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.