77R12659 JD-D
By Uher, Hupp, Miller H.B. No. 1544
Substitute the following for H.B. No. 1544:
By Danburg C.S.H.B. No. 1544
A BILL TO BE ENTITLED
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. Sections 521.050(b)-(d), Transportation Code, are
1-7 amended to read as follows:
1-8 (b) [A magnetic tape provided under this section may contain
1-9 only the names, addresses, and dates of birth of individuals who
1-10 have not prohibited the disclosure of personal information relating
1-11 to those individuals under Section 521.052 and Chapter 730.]
1-12 [(c)] The department may also periodically provide to the
1-13 purchaser of the information any addition to that file.
1-14 (c) The department shall impose and collect a fee of:
1-15 (1) $10,000 for each magnetic tape provided under
1-16 Subsection (a); and
1-17 (2) if the department provides a weekly update of the
1-18 information on the tape, $200 for each update.
1-19 [(d) Before the department may provide information under
1-20 Subsection (a), the purchaser must agree to delete the name,
1-21 address, and date of birth of an individual whose name is also
1-22 included on the mail or telephone preference list maintained by a
1-23 recognized trade association that is used to remove the name of an
1-24 individual who has requested that the individual's name not be made
2-1 available for solicitation purposes.]
2-2 SECTION 2. Section 521.052, Transportation Code, is amended
2-3 to read as follows:
2-4 Sec. 521.052. DISCLOSURE OF INDIVIDUAL INFORMATION
2-5 PROHIBITED. [(a)] Except as provided by Sections 521.045,
2-6 521.046, 521.049(c), [and] 521.050, and 601.022, and by Chapter
2-7 730, the department may not disclose information from the
2-8 department's files that relates to personal information, as that
2-9 term is defined by Section 730.003.
2-10 [(b) The department shall provide written notice to each
2-11 applicant for an original or renewal license or personal
2-12 identification certificate, or a duplicate or corrected license or
2-13 certificate, that the applicant is entitled to prohibit disclosure
2-14 of personal information under Chapter 730 and is entitled to
2-15 execute a statement that prohibits public access to personal
2-16 information relating to the applicant.]
2-17 [(c) An individual may at any time revoke a statement
2-18 executed under Subsection (a) or (b). Revocation of an executed
2-19 statement must be in writing in the manner prescribed by the
2-20 department.]
2-21 SECTION 3. Section 550.065, Transportation Code, is amended
2-22 to read as follows:
2-23 Sec. 550.065. RELEASE OF [ACCIDENT REPORTS AND] CERTAIN
2-24 INFORMATION RELATING TO ACCIDENTS. (a) This section applies only
2-25 to information that is held by the department or another
2-26 governmental entity and relates to a motor vehicle accident
2-27 reported under this chapter or Section 601.004[, including:]
3-1 [(1) information reported under this chapter, Section
3-2 601.004, or Chapter 772, Health and Safety Code;]
3-3 [(2) information contained in a dispatch log, towing
3-4 record, or a record of a 9-1-1 service provider; and]
3-5 [(3) the part of any other record that includes
3-6 information relating to the date of the accident, the name of any
3-7 person involved in the accident, or the specific location of the
3-8 accident].
3-9 (b) Except as provided by Subsection (c), the information is
3-10 privileged and for the confidential use of:
3-11 (1) the department; and
3-12 (2) an agency of the United States, this state, or a
3-13 local government of this state that has use for the information for
3-14 accident prevention purposes.
3-15 (c) On written request and payment of any required fee, the
3-16 department or the governmental entity shall release the information
3-17 to:
3-18 (1) an entity described by Subsection (b);
3-19 (2) the law enforcement agency that employs the peace
3-20 officer who investigated the accident and sent the information to
3-21 the department;
3-22 (3) the court in which a case involving a person
3-23 involved in the accident is pending if the report is subpoenaed; or
3-24 (4) a person who provides the department or
3-25 governmental entity with two [the name of any person involved in
3-26 the accident and one] or more of the following:
3-27 (A) the date of the accident; [or]
4-1 (B) the specific address or the highway or
4-2 street where the accident occurred; or
4-3 (C) the name of any person involved in the
4-4 accident.
4-5 (d) [The department or governmental entity shall request
4-6 information on a written form adopted by the department or the
4-7 entity to determine whether the person or entity requesting the
4-8 information is entitled to receive the information under Subsection
4-9 (c).]
4-10 [(e)] The fee for a copy of the [peace officer's] report or
4-11 accident information is $10 or the actual cost of the preparation
4-12 of the copy, whichever is greater [$4]. The copy may be certified
4-13 by the department or the governmental entity [a law enforcement
4-14 agency] for an additional fee of $5 [$2]. The department or the
4-15 governmental entity may issue a certification that no report or
4-16 information is on file for a fee of $10 [$4].
4-17 [(f) If the person or entity requesting the information is
4-18 entitled to receive the information under Subsection (c),
4-19 Subchapter F, Chapter 552, Government Code, applies in connection
4-20 with:]
4-21 [(1) making the information available to that person
4-22 or entity if the information exists in a paper record;]
4-23 [(2) providing that person or entity access to the
4-24 information if the information exists in an electronic medium or in
4-25 an electronic form; and]
4-26 [(3) providing a copy of the information to that
4-27 person or entity.]
5-1 SECTION 4. Sections 730.003(1), (4), and (6), Transportation
5-2 Code, are amended to read as follows:
5-3 (1) "Agency" includes any agency or political
5-4 subdivision of this state, or an authorized agent or contractor of
5-5 an agency or political subdivision of this state, that compiles or
5-6 maintains motor vehicle records.
5-7 (4) "Motor vehicle record" means a record that
5-8 pertains to a motor vehicle operator's or driver's license or
5-9 permit, motor vehicle registration, motor vehicle title, or
5-10 identification document issued by an agency of this state or a
5-11 local agency authorized to issue an identification document. The
5-12 term does not include:
5-13 (A) a record that pertains to a motor carrier;
5-14 or
5-15 (B) an accident report prepared under Chapter
5-16 550 or 601.
5-17 (6) "Personal information" means information that
5-18 identifies a person, including an individual's photograph or
5-19 computerized image, social security number, driver identification
5-20 number, name, address, but not the zip code, telephone number, and
5-21 medical or disability information. The term does not include:
5-22 (A) information on vehicle accidents, driving or
5-23 equipment-related violations, or driver's license or registration
5-24 status; or
5-25 (B) information contained in an accident report
5-26 prepared under Chapter 550 or 601.
5-27 SECTION 5. Sections 730.004, 730.007, and 730.013,
6-1 Transportation Code, are amended to read as follows:
6-2 Sec. 730.004. PROHIBITION ON DISCLOSURE AND USE OF PERSONAL
6-3 INFORMATION FROM MOTOR VEHICLE RECORDS. Notwithstanding any other
6-4 provision of law to the contrary, including Chapter 552, Government
6-5 Code, except as provided by Sections 730.005-730.007
6-6 [730.005-730.008], an agency may not disclose personal information
6-7 about any person obtained by the agency in connection with a motor
6-8 vehicle record.
6-9 Sec. 730.007. PERMITTED DISCLOSURES. (a) Personal
6-10 information obtained by an agency in connection with a motor
6-11 vehicle record may be disclosed to any requestor by an agency if
6-12 the requestor:
6-13 (1) provides the requestor's name and address and any
6-14 proof of that information required by the agency; and
6-15 (2) represents that the use of the personal
6-16 information will be strictly limited to:
6-17 (A) use by:
6-18 (i) a government agency, including any
6-19 court or law enforcement agency, in carrying out its functions; or
6-20 (ii) a private person or entity acting on
6-21 behalf of a government agency in carrying out the functions of the
6-22 agency;
6-23 (B) use in connection with a matter of:
6-24 (i) motor vehicle or motor vehicle
6-25 operator safety;
6-26 (ii) motor vehicle theft;
6-27 (iii) motor vehicle product alterations,
7-1 recalls, or advisories;
7-2 (iv) performance monitoring of motor
7-3 vehicles, motor vehicle parts, or motor vehicle dealers; or
7-4 (v) [motor vehicle market research
7-5 activities, including survey research; or]
7-6 [(vi)] removal of nonowner records from
7-7 the original owner records of motor vehicle manufacturers;
7-8 (C) use in the normal course of business by a
7-9 legitimate business or an authorized agent[, employee, or
7-10 contractor] of the business, but only:
7-11 (i) to verify the accuracy of personal
7-12 information submitted by the individual to the business or the [an]
7-13 agent[, employee, or contractor] of the business; and
7-14 (ii) if the information [as submitted] is
7-15 not correct [or is no longer correct], to obtain the correct
7-16 information, for the sole purpose of preventing fraud by, pursuing
7-17 a legal remedy against, or recovering on a debt or security
7-18 interest against the individual;
7-19 (D) use in conjunction with a civil, criminal,
7-20 administrative, or arbitral proceeding in any court or government
7-21 agency or before any self-regulatory body, including service of
7-22 process, investigation in anticipation of litigation, execution or
7-23 enforcement of a judgment or order, or under an order of any court;
7-24 (E) [use in research or in producing statistical
7-25 reports, but only if the personal information is not published,
7-26 redisclosed, or used to contact any individual;]
7-27 [(F)] use by an insurer or insurance support
8-1 organization, or by a self-insured entity, or an authorized agent[,
8-2 employee, or contractor] of the entity, in connection with claims
8-3 investigation activities, antifraud activities, rating, or
8-4 underwriting;
8-5 (F) [(G)] use in providing notice to an owner of
8-6 a towed or impounded vehicle;
8-7 (G) [(H)] use by a licensed private investigator
8-8 agency or licensed security service for a purpose permitted under
8-9 this section; or
8-10 (H) [(I) use by an employer or an agent or
8-11 insurer of the employer to obtain or verify information relating to
8-12 a holder of a commercial driver's license that is required under 49
8-13 U.S.C. Chapter 313;]
8-14 [(J)] use in connection with the operation of a
8-15 private toll transportation facility[;]
8-16 [(K) use for bulk distribution for surveys,
8-17 marketing, or solicitations, but only if the agency has implemented
8-18 procedures to ensure that:]
8-19 [(i) persons are provided an opportunity,
8-20 in a clear and conspicuous manner, to opt out and prohibit those
8-21 uses; and]
8-22 [(ii) the information will be used,
8-23 rented, or sold solely for bulk distribution for surveys,
8-24 marketing, or solicitations, and that surveys, marketing, or
8-25 solicitations will not be directed at any individual who has timely
8-26 requested that the material not be directed at that individual; and]
8-27 [(L) use for any other purpose specifically
9-1 authorized by law that relates to the operation of a motor vehicle
9-2 or to public safety].
9-3 (b) The only personal information an agency may release
9-4 under this section is the individual's:
9-5 (1) name and address;
9-6 (2) date of birth; and
9-7 (3) driver's license number.
9-8 (c) This section does not:
9-9 (1) prohibit the disclosure of a person's photographic
9-10 image to a law enforcement agency or a criminal justice agency for
9-11 an official purpose; or
9-12 (2) prevent a court from compelling by subpoena the
9-13 production of a person's photographic image.
9-14 (d) Personal information obtained by an agency in connection
9-15 with a motor vehicle record shall be disclosed to a requestor by an
9-16 agency if the requestor:
9-17 (1) provides the requestor's name and address and any
9-18 proof of that information required by the agency; and
9-19 (2) represents that the intent of the requestor is to
9-20 use personal information in the motor vehicle record only for the
9-21 purpose of preventing, detecting, or protecting against personal
9-22 identity theft or other acts of fraud and provides any proof of the
9-23 requestor's intent required by the agency.
9-24 (e) If the agency determines that the requestor intends to
9-25 use personal information requested under Subsection (d) only for
9-26 the represented purpose, the agency shall release to the requestor
9-27 any requested personal information in the motor vehicle record.
10-1 Sec. 730.013. RESALE OR REDISCLOSURE. (a) An authorized
10-2 recipient of personal information may not resell or redisclose the
10-3 personal information in the same or similar form the personal
10-4 information was disclosed to the recipient by the applicable
10-5 agency.
10-6 (b) An authorized recipient of personal information[, other
10-7 than a recipient under Section 730.007(a)(2)(K)(ii) or Section
10-8 730.008,] may resell or redisclose the information only for a [any]
10-9 use permitted under Section 730.007[, other than a use described by
10-10 Section 730.007(a)(2)(K)(ii)].
10-11 [(b) An authorized recipient of an individual record under
10-12 Section 730.008 may resell or redisclose personal information for
10-13 any purpose.]
10-14 (c) [An authorized recipient of personal information for
10-15 bulk distribution for surveys, marketing, or solicitations under
10-16 Section 730.007(a)(2)(K)(ii) may resell or redisclose personal
10-17 information only in compliance with the terms of that section.]
10-18 [(d)] Any authorized recipient who resells or rediscloses
10-19 personal information obtained from an agency shall be required by
10-20 that agency to:
10-21 (1) maintain for a period of not less than five years
10-22 records as to any person or entity receiving that information and
10-23 the permitted use for which it was obtained; and
10-24 (2) provide copies of [make] those records to
10-25 [available for inspection by] the agency on request.
10-26 (d) A person commits an offense if the person violates this
10-27 section. An offense under this subsection is a misdemeanor
11-1 punishable by a fine not to exceed $25,000.
11-2 SECTION 6. Chapter 730, Transportation Code, is amended by
11-3 adding Section 730.016 to read as follows:
11-4 Sec. 730.016. INELIGIBILITY OF CERTAIN PERSONS TO RECEIVE
11-5 PERSONAL INFORMATION. (a) A person who is convicted of an offense
11-6 under this chapter, or who violates a rule adopted by an agency
11-7 relating to the terms or conditions for a release of personal
11-8 information to the person, is ineligible to receive personal
11-9 information under Section 730.007.
11-10 (b) For purposes of Subsection (a), a person is considered
11-11 to have been convicted in a case if:
11-12 (1) a sentence is imposed;
11-13 (2) the defendant receives probation or deferred
11-14 adjudication; or
11-15 (3) the court defers final disposition of the case.
11-16 SECTION 7. The following laws are repealed:
11-17 (1) Sections 730.008 and 730.009, Transportation Code;
11-18 and
11-19 (2) Chapter 731, Transportation Code.
11-20 SECTION 8. (a) This Act takes effect September 1, 2001.
11-21 (b) Sections 521.050 and 521.052, Transportation Code, as
11-22 amended by this Act, apply only to the disclosure by the Texas
11-23 Department of Public Safety of driver's license information in
11-24 response to a request for the information that is made on or after
11-25 the effective date of this Act. The disclosure by the Texas
11-26 Department of Public Safety of driver's license information in
11-27 response to a request for the information that is made before the
12-1 effective date of this Act is governed by the law in effect
12-2 immediately before the effective date of this Act, and the former
12-3 law is continued in effect for that purpose.
12-4 (c) Section 550.065, Transportation Code, as amended by this
12-5 Act, applies only to the disclosure of information that relates to
12-6 a motor vehicle accident in response to a request for that
12-7 information that is made on or after the effective date of this
12-8 Act. The disclosure of motor vehicle accident information in
12-9 response to a request for that information that is made before the
12-10 effective date of this Act is governed by the law in effect
12-11 immediately before the effective date of this Act, and the former
12-12 law is continued in effect for that purpose.
12-13 (d) Sections 730.004, 730.007, and 730.013, Transportation
12-14 Code, as amended by this Act, apply only to the disclosure by an
12-15 agency or political subdivision of this state, or an agent of an
12-16 agency or political subdivision, of personal information in
12-17 response to a request for the information that is made on or after
12-18 the effective date of this Act. The disclosure by an agency or
12-19 political subdivision, or agent, in response to a request for that
12-20 information that is made before the effective date of this Act is
12-21 governed by the law in effect immediately before the effective date
12-22 of this Act, and the former law is continued in effect for that
12-23 purpose.
12-24 (e) Section 730.016, Transportation Code, as added by this
12-25 Act, applies only to a person convicted of an offense on or after
12-26 the effective date of this Act.
12-27 (f) The repeal by this Act of Chapter 731, Transportation
13-1 Code, does not affect a civil action instituted under Section
13-2 731.005 of that chapter before the effective date of this Act. A
13-3 civil action instituted under that section before the effective
13-4 date of this Act is governed by Chapter 731 of that code as it
13-5 existed immediately before the effective date of this Act.