SRC-LBB S.B. 1526 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1526
By: Brimer
Business & Commerce
6/24/2003
Enrolled


DIGEST AND PURPOSE 

Currently, information contained in an application for a motor vehicle
sales finance license issued by the Office of Consumer Credit Commissioner
(CCC) is not confidential and could be subject to open records requests.
The CCC may require, as part of an application for a license, that auto
dealerships provide fingerprints of persons not involved in the direct
sale or finance of vehicles.  S.B. 1526  provides that information
contained in an application for license issued by the CCC or relating to a
license holder is confidential and not public record.  This bill also
prohibits the CCC from requiring fingerprints of a person who is not
regularly and actively engaged in the conduct of motor vehicle sales
finance, or suspending, revoking, or refusing to grant a license based on
failure to produce fingerprints. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 348, Finance Code, by adding
Section 348.013, as follows: 
 
Sec.  348.013.  CONFIDENTIALITY OF CERTAIN INFORMATION.  (a)  Provides
that, except as provided by Subsection (b), information contained in an
application for a license under Section 348.502 or other application
information relating to a license holder or license applicant that is on
file with the consumer credit commissioner (CCC)  is confidential and not
open to public inspection.  

(b)  Authorizes information made confidential by this section to be
disclosed in a judicial or administrative proceeding pursuant to a lawful
subpoena. 

SECTION 2.  Amends Subchapter F, Chapter 348, Finance Code, by adding
Section 348.5045, as follows: 

 Sec.  348.5045.  FINGERPRINTS.  Prohibits the CCC from performing certain
activities. 

SECTION 3.  Effective date:  September 1, 2003.