By Uher                                               H.B. No. 1544
         77R6247 JD-F                           
                                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           [(d)  Before the department may provide information under
1-15     Subsection (a), the purchaser must agree to delete the name,
1-16     address, and date of birth of an individual whose name is also
1-17     included on the mail or telephone preference list maintained by a
1-18     recognized trade association that is used to remove the name of an
1-19     individual who has requested that the individual's name not be made
1-20     available for solicitation purposes.]
1-21           SECTION 2. Sections 521.052(a)-(c), Transportation Code, are
1-22     amended to read as follows:
1-23           [(a)]  Except as provided by Sections 521.045, 521.046,
1-24     521.049(c), [and] 521.050, and 601.022, and by Chapter 730, the
 2-1     department may not disclose information from the department's files
 2-2     that relates to personal information, as that term is defined by
 2-3     Section 730.003.
 2-4           [(b)  The department shall provide written notice to each
 2-5     applicant for an original or renewal license or personal
 2-6     identification certificate, or a duplicate or corrected license or
 2-7     certificate, that the applicant is entitled to prohibit disclosure
 2-8     of personal information under Chapter 730 and is entitled to
 2-9     execute a statement that prohibits public access to personal
2-10     information relating to the applicant.]
2-11           [(c)  An individual may at any time revoke a statement
2-12     executed under Subsection (a) or (b).  Revocation of an executed
2-13     statement must be in writing in the manner prescribed by the
2-14     department.]
2-15           SECTION 3. Section 550.065, Transportation Code, is amended
2-16     to read as follows:
2-17           Sec. 550.065.  RELEASE OF [ACCIDENT REPORTS AND] CERTAIN
2-18     INFORMATION RELATING TO ACCIDENTS. (a)  This section applies only
2-19     to information that is held by the department or another
2-20     governmental entity and relates to a motor vehicle accident
2-21     reported under this chapter or Section 601.004 [, including:]
2-22                 [(1)  information reported under this chapter, Section
2-23     601.004, or Chapter 772, Health and Safety Code;]
2-24                 [(2)  information contained in a dispatch log, towing
2-25     record, or a record of a 9-1-1 service provider; and]
2-26                 [(3)  the part of any other record that includes
2-27     information relating to the date of the accident, the name of any
 3-1     person involved in the accident, or the specific location of the
 3-2     accident].
 3-3           (b)  Except as provided by Subsection (c), the information is
 3-4     privileged and for the confidential use of:
 3-5                 (1)  the department; and
 3-6                 (2)  an agency of the United States, this state, or a
 3-7     local government of this state that has use for the information for
 3-8     accident prevention purposes.
 3-9           (c)  On written request and payment of any required fee, the
3-10     department or the governmental entity shall release the information
3-11     to:
3-12                 (1)  an entity described by Subsection (b);
3-13                 (2)  the law enforcement agency that employs the peace
3-14     officer who investigated the accident and sent the information to
3-15     the department;
3-16                 (3)  the court in which a case involving a person
3-17     involved in the accident is pending if the report is subpoenaed; or
3-18                 (4)  a person who provides the department or
3-19     governmental entity with two [the name of any person involved in
3-20     the accident and one] or more of the following:
3-21                       (A)  the date of the accident; [or]
3-22                       (B)  the specific location of [address or the
3-23     highway or street where] the accident; or
3-24                       (C)  the name of any person involved in the
3-25     accident [occurred].
3-26           (d)  [The department or governmental entity shall request
3-27     information on a written form adopted by the department or the
 4-1     entity to determine whether the person or entity requesting the
 4-2     information is entitled to receive the information under Subsection
 4-3     (c).]
 4-4           [(e)]  The fee for a copy of the accident [peace officer's]
 4-5     report is $4. The copy may be certified by the department or the
 4-6     governmental entity [a law enforcement agency] for an additional
 4-7     fee of $2.  The department or the governmental entity may issue a
 4-8     certification that no report is on file for a fee of $4.
 4-9           [(f)  If the person or entity requesting the information is
4-10     entitled to receive the information under Subsection (c),
4-11     Subchapter F, Chapter 552, Government Code, applies in connection
4-12     with:]
4-13                 [(1)  making the information available to that person
4-14     or entity if the information exists in a paper record;]
4-15                 [(2)  providing that person or entity access to the
4-16     information if the information exists in an electronic medium or in
4-17     an electronic form; and]
4-18                 [(3)  providing a copy of the information to that
4-19     person or entity.]
4-20           SECTION 4. Sections 730.003(1), (4), and (6), Transportation
4-21     Code, are amended to read as follows:
4-22                 (1)  "Agency" includes any agency or political
4-23     subdivision of this state, or an authorized agent or contractor of
4-24     an agency or political subdivision of this state, that compiles or
4-25     maintains motor vehicle records.
4-26                 (4)  "Motor vehicle record" means a record that
4-27     pertains to a motor vehicle operator's or driver's license or
 5-1     permit, motor vehicle registration, motor vehicle title, or
 5-2     identification document issued by an agency of this state or a
 5-3     local agency authorized to issue an identification document.  The
 5-4     term does not include:
 5-5                       (A)  a record that pertains to a motor carrier;
 5-6     or
 5-7                       (B)  an accident report prepared under Chapter
 5-8     550 or 601.
 5-9                 (6)  "Personal information" means information that
5-10     identifies a person, including an individual's photograph or
5-11     computerized image, social security number, driver identification
5-12     number, name, address, but not the zip code, telephone number, and
5-13     medical or disability information.  The term does not include:
5-14                       (A)  information on vehicle accidents, driving or
5-15     equipment-related violations, or driver's license or registration
5-16     status; or
5-17                       (B)  information contained in an accident report
5-18     prepared under Chapter 550 or 601.
5-19           SECTION 5. Sections 730.004, 730.007, and 730.013,
5-20     Transportation Code, are amended to read as follows:
5-21           Sec. 730.004.  PROHIBITION ON DISCLOSURE AND USE OF PERSONAL
5-22     INFORMATION FROM MOTOR VEHICLE RECORDS. Notwithstanding any other
5-23     provision of law to the contrary, including Chapter 552, Government
5-24     Code, except as provided by Sections 730.005-730.007
5-25     [730.005-730.008], an agency may not disclose personal information
5-26     about any person obtained by the agency in connection with a motor
5-27     vehicle record.
 6-1           Sec. 730.007.  PERMITTED DISCLOSURES. (a)  Personal
 6-2     information obtained by an agency in connection with a motor
 6-3     vehicle record may be disclosed to any requestor by an agency if
 6-4     the requestor:
 6-5                 (1)  provides the requestor's name and address and any
 6-6     proof of that information required by the agency; and
 6-7                 (2)  represents that the use of the personal
 6-8     information will be strictly limited to:
 6-9                       (A)  use by:
6-10                             (i)  a government agency, including any
6-11     court or law enforcement agency, in carrying out its functions; or
6-12                             (ii)  a private person or entity acting on
6-13     behalf of a government agency in carrying out the functions of the
6-14     agency;
6-15                       (B)  use in connection with a matter of:
6-16                             (i)  motor vehicle or motor vehicle
6-17     operator safety;
6-18                             (ii)  motor vehicle theft;
6-19                             (iii)  motor vehicle product alterations,
6-20     recalls, or advisories;
6-21                             (iv)  performance monitoring of motor
6-22     vehicles, motor vehicle parts, or motor vehicle dealers;
6-23                             (v)  motor vehicle market research
6-24     activities, including survey research; or
6-25                             (vi)  removal of nonowner records from the
6-26     original owner records of motor vehicle manufacturers;
6-27                       (C)  use in the normal course of business by a
 7-1     legitimate business or an agent, employee, or contractor of the
 7-2     business, but only:
 7-3                             (i)  to verify the accuracy of personal
 7-4     information submitted by the individual to the business or an
 7-5     agent, employee, or contractor of the business; and
 7-6                             (ii)  if the information as submitted is
 7-7     not correct or is no longer correct, to obtain the correct
 7-8     information, for the sole purpose of preventing fraud by, pursuing
 7-9     a legal remedy against, or recovering on a debt or security
7-10     interest against the individual;
7-11                       (D)  use in conjunction with a civil, criminal,
7-12     administrative, or arbitral proceeding in any court or government
7-13     agency or before any self-regulatory body, including service of
7-14     process, investigation in anticipation of litigation, execution or
7-15     enforcement of a judgment or order, or under an order of any court;
7-16                       (E)  use in research or in producing statistical
7-17     reports, but only if the personal information is not published,
7-18     redisclosed, or used to contact any individual;
7-19                       (F)  use by an insurer or insurance support
7-20     organization, or by a self-insured entity, or an agent, employee,
7-21     or contractor of the entity, in connection with claims
7-22     investigation activities, antifraud activities, rating, or
7-23     underwriting;
7-24                       (G)  use in providing notice to an owner of a
7-25     towed or impounded vehicle;
7-26                       (H)  use by a licensed private investigator
7-27     agency or licensed security service for a purpose permitted under
 8-1     this section;
 8-2                       (I)  use by an employer or an agent or insurer of
 8-3     the employer to obtain or verify information relating to a holder
 8-4     of a commercial driver's license that is required under 49 U.S.C.
 8-5     Chapter 313;
 8-6                       (J)  use in connection with the operation of a
 8-7     private toll transportation facility; and
 8-8                       (K)  [use for bulk distribution for surveys,
 8-9     marketing, or solicitations, but only if the agency has implemented
8-10     procedures to ensure that:]
8-11                             [(i)  persons are provided an opportunity,
8-12     in a clear and conspicuous manner, to opt out and prohibit those
8-13     uses; and]
8-14                             [(ii)  the information will be used,
8-15     rented, or sold solely for bulk distribution for surveys,
8-16     marketing, or solicitations, and that surveys, marketing, or
8-17     solicitations will not be directed at any individual who has timely
8-18     requested that the material not be directed at that individual; and]
8-19                       [(L)]  use for any other purpose specifically
8-20     authorized by law that relates to the operation of a motor vehicle
8-21     or to public safety.
8-22           (b)  The only personal information an agency may release
8-23     under Subsection (a)(2) [this section] is the individual's:
8-24                 (1)  name and address;
8-25                 (2)  date of birth; and
8-26                 (3)  driver's license number.
8-27           (c)  This section does not:
 9-1                 (1)  prohibit the disclosure of a person's photographic
 9-2     image to a law enforcement agency or a criminal justice agency for
 9-3     an official purpose; or
 9-4                 (2)  prevent a court from compelling by subpoena the
 9-5     production of a person's photographic image.
 9-6           Sec. 730.013.  RESALE OR REDISCLOSURE. (a)  An authorized
 9-7     recipient of personal information[, other than a recipient under
 9-8     Section 730.007(a)(2)(K)(ii) or Section 730.008,] may resell or
 9-9     redisclose the information only for a [any] use permitted under
9-10     Section 730.007[, other than a use described by Section
9-11     730.007(a)(2)(K)(ii)].
9-12           (b)  [An authorized recipient of an individual record under
9-13     Section 730.008 may resell or redisclose personal information for
9-14     any purpose.]
9-15           [(c)  An authorized recipient of personal information for
9-16     bulk distribution for surveys, marketing, or solicitations under
9-17     Section 730.007(a)(2)(K)(ii) may resell or redisclose personal
9-18     information only in compliance with the terms of that section.]
9-19           [(d)]  Any authorized recipient who resells or rediscloses
9-20     personal information obtained from an agency shall be required by
9-21     that agency to:
9-22                 (1)  maintain for a period of not less than five years
9-23     records as to any person or entity receiving that information and
9-24     the permitted use for which it was obtained; and
9-25                 (2)  provide copies of [make] those records to
9-26     [available for inspection by] the agency on request.
9-27           (c)  A person commits an offense if the person violates this
 10-1    section.  An offense under this subsection is a Class A
 10-2    misdemeanor.
 10-3          SECTION 6. Chapter 730, Transportation Code, is amended by
 10-4    adding Section 730.016 to read as follows:
 10-5          Sec. 730.016.  INELIGIBILITY OF CERTAIN PERSONS TO RECEIVE
 10-6    PERSONAL INFORMATION. (a)  A person who is convicted of an offense
 10-7    under this chapter, or who violates a rule adopted by an agency
 10-8    relating to the terms or conditions for a release of personal
 10-9    information to the person, is ineligible to receive personal
10-10    information under Section 730.007.
10-11          (b)  For purposes of Subsection (a), a person is considered
10-12    to have been convicted in a case if:
10-13                (1)  a sentence is imposed;
10-14                (2)  the defendant receives probation or deferred
10-15    adjudication; or
10-16                (3)  the court defers final disposition of the case.
10-17          SECTION 7. The following laws are repealed:
10-18                (1)  Sections 730.008 and 730.009, Transportation Code;
10-19    and
10-20                (2)  Chapter 731, Transportation Code.
10-21          SECTION 8. (a)  This Act takes effect September 1, 2001.
10-22          (b)  Sections 521.050 and 521.052, Transportation Code, as
10-23    amended by this Act, apply only to the disclosure by the Department
10-24    of Public Safety of driver's license information in response to a
10-25    request for the information that is made on or after the effective
10-26    date of this Act.  The disclosure by the Department of Public
10-27    Safety of driver's license information in response to a request for
 11-1    the information that is made before the effective date of this Act
 11-2    is governed by the law in effect immediately before the effective
 11-3    date of this Act, and the former law is continued in effect for
 11-4    that purpose.
 11-5          (c)  Section 550.065, Transportation Code, as amended by this
 11-6    Act, applies only to the disclosure of information that relates to
 11-7    a motor vehicle accident in response to a request for that
 11-8    information that is made on or after the effective date of this
 11-9    Act.  The disclosure of motor vehicle accident information in
11-10    response to a request for that information that is made before the
11-11    effective date of this Act is governed by the law in effect
11-12    immediately before the effective date of this Act, and the former
11-13    law is continued in effect for that purpose.
11-14          (d)  Sections 730.004, 730.007, and 730.013, Transportation
11-15    Code, as amended by this Act, apply only to the disclosure by an
11-16    agency or political subdivision of this state, or an agent of an
11-17    agency or political subdivision, of personal information in
11-18    response to a request for the information that is made on or after
11-19    the effective date of this Act.  The disclosure by an agency,
11-20    political subdivision, or agent, in response to a request for that
11-21    information that is made before the effective date of this Act is
11-22    governed by the law in effect immediately before the effective date
11-23    of this Act, and the former law is continued in effect for that
11-24    purpose.
11-25          (e)  Section 730.016, Transportation Code, as added by this
11-26    Act, applies only to a person convicted of an offense on or after
11-27    the effective date of this Act.
 12-1          (f)  The repeal by this Act of Chapter 731, Transportation
 12-2    Code, does not affect a civil action instituted under Section
 12-3    731.005 of that chapter before the effective date of this Act.  A
 12-4    civil suit instituted under that section before the effective date
 12-5    of this Act is governed by Chapter 731 of that code immediately
 12-6    before the effective date of this Act.