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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the Texas Department of Public Safety to |
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establish a driver record monitoring pilot program and enter into |
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contracts for the periodic reporting of certain information in the |
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department's driver's license files; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 521, Transportation Code, |
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is amended by adding Section 521.060 to read as follows: |
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Sec. 521.060. DRIVER RECORD MONITORING PILOT PROGRAM. (a) |
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The department by rule may establish a driver record monitoring |
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pilot program. The term of the pilot program may not exceed one |
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year. |
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(b) Under the pilot program, the department may enter into a |
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contract with a person to provide driver record monitoring |
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services, as described by Subsection (c), and certain information |
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from the department's driver's license records to the person, if the |
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person: |
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(1) is an employer, an insurer, an insurance support |
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organization, an employer support organization, or an entity that |
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self-insures its motor vehicles; and |
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(2) is eligible to receive the information under |
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Chapter 730. |
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(c) A contract entered into by the department must require: |
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(1) the department, during the term of the contract, |
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to: |
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(A) monitor the driver record of each holder of a |
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driver's license issued by the department that is requested by the |
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person with whom the department has contracted; |
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(B) identify any change in the status of a |
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driver's license or any conviction for a traffic offense reported |
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to the department during the monitoring period; and |
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(C) periodically, as specified in the contract, |
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provide reports of those individuals identified as having a change |
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in status or convictions to the person with whom the department has |
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contracted; and |
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(2) the person with whom the department has |
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contracted: |
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(A) to purchase under Section 521.046 a copy of |
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the driver record of each individual identified in a report |
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provided under Subdivision (1)(C); |
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(B) to warrant that: |
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(i) the person will not directly or |
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indirectly disclose information received from the department under |
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the contract to a third party without the express written consent of |
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the department, except as required by law or legal process; and |
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(ii) if a disclosure is required by law or |
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legal process, the person will immediately notify the department so |
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that the department may seek to oppose, limit, or restrict the |
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required disclosure; and |
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(C) if the person is an insurance support |
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organization, to warrant that the person will not seek to obtain |
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information about a holder of a driver's license under the contract |
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unless the license holder is insured by a client of the |
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organization, and that the person will provide the department with |
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the name of each client to whom the insurance support organization |
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provides information received from the department under the |
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contract. |
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(d) The attorney general may file a suit against a person |
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with whom the department has contracted under this section for: |
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(1) injunctive relief to prevent or restrain the |
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person from violating a term of the contract or from directly or |
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indirectly disclosing information received from the department |
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under the contract in a manner that violates the terms of the |
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contract; or |
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(2) a civil penalty in an amount not to exceed $2,000 |
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for each disclosure in violation of those terms. |
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(e) If the attorney general brings an action against a |
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person under Subsection (d) and an injunction is granted against |
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the person or the person is found liable for a civil penalty, the |
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attorney general may recover reasonable expenses, court costs, |
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investigative costs, and attorney's fees. Each day a violation |
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continues or occurs is a separate violation for purposes of |
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imposing a penalty under Subsection (d). |
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(f) A violation of the terms of a contract entered into with |
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the department by the person with whom the department has |
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contracted is a false, misleading, or deceptive act or practice |
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under Subchapter E, Chapter 17, Business & Commerce Code. |
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(g) A civil action brought under this section shall be filed |
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in a district court: |
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(1) in Travis County; or |
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(2) in any county in which the violation occurred. |
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(h) A person with whom the department has contracted under |
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this section commits an offense if the person directly or |
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indirectly discloses information received from the department |
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under the contract in a manner that violates the terms of the |
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contract. An offense under this subsection is a Class B |
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misdemeanor. If conduct constituting an offense under this |
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subsection also constitutes an offense under another law, the actor |
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may be prosecuted under this subsection, the other law, or both. |
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(i) The department shall impose a fee on each person with |
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whom the department contracts under this section for the services |
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provided by the department under the contract. The fee must be |
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reasonable and be not less than the amount necessary to allow the |
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department to recover all reasonable costs to the department |
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associated with entering into the contract and providing services |
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to the person under the contract, including direct, indirect, and |
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administrative costs and costs related to the development and |
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deployment of the pilot program. |
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(j) The department may establish a reasonable deadline by |
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which a person must apply to enter into a contract with the |
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department under this section and may not enter into a contract with |
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a person who fails to apply before that deadline. |
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(k) To the fullest extent practicable, the services of the |
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department under a contract entered into under this section shall |
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be provided by, through, or in conjunction with the interactive |
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system established under Section 521.055. |
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(l) At the conclusion of the term of the pilot program, and |
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on the recommendation of the department, the commission may |
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authorize the department to implement the pilot program as a |
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permanent program. |
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(m) Before the department recommends that the pilot program |
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be implemented as a permanent program, the department shall submit |
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to the lieutenant governor, the speaker of the house of |
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representatives, and each member of the legislature a report that |
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contains an analysis of the scope, effectiveness, and cost benefits |
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of the pilot program. The report must include: |
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(1) a list of each insurance support organization with |
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which the department has contracted under this section; and |
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(2) a list of each client to whom the insurance support |
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organization has provided information received from the department |
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under this section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |