1-1 By: Uher, et al. (Senate Sponsor - Moncrief) H.B. No. 1544
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on State
1-4 Affairs; May 11, 2001, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the release of certain personal information from motor
1-9 vehicle records and information relating to motor vehicle accident
1-10 reports; providing penalties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Sections 521.050(b)-(d), Transportation Code, are
1-13 amended to read as follows:
1-14 (b) [A magnetic tape provided under this section may contain
1-15 only the names, addresses, and dates of birth of individuals who
1-16 have not prohibited the disclosure of personal information relating
1-17 to those individuals under Section 521.052 and Chapter 730.]
1-18 [(c)] The department may also periodically provide to the
1-19 purchaser of the information any addition to that file.
1-20 (c) The department shall impose and collect a fee of:
1-21 (1) $10,000 for each magnetic tape provided under
1-22 Subsection (a); and
1-23 (2) if the department provides a weekly update of the
1-24 information on the tape, $200 for each update.
1-25 [(d) Before the department may provide information under
1-26 Subsection (a), the purchaser must agree to delete the name,
1-27 address, and date of birth of an individual whose name is also
1-28 included on the mail or telephone preference list maintained by a
1-29 recognized trade association that is used to remove the name of an
1-30 individual who has requested that the individual's name not be made
1-31 available for solicitation purposes.]
1-32 SECTION 2. Section 521.052, Transportation Code, is amended
1-33 to read as follows:
1-34 Sec. 521.052. DISCLOSURE OF INDIVIDUAL INFORMATION
1-35 PROHIBITED. [(a)] Except as provided by Sections 521.045,
1-36 521.046, 521.049(c), [and] 521.050, and 601.022, and by Chapter
1-37 730, the department may not disclose information from the
1-38 department's files that relates to personal information, as that
1-39 term is defined by Section 730.003.
1-40 [(b) The department shall provide written notice to each
1-41 applicant for an original or renewal license or personal
1-42 identification certificate, or a duplicate or corrected license or
1-43 certificate, that the applicant is entitled to prohibit disclosure
1-44 of personal information under Chapter 730 and is entitled to
1-45 execute a statement that prohibits public access to personal
1-46 information relating to the applicant.]
1-47 [(c) An individual may at any time revoke a statement
1-48 executed under Subsection (a) or (b). Revocation of an executed
1-49 statement must be in writing in the manner prescribed by the
1-50 department.]
1-51 SECTION 3. Section 550.065, Transportation Code, is amended
1-52 to read as follows:
1-53 Sec. 550.065. RELEASE OF [ACCIDENT REPORTS AND] CERTAIN
1-54 INFORMATION RELATING TO ACCIDENTS. (a) This section applies only
1-55 to information that is held by the department or another
1-56 governmental entity and relates to a motor vehicle accident
1-57 reported under this chapter or Section 601.004[, including:]
1-58 [(1) information reported under this chapter, Section
1-59 601.004, or Chapter 772, Health and Safety Code;]
1-60 [(2) information contained in a dispatch log, towing
1-61 record, or a record of a 9-1-1 service provider; and]
1-62 [(3) the part of any other record that includes
1-63 information relating to the date of the accident, the name of any
1-64 person involved in the accident, or the specific location of the
2-1 accident].
2-2 (b) Except as provided by Subsection (c), the information is
2-3 privileged and for the confidential use of:
2-4 (1) the department; and
2-5 (2) an agency of the United States, this state, or a
2-6 local government of this state that has use for the information for
2-7 accident prevention purposes.
2-8 (c) On written request and payment of any required fee, the
2-9 department or the governmental entity shall release the information
2-10 to:
2-11 (1) an entity described by Subsection (b);
2-12 (2) the law enforcement agency that employs the peace
2-13 officer who investigated the accident and sent the information to
2-14 the department;
2-15 (3) the court in which a case involving a person
2-16 involved in the accident is pending if the report is subpoenaed; or
2-17 (4) a person who provides the department or
2-18 governmental entity with two [the name of any person involved in
2-19 the accident and one] or more of the following:
2-20 (A) the date of the accident; [or]
2-21 (B) the specific address or the highway or
2-22 street where the accident occurred; or
2-23 (C) the name of any person involved in the
2-24 accident.
2-25 (d) [The department or governmental entity shall request
2-26 information on a written form adopted by the department or the
2-27 entity to determine whether the person or entity requesting the
2-28 information is entitled to receive the information under Subsection
2-29 (c).]
2-30 [(e)] The fee for a copy of the [peace officer's] report or
2-31 accident information is $10 or the actual cost of the preparation
2-32 of the copy, whichever is greater [$4]. The copy may be certified
2-33 by the department or the governmental entity [a law enforcement
2-34 agency] for an additional fee of $5 [$2]. The department or the
2-35 governmental entity may issue a certification that no report or
2-36 information is on file for a fee of $10 [$4].
2-37 [(f) If the person or entity requesting the information is
2-38 entitled to receive the information under Subsection (c),
2-39 Subchapter F, Chapter 552, Government Code, applies in connection
2-40 with:]
2-41 [(1) making the information available to that person
2-42 or entity if the information exists in a paper record;]
2-43 [(2) providing that person or entity access to the
2-44 information if the information exists in an electronic medium or in
2-45 an electronic form; and]
2-46 [(3) providing a copy of the information to that
2-47 person or entity.]
2-48 SECTION 4. Sections 730.003(1), (4), and (6), Transportation
2-49 Code, are amended to read as follows:
2-50 (1) "Agency" includes any agency or political
2-51 subdivision of this state, or an authorized agent or contractor of
2-52 an agency or political subdivision of this state, that compiles or
2-53 maintains motor vehicle records.
2-54 (4) "Motor vehicle record" means a record that
2-55 pertains to a motor vehicle operator's or driver's license or
2-56 permit, motor vehicle registration, motor vehicle title, or
2-57 identification document issued by an agency of this state or a
2-58 local agency authorized to issue an identification document. The
2-59 term does not include:
2-60 (A) a record that pertains to a motor carrier;
2-61 or
2-62 (B) an accident report prepared under Chapter
2-63 550 or 601.
2-64 (6) "Personal information" means information that
2-65 identifies a person, including an individual's photograph or
2-66 computerized image, social security number, driver identification
2-67 number, name, address, but not the zip code, telephone number, and
2-68 medical or disability information. The term does not include:
2-69 (A) information on vehicle accidents, driving or
3-1 equipment-related violations, or driver's license or registration
3-2 status; or
3-3 (B) information contained in an accident report
3-4 prepared under Chapter 550 or 601.
3-5 SECTION 5. Sections 730.004, 730.007, and 730.013,
3-6 Transportation Code, are amended to read as follows:
3-7 Sec. 730.004. PROHIBITION ON DISCLOSURE AND USE OF PERSONAL
3-8 INFORMATION FROM MOTOR VEHICLE RECORDS. Notwithstanding any other
3-9 provision of law to the contrary, including Chapter 552, Government
3-10 Code, except as provided by Sections 730.005-730.007
3-11 [730.005-730.008], an agency may not disclose personal information
3-12 about any person obtained by the agency in connection with a motor
3-13 vehicle record.
3-14 Sec. 730.007. PERMITTED DISCLOSURES. (a) Personal
3-15 information obtained by an agency in connection with a motor
3-16 vehicle record may be disclosed to any requestor by an agency if
3-17 the requestor:
3-18 (1) provides the requestor's name and address and any
3-19 proof of that information required by the agency; and
3-20 (2) represents that the use of the personal
3-21 information will be strictly limited to:
3-22 (A) use by:
3-23 (i) a government agency, including any
3-24 court or law enforcement agency, in carrying out its functions; or
3-25 (ii) a private person or entity acting on
3-26 behalf of a government agency in carrying out the functions of the
3-27 agency;
3-28 (B) use in connection with a matter of:
3-29 (i) motor vehicle or motor vehicle
3-30 operator safety;
3-31 (ii) motor vehicle theft;
3-32 (iii) motor vehicle product alterations,
3-33 recalls, or advisories;
3-34 (iv) performance monitoring of motor
3-35 vehicles, motor vehicle parts, or motor vehicle dealers; or
3-36 (v) [motor vehicle market research
3-37 activities, including survey research; or]
3-38 [(vi)] removal of nonowner records from
3-39 the original owner records of motor vehicle manufacturers;
3-40 (C) use in the normal course of business by a
3-41 legitimate business or an authorized agent[, employee, or
3-42 contractor] of the business, but only:
3-43 (i) to verify the accuracy of personal
3-44 information submitted by the individual to the business or the [an]
3-45 agent[, employee, or contractor] of the business; and
3-46 (ii) if the information [as submitted] is
3-47 not correct [or is no longer correct], to obtain the correct
3-48 information, for the sole purpose of preventing fraud by, pursuing
3-49 a legal remedy against, or recovering on a debt or security
3-50 interest against the individual;
3-51 (D) use in conjunction with a civil, criminal,
3-52 administrative, or arbitral proceeding in any court or government
3-53 agency or before any self-regulatory body, including service of
3-54 process, investigation in anticipation of litigation, execution or
3-55 enforcement of a judgment or order, or under an order of any court;
3-56 (E) use in research or in producing statistical
3-57 reports, but only if the personal information is not published,
3-58 redisclosed, or used to contact any individual;
3-59 (F) use by an insurer or insurance support
3-60 organization, or by a self-insured entity, or an authorized agent[,
3-61 employee, or contractor] of the entity, in connection with claims
3-62 investigation activities, antifraud activities, rating, or
3-63 underwriting;
3-64 (G) use in providing notice to an owner of a
3-65 towed or impounded vehicle or to an owner of a vehicle that is
3-66 illegally parked;
3-67 (H) use by a licensed private investigator
3-68 agency or licensed security service for a purpose permitted under
3-69 this section;
4-1 (I) use in providing notice to an owner or
4-2 lienholder of a vehicle that is subject to a pending foreclosure of
4-3 a statutory or contractual lien [use by an employer or an agent or
4-4 insurer of the employer to obtain or verify information relating to
4-5 a holder of a commercial driver's license that is required under 49
4-6 U.S.C. Chapter 313]; or
4-7 (J) use in connection with the operation of a
4-8 private toll transportation facility[;]
4-9 [(K) use for bulk distribution for surveys,
4-10 marketing, or solicitations, but only if the agency has implemented
4-11 procedures to ensure that:]
4-12 [(i) persons are provided an opportunity,
4-13 in a clear and conspicuous manner, to opt out and prohibit those
4-14 uses; and]
4-15 [(ii) the information will be used,
4-16 rented, or sold solely for bulk distribution for surveys,
4-17 marketing, or solicitations, and that surveys, marketing, or
4-18 solicitations will not be directed at any individual who has timely
4-19 requested that the material not be directed at that individual; and]
4-20 [(L) use for any other purpose specifically
4-21 authorized by law that relates to the operation of a motor vehicle
4-22 or to public safety].
4-23 (b) The only personal information an agency may release
4-24 under this section is the individual's:
4-25 (1) name and address;
4-26 (2) date of birth; and
4-27 (3) driver's license number.
4-28 (c) This section does not:
4-29 (1) prohibit the disclosure of a person's photographic
4-30 image to:
4-31 (A) a law enforcement agency or a criminal
4-32 justice agency for an official purpose; or
4-33 (B) an agency of this state investigating an
4-34 alleged violation of a state or federal law relating to the
4-35 obtaining, selling, or purchasing of a benefit authorized by
4-36 Chapter 31 or 33, Human Resources Code; or
4-37 (2) prevent a court from compelling by subpoena the
4-38 production of a person's photographic image.
4-39 (d) Personal information obtained by an agency in connection
4-40 with a motor vehicle record shall be disclosed to a requestor by an
4-41 agency if the requestor:
4-42 (1) provides the requestor's name and address and any
4-43 proof of that information required by the agency; and
4-44 (2) represents that the intent of the requestor is to
4-45 use personal information in the motor vehicle record only for the
4-46 purpose of preventing, detecting, or protecting against personal
4-47 identity theft or other acts of fraud and provides any proof of the
4-48 requestor's intent required by the agency.
4-49 (e) If the agency determines that the requestor intends to
4-50 use personal information requested under Subsection (d) only for
4-51 the represented purpose, the agency shall release to the requestor
4-52 any requested personal information in the motor vehicle record.
4-53 Sec. 730.013. RESALE OR REDISCLOSURE. (a) An authorized
4-54 recipient of personal information may not resell or redisclose the
4-55 personal information in the identical or a substantially identical
4-56 format the personal information was disclosed to the recipient by
4-57 the applicable agency.
4-58 (b) An authorized recipient of personal information[, other
4-59 than a recipient under Section 730.007(a)(2)(K)(ii) or Section
4-60 730.008,] may resell or redisclose the information only for a [any]
4-61 use permitted under Section 730.007[, other than a use described by
4-62 Section 730.007(a)(2)(K)(ii)].
4-63 [(b) An authorized recipient of an individual record under
4-64 Section 730.008 may resell or redisclose personal information for
4-65 any purpose.]
4-66 (c) [An authorized recipient of personal information for
4-67 bulk distribution for surveys, marketing, or solicitations under
4-68 Section 730.007(a)(2)(K)(ii) may resell or redisclose personal
4-69 information only in compliance with the terms of that section.]
5-1 [(d)] Any authorized recipient who resells or rediscloses
5-2 personal information obtained from an agency shall be required by
5-3 that agency to:
5-4 (1) maintain for a period of not less than five years
5-5 records as to any person or entity receiving that information and
5-6 the permitted use for which it was obtained; and
5-7 (2) provide copies of [make] those records to
5-8 [available for inspection by] the agency on request.
5-9 (d) A person commits an offense if the person violates this
5-10 section. An offense under this subsection is a misdemeanor
5-11 punishable by a fine not to exceed $25,000.
5-12 SECTION 6. Chapter 730, Transportation Code, is amended by
5-13 adding Section 730.016 to read as follows:
5-14 Sec. 730.016. INELIGIBILITY OF CERTAIN PERSONS TO RECEIVE
5-15 PERSONAL INFORMATION. (a) A person who is convicted of an offense
5-16 under this chapter, or who violates a rule adopted by an agency
5-17 relating to the terms or conditions for a release of personal
5-18 information to the person, is ineligible to receive personal
5-19 information under Section 730.007.
5-20 (b) For purposes of Subsection (a), a person is considered
5-21 to have been convicted in a case if:
5-22 (1) a sentence is imposed;
5-23 (2) the defendant receives probation or deferred
5-24 adjudication; or
5-25 (3) the court defers final disposition of the case.
5-26 SECTION 7. The following laws are repealed:
5-27 (1) Sections 730.008 and 730.009, Transportation Code;
5-28 and
5-29 (2) Chapter 731, Transportation Code.
5-30 SECTION 8. (a) This Act takes effect September 1, 2001.
5-31 (b) Sections 521.050 and 521.052, Transportation Code, as
5-32 amended by this Act, apply only to the disclosure by the Texas
5-33 Department of Public Safety of driver's license information in
5-34 response to a request for the information that is made on or after
5-35 the effective date of this Act. The disclosure by the Texas
5-36 Department of Public Safety of driver's license information in
5-37 response to a request for the information that is made before the
5-38 effective date of this Act is governed by the law in effect
5-39 immediately before the effective date of this Act, and the former
5-40 law is continued in effect for that purpose.
5-41 (c) Section 550.065, Transportation Code, as amended by this
5-42 Act, applies only to the disclosure of information that relates to
5-43 a motor vehicle accident in response to a request for that
5-44 information that is made on or after the effective date of this
5-45 Act. The disclosure of motor vehicle accident information in
5-46 response to a request for that information that is made before the
5-47 effective date of this Act is governed by the law in effect
5-48 immediately before the effective date of this Act, and the former
5-49 law is continued in effect for that purpose.
5-50 (d) Sections 730.004, 730.007, and 730.013, Transportation
5-51 Code, as amended by this Act, apply only to the disclosure by an
5-52 agency or political subdivision of this state, or an agent of an
5-53 agency or political subdivision, of personal information in
5-54 response to a request for the information that is made on or after
5-55 the effective date of this Act. The disclosure by an agency or
5-56 political subdivision, or agent, in response to a request for that
5-57 information that is made before the effective date of this Act is
5-58 governed by the law in effect immediately before the effective date
5-59 of this Act, and the former law is continued in effect for that
5-60 purpose.
5-61 (e) Section 730.016, Transportation Code, as added by this
5-62 Act, applies only to a person convicted of an offense on or after
5-63 the effective date of this Act.
5-64 (f) The repeal by this Act of Chapter 731, Transportation
5-65 Code, does not affect a civil action instituted under Section
5-66 731.005 of that chapter before the effective date of this Act. A
5-67 civil action instituted under that section before the effective
5-68 date of this Act is governed by Chapter 731 of that code as it
5-69 existed immediately before the effective date of this Act.
6-1 * * * * *