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


Senate Research Center   S.B. 1526
By: Brimer
Business & Commerce
4/5/2003
As Filed


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.  As proposed, 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 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 Section 348.502, Finance Code, by adding Subsections
(c) and (d), as follows: 

(c)  Provides that information contained in an application or other
information relating to a license holder or license applicant on file with
the consumer credit commissioner (CCC)  is not a public record, is
confidential, and, except as required by court order, is not subject to
public inspection under this or other law. 

(d)  Prohibits the CCC, notwithstanding the terms of this code or other
law, from  
requiring the production of fingerprints of a person who is not regularly
and actively engaged in the conduct of the business of the applicant or
license holder or from suspending revoking, or refusing to grant a license
based on the failure of the applicant or license holder to produce the
fingerprints of a person who is not regularly and actively engaged in the
conduct of the business of the applicant or license holder. 

SECTION 2.  Effective date:  September 1, 2003.