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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 730.007(a), Transportation Code, is |
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amended to read as follows: |
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(a) Personal information obtained by an agency in |
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connection with a motor vehicle record may be disclosed to any |
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requestor by an agency if the requestor: |
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(1) provides the requestor's name and address and any |
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proof of that information required by the agency; and |
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(2) represents that the use of the personal |
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information will be strictly limited to: |
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(A) use by: |
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(i) a government agency, including any |
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court or law enforcement agency, in carrying out its functions; or |
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(ii) a private person or entity acting on |
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behalf of a government agency in carrying out the functions of the |
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agency; |
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(B) use in connection with a matter of: |
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(i) motor vehicle or motor vehicle operator |
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safety; |
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(ii) motor vehicle theft; |
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(iii) motor vehicle product alterations, |
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recalls, or advisories; |
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(iv) performance monitoring of motor |
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vehicles, motor vehicle parts, or motor vehicle dealers; |
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(v) motor vehicle market research |
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activities, including survey research; or |
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(vi) removal of nonowner records from the |
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original owner records of motor vehicle manufacturers; |
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(C) use in the normal course of business by a |
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legitimate business or an authorized agent of the business, but |
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only: |
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(i) to verify the accuracy of personal |
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information submitted by the individual to the business or the |
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agent of the business; and |
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(ii) if the information is not correct, to |
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obtain the correct information, for the sole purpose of preventing |
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fraud by, pursuing a legal remedy against, or recovering on a debt |
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or security interest against the individual; |
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(C-1) use in the normal course of business by a |
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person who obtains personal information for the purpose of |
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processing, collating, organizing, and providing that personal |
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information for a fee to others, but only if the person: |
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(i) requires those others to clearly |
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establish their authority to obtain the personal information under |
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this section; |
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(ii) in writing informs those others of the |
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limitations in this chapter on the subsequent use of the personal |
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information; |
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(iii) requires those others to agree in |
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writing that any subsequent use of the personal information will be |
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in compliance with this chapter, including Section 730.013; and |
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(iv) retains and makes available for |
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inspection by the applicable agency for at least five years the |
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evidence or documents used under Subparagraph (i) to establish |
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another's authority to obtain the personal information and each |
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writing required by Subparagraph (ii) or (iii); |
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(D) use in conjunction with a civil, criminal, |
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administrative, or arbitral proceeding in any court or government |
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agency or before any self-regulatory body, including service of |
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process, investigation in anticipation of litigation, execution or |
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enforcement of a judgment or order, or under an order of any court; |
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(E) use in research or in producing statistical |
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reports, but only if the personal information is not published, |
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redisclosed, or used to contact any individual; |
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(F) use by an insurer or insurance support |
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organization, or by a self-insured entity, or an authorized agent |
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of the entity, in connection with claims investigation activities, |
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antifraud activities, rating, or underwriting; |
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(G) use in providing notice to an owner of a towed |
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or impounded vehicle; |
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(H) use by a licensed private investigator agency |
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or licensed security service for a purpose permitted under this |
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section; |
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(I) use by an employer or an agent or insurer of |
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the employer to obtain or verify information relating to a holder of |
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a commercial driver's license that is required under 49 U.S.C. |
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Chapter 313; |
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(J) use in connection with the operation of a |
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private toll transportation facility; |
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(K) use by a consumer reporting agency, as |
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defined by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et |
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seq.), for a purpose permitted under that Act; or |
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(L) use for any other purpose specifically |
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authorized by law that relates to the operation of a motor vehicle |
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or to public safety. |
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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 a person who |
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obtained the information in compliance with Section 730.007(a); and |
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(2) misrepresents the requestor's identity or makes a |
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false statement to the person in connection with the request for |
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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. |