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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of personal information under the Motor |
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Vehicle Records Disclosure Act; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 730.005, Transportation Code, is amended |
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to read as follows: |
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Sec. 730.005. REQUIRED DISCLOSURE. (a) Personal |
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information obtained by an agency in connection with a motor |
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vehicle record shall be disclosed for use in connection with any |
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matter of: |
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(1) motor vehicle or motor vehicle operator safety; |
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(2) motor vehicle theft; |
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(3) motor vehicle emissions; |
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(4) motor vehicle product alterations, recalls, or |
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advisories; |
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(5) performance monitoring of motor vehicles or motor |
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vehicle dealers by a motor vehicle manufacturer; |
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(6) removal of nonowner records from the original |
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owner records of a motor vehicle manufacturer to carry out the |
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purposes of: |
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(A) the Automobile Information Disclosure Act, |
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15 U.S.C. Section 1231 et seq.; |
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(B) 49 U.S.C. Chapters 301, 305, 323, 325, 327, |
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329, and 331; |
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(C) the Anti Car Theft Act of 1992, 18 U.S.C. |
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Sections 553, 981, 982, 2119, 2312, 2313, and 2322, 19 U.S.C. |
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Sections 1646b and 1646c, and 42 U.S.C. Section 3750a et seq., all |
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as amended; |
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(D) the Clean Air Act, 42 U.S.C. Section 7401 et |
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seq., as amended; and |
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(E) any other statute or regulation enacted or |
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adopted under or in relation to a law included in Paragraphs |
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(A)-(D); or |
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(7) child support enforcement under Chapter 231, |
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Family Code. |
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(b) Personal information obtained by an agency in |
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connection with a motor vehicle record shall be disclosed for use in |
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the normal course of the business of a recipient who obtains |
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personal information for the purpose of processing, collating, |
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organizing, and providing that personal information for a fee to |
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others, but only if the recipient: |
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(1) requires those others to clearly establish their |
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authority to obtain the personal information under this chapter; |
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(2) in writing informs those others of the limitations |
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in this chapter on the subsequent use of the personal information; |
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(3) requires those others to agree in writing that any |
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subsequent use of the personal information obtained from the |
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authorized recipient will be in compliance with this chapter, |
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including Section 730.013; and |
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(4) retains and makes available for inspection by the |
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applicable agency for at least five years the evidence or documents |
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used under Subdivision (1) to establish another's authority to |
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obtain the personal information and each writing required by |
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Subdivision (2) or (3). |
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SECTION 2. Section 730.012, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) An agency may require the requestor to make or file a |
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written application in the form and containing any necessary and |
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reasonable certification requirement the agency may prescribe. |
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(c) The provisions of this chapter are exclusive and must be |
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applied uniformly by an agency. An agency may not adopt or enforce |
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a rule or policy that is inconsistent with this chapter. |
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SECTION 3. Section 730.015, Transportation Code, is amended |
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by adding Subsections (c) and (d) to read as follows: |
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(c) A person commits an offense if the person: |
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(1) requests personal information from an authorized |
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recipient who obtained the information in compliance with Section |
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730.005(b); and |
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(2) misrepresents the requestor's identity or makes a |
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false statement to the authorized recipient in connection with the |
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request for personal information. |
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(d) An offense under Subsection (c) is a misdemeanor |
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punishable by a fine not to exceed $25,000. |
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SECTION 4. This Act takes effect September 1, 2009. |