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.