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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that certain motor vehicle manufacturers |
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provide key codes and other vehicle access information to |
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registered locksmiths. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter J, Chapter 2301, Occupations Code, is |
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amended by adding Section 2301.479 to read as follows: |
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Sec. 2301.479. MOTOR VEHICLE ACCESS INFORMATION. (a) In |
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this section: |
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(1) "Access information" means the information |
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necessary for a locksmith to allow an owner to enter, start, and |
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operate a motor vehicle and includes the key code, immobilizer |
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code, and access code, as applicable. |
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(2) "Locksmith" means a locksmith or locksmith company |
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registered under Chapter 1702 that has obtained a registration |
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number from a manufacturer under Subsection (c). |
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(3) "Owner" means the registered owner of a motor |
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vehicle or a lessee if the lessee's name appears on the vehicle |
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registration. |
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(b) This section applies: |
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(1) only to a motor vehicle, other than a motorcycle, |
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used to transport persons and designed to accommodate 10 or fewer |
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passengers, including the operator; and |
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(2) in a calendar year only to a make of motor vehicle |
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of which 1,000 or more motor vehicles were sold or leased in this |
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state in the preceding calendar year. |
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(c) A manufacturer shall issue a registration number and |
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security password to each locksmith that applies to the |
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manufacturer for a registration number. |
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(d) A manufacturer shall provide access information at any |
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time by telephone or electronically to a locksmith who: |
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(1) provides the locksmith's registration number |
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issued by the manufacturer; |
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(2) provides the locksmith's security password issued |
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by the manufacturer; |
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(3) confirms that the locksmith has complied with the |
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requirements of Section 1702.286, as added by Chapter 1102, Acts of |
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the 79th Legislature, Regular Session, 2005; |
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(4) provides the vehicle identification number and |
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model number of the motor vehicle for which the locksmith is seeking |
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access information; and |
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(5) complies with other reasonable authentication |
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measures adopted by the manufacturer. |
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(e) A manufacturer that complies with Subsection (d) is not |
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liable for the theft of the motor vehicle for which the manufacturer |
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provided access information. |
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(f) A locksmith may request access information from a |
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manufacturer only on the request of the owner of the motor vehicle, |
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or the owner's spouse or child if that person is named on an |
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insurance policy covering the vehicle. Before requesting access |
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information from a manufacturer, a locksmith must: |
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(1) have inspected: |
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(A) a government-issued document that shows the |
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name of the owner requesting the information and the vehicle |
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identification number of the vehicle; |
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(B) an insurance document that shows the name of |
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the person requesting the access information and the vehicle |
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identification number of the vehicle; or |
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(C) similar documentation approved by the |
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Department of Public Safety; and |
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(2) follow the procedures under Section 1702.286, as |
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added by Chapter 1102, Acts of the 79th Legislature, Regular |
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Session, 2005. |
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(g) After producing a replacement key or otherwise |
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providing the owner access to a motor vehicle, the locksmith shall |
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provide the access information to the owner and destroy any access |
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information in the locksmith's possession. |
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(h) A locksmith who complies with Subsections (f) and (g) is |
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not liable for the theft of the motor vehicle, except in the event |
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of fraud or misappropriation of access information by the |
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locksmith. |
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(i) A manufacturer shall retain and make available under |
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Subsection (d) access information for a motor vehicle to which this |
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section applies for at least 25 years after the date the motor |
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vehicle is manufactured. |
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(j) A manufacturer may perform the duties required of the |
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manufacturer under this section directly or through an agent under |
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a contract. |
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(k) A manufacturer is not required to provide access |
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information for a motor vehicle manufactured before January 1, |
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2008, if the manufacturer does not possess access information for |
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the vehicle on that date. |
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SECTION 2. This Act takes effect January 1, 2008. |