78R4592 JD-F

By:  Pitts                                                        H.B. No. 1310



A BILL TO BE ENTITLED

AN ACT

relating to authorizing the Texas Department of Public Safety to 
enter into contracts for the periodic reporting of certain 
information in the department's driver's license files to certain 
other persons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 521, Transportation Code, 
is amended by adding Section 521.058 to read as follows:
	Sec. 521.058.  CONTRACTS FOR DISCLOSURE OF CERTAIN 
INFORMATION. (a) The department may enter into a contract with a 
person to provide the person with certain information from the 
department's driver's license files if:
		(1)  the person:                                                       
			(A)  is a motor vehicle insurance company, a motor 
vehicle insurance support organization, or an entity that 
self-insures its motor vehicles; and
			(B)  is eligible to receive the information under 
Chapter 730; and  
		(2)  the information is requested in connection with 
one or more of the following:
			(A)  claims investigation activities;                                 
			(B)  antifraud activities; or                                         
			(C)  insurance rating or underwriting.                                
	(b)  Information provided under Subsection (a) must:                    
		(1)  be authorized to be released under Section 521.045 
or 521.046; and
		(2)  relate to the current license status of 
individuals, traffic law convictions of individuals, or 
suspension, revocation, or denial actions in connection with 
individuals' driver's licenses that occur during the period 
specified in the contract.
	(c)  A contract entered into under this section must require:           
		(1)  the person who will receive a report from the 
department under the contract to:
			(A)  provide the department with a list containing  
the driver's license number or the full name and date of birth of 
each individual about whom information is requested; and
			(B)  agree to purchase under Section 521.056 the  
three-year driving record of each individual included in a report 
received from the department; and
		(2)  the department to:                                                
			(A)  search the department's driver's license 
databases to determine which of the individuals on the list 
submitted have had a conviction, suspension, or revocation activity 
posted during the period specified in the contract; and
			(B)  provide a report to the person who submitted 
the list of the name, date of birth, and driver's license number of 
the driver.
	(d)  The fee for a report provided by the department under 
Subsection (c) is $6 for each group of 100 individuals.  The fee for 
the report is in addition to the fee for each three-year driving 
record provided by the department with the report.
	(e)  The department may require a person entering into a 
contract with the department under this section to provide the 
department with a certified check, cashier's check, or bond issued 
by a surety company authorized to do business in this state in an 
amount equal to the first payment due under the contract to 
guarantee the person's performance under the contract.
	(f)  To the fullest extent practicable, the services of the 
department under a contract entered into under this section shall 
be provided by, through, or in conjunction with the interactive 
system established under Section 521.055.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.