80R3405 JD-D
 
  By: Chisum H.B. No. 1439
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the Texas Department of Public Safety to
establish a driver record monitoring pilot program and enter into
contracts for the periodic reporting of certain information in the
department's driver's license files.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter C, Chapter 521, Transportation Code,
is amended by adding Section 521.060 to read as follows:
       Sec. 521.060.  DRIVER RECORD MONITORING PILOT PROGRAM. (a)
The department by rule may establish a driver record monitoring
pilot program. The term of the pilot program may not exceed one
year.
       (b)  Under the pilot program, the department may enter into a
contract with a person to provide driver record monitoring
services, as described by Subsection (c), and certain information
from the department's driver's license records to the person, if the
person:
             (1)  is an employer, an insurer, an insurance support
organization, an employer support organization, or an entity that
self-insures its motor vehicles; and
             (2)  is eligible to receive the information under
Chapter 730.
       (c)  A contract entered into by the department must require:
             (1)  the department, during the term of the contract,
to:
                   (A)  monitor the driver record of each holder of a
driver's license issued by the department that is requested by the
person with whom the department has contracted;
                   (B)  identify any change in the status of a
driver's license or any conviction for a traffic offense reported
to the department; and
                   (C)  periodically, as specified in the contract,
provide reports of those changes in status and those convictions to
the person with whom the department has contracted; and
             (2)  the person with whom the department has contracted
to purchase under Section 521.046 a copy of the driver record of
each individual identified in a report provided under Subsection
(c)(1)(C).
       (d)  The department shall impose a fee on each person with
whom the department contracts under this section for the services
provided by the department under the contract. The fee must be
reasonable and be not less than the amount necessary to allow the
department to recover all reasonable costs to the department
associated with entering into the contract and providing services
to the person under the contract, including direct, indirect, and
administrative costs and costs related to the development and
deployment of the pilot program.
       (e)  The department may establish a reasonable deadline by
which a person must apply to enter into a contract with the
department under this section and may not enter into a contract with
a person who fails to apply before that deadline.
       (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.
       (g)  At the conclusion of the term of the pilot program, and
on the recommendation of the department, the commission may
authorize the department to implement the pilot program as a
permanent program.
       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, 2007.