing, or solicitations, but only if
 10-1    the agency has implemented procedures to ensure that:]
 10-2                            [(i)  persons are provided an opportunity,
 10-3    in a clear and conspicuous manner, to opt out and prohibit those
 10-4    uses; and]
 10-5                            [(ii)  the information will be used,
 10-6    rented, or sold solely for bulk distribution for surveys,
 10-7    marketing, or solicitations, and that surveys, marketing, or
 10-8    solicitations will not be directed at any individual who has timely
 10-9    requested that the material not be directed at that individual;
10-10    and]
10-11                      (L)  use for any other purpose specifically
10-12    authorized by law that relates to the operation of a motor vehicle
10-13    or to public safety.
10-14          (b)  The only personal information an agency may release
10-15    under this section is the individual's:
10-16                (1)  name and address;
10-17                (2)  date of birth; and
10-18                (3)  driver's license number.
10-19          (c)  This section does not:
10-20                (1)  prohibit the disclosure of a person's photographic
10-21    image to:
10-22                      (A)  a law enforcement agency or a criminal
10-23    justice agency for an official purpose; or
10-24                      (B)  an agency of this state investigating an
10-25    alleged violation of a state or federal law relating to the
10-26    obtaining, selling, or purchasing of a benefit authorized by
10-27    Chapter 31 or 33, Human Resources Code; or
 11-1                (2)  prevent a court from compelling by subpoena the
 11-2    production of a person's photographic image.
 11-3          (d)  Personal information obtained by an agency in connection
 11-4    with a motor vehicle record shall be disclosed to a requestor by an
 11-5    agency if the requestor:
 11-6                (1)  provides the requestor's name and address and any
 11-7    proof of that information required by the agency; and
 11-8                (2)  represents that the intent of the requestor is to
 11-9    use personal information in the motor vehicle record only for the
11-10    purpose of preventing, detecting, or protecting against personal
11-11    identity theft or other acts of fraud and provides any proof of the
11-12    requestor's intent required by the agency.
11-13          (e)  If the agency determines that the requestor intends to
11-14    use personal information requested under Subsection (d) only for
11-15    the represented purpose, the agency shall release to the requestor
11-16    any requested personal information in the motor vehicle record.
11-17          Sec. 730.013.  RESALE OR REDISCLOSURE. (a)  An authorized
11-18    recipient of personal information may not resell or redisclose the
11-19    personal information in the identical or a substantially identical
11-20    format the personal information was disclosed to the recipient by
11-21    the applicable agency.
11-22          (b)  An authorized recipient of personal information[, other
11-23    than a recipient under Section 730.007(a)(2)(K)(ii) or Section
11-24    730.008,] may resell or redisclose the information only for a [any]
11-25    use permitted under Section 730.007[, other than a use described by
11-26    Section 730.007(a)(2)(K)(ii)].
11-27          [(b)  An authorized recipient of an individual record under
 12-1    Section 730.008 may resell or redisclose personal information for
 12-2    any purpose.]
 12-3          (c)  [An authorized recipient of personal information for
 12-4    bulk distribution for surveys, marketing, or solicitations under
 12-5    Section 730.007(a)(2)(K)(ii) may resell or redisclose personal
 12-6    information only in compliance with the terms of that section.]
 12-7          [(d)]  Any authorized recipient who resells or rediscloses
 12-8    personal information obtained from an agency shall be required by
 12-9    that agency to:
12-10                (1)  maintain for a period of not less than five years
12-11    records as to any person or entity receiving that information and
12-12    the permitted use for which it was obtained; and
12-13                (2)  provide copies of [make] those records to
12-14    [available for inspection by] the agency on request.
12-15          (d)  A person commits an offense if the person violates this
12-16    section.  An offense under this subsection is a misdemeanor
12-17    punishable by a fine not to exceed $25,000.
12-18          SECTION 8. Chapter 730, Transportation Code, is amended by
12-19    adding Section 730.016 to read as follows:
12-20          Sec. 730.016.  INELIGIBILITY OF CERTAIN PERSONS TO RECEIVE
12-21    PERSONAL INFORMATION. (a)  A person who is convicted of an offense
12-22    under this chapter, or who violates a rule adopted by an agency
12-23    relating to the terms or conditions for a release of personal
12-24    information to the person, is ineligible to receive personal
12-25    information under Section 730.007.
12-26          (b)  For purposes of Subsection (a), a person is considered
12-27    to have been convicted in a case if:
 13-1                (1)  a sentence is imposed;
 13-2                (2)  the defendant receives probation or deferred
 13-3    adjudication; or
 13-4                (3)  the court defers final disposition of the case.
 13-5          SECTION 9. The following laws are repealed:
 13-6                (1)  Sections 730.008 and 730.009, Transportation Code;
 13-7    and
 13-8                (2)  Chapter 731, Transportation Code.
 13-9          SECTION 10. (a)  This Act takes effect September 1, 2001.
13-10          (b)  Sections 521.050 and 521.052, Transportation Code, as
13-11    amended by this Act, apply only to the disclosure by the Texas
13-12    Department of Public Safety of driver's license information in
13-13    response to a request for the information that is made on or after
13-14    the effective date of this Act.  The disclosure by the Texas
13-15    Department of Public Safety of driver's license information in
13-16    response to a request for the information that is made before the
13-17    effective date of this Act is governed by the law in effect
13-18    immediately before the effective date of this Act, and the former
13-19    law is continued in effect for that purpose.
13-20          (c)  Section 550.065, Transportation Code, as amended by this
13-21    Act, applies only to the disclosure of information that relates to
13-22    a motor vehicle accident in response to a request for that
13-23    information that is made on or after the effective date of this
13-24    Act.  The disclosure of motor vehicle accident information in
13-25    response to a request for that information that is made before the
13-26    effective date of this Act is governed by the law in effect
13-27    immediately before the effective date of this Act, and the former
 14-1    law is continued in effect for that purpose.
 14-2          (d)  Sections 730.004, 730.007, and 730.013, Transportation
 14-3    Code, as amended by this Act, apply only to the disclosure by an
 14-4    agency or political subdivision of this state, or an agent of an
 14-5    agency or political subdivision, of personal information in
 14-6    response to a request for the information that is made on or after
 14-7    the effective date of this Act.  The disclosure by an agency or
 14-8    political subdivision, or agent, in response to a request for that
 14-9    information that is made before the effective date of this Act is
14-10    governed by the law in effect immediately before the effective date
14-11    of this Act, and the former law is continued in effect for that
14-12    purpose.
14-13          (e)  Section 730.016, Transportation Code, as added by this
14-14    Act, applies only to a person convicted of an offense on or after
14-15    the effective date of this Act.
14-16          (f)  The repeal by this Act of Chapter 731, Transportation
14-17    Code, does not affect a civil action instituted under Section
14-18    731.005 of that chapter before the effective date of this Act.  A
14-19    civil action instituted under that section before the effective
14-20    date of this Act is governed by Chapter 731 of that code as it
14-21    existed immediately before the effective date of this Act.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1544 was passed by the House on May
         4, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1544 on May 25, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1544 was passed by the Senate, with
         amendments, on May 22, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor