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