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A BILL TO BE ENTITLED
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AN ACT
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relating to the maintenance of emergency contact and medical |
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information databases by the Texas Department of Public Safety. |
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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. EMERGENCY CONTACT AND MEDICAL INFORMATION |
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DATABASES. (a) The department shall maintain in its files a record |
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of the name, address, and telephone number of each individual |
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identified by the holder of a driver's license or personal |
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identification certificate as an individual the holder authorizes |
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to be contacted in the event that the holder is injured or dies in or |
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as a result of a vehicular accident or another emergency situation. |
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In addition, the department shall maintain in its files a record of |
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any medical information described by Section 521.125(a) that is |
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provided to the department under Subsection (c) or any health |
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condition information that is voluntarily provided to the |
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department under Section 521.142(h). |
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(b) A record maintained by the department under Subsection |
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(a) is confidential and, on request, may be disclosed: |
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(1) only to a peace officer in this or another state; |
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(2) only if the peace officer is otherwise authorized |
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to obtain information in the driver's license or personal |
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identification certificate files of the department; and |
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(3) only for the purpose, as applicable, of making |
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contact with a named individual to report the injury to or death of |
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the holder of the driver's license or personal identification |
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certificate, learning the nature of any medical information |
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reported by the person who holds the driver's license or |
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identification certificate, or learning whether the person who |
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holds the driver's license or identification certificate has a |
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health condition that may impede communications with the peace |
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officer. |
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(c) An application for an original, renewal, or duplicate |
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driver's license or personal identification certificate must: |
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(1) be designed to allow, but not require, the |
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applicant to provide: |
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(A) the name, address, and telephone number of |
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not more than two individuals to be contacted if the applicant is |
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injured or dies in a circumstance described by Subsection (a); and |
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(B) in addition to health condition information |
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voluntarily provided under Section 521.142(h), medical information |
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described by Section 521.125(a); and |
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(2) include a statement that: |
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(A) describes the confidential nature of the |
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information; and |
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(B) states that by providing the department with |
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the information, the applicant consents to the limited disclosure |
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and use of the information. |
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(d) The department shall establish and maintain on the |
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department's Internet website forms and procedures by which the |
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holder of a driver's license or personal identification certificate |
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may request that the department: |
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(1) add specific emergency contact or medical |
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information described by Subsection (a) to the appropriate file |
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maintained by the department; or |
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(2) amend or delete emergency contact or medical |
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information the holder previously provided to the department. |
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(e) The forms and procedures maintained under Subsection |
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(d) must comply with Subsection (c). |
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(f) Subsection (b) does not prohibit the department from |
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disclosing information to the holder of a driver's license or |
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personal identification certificate who provided the information |
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or to an authorized agent of the holder. |
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SECTION 2. (a) This Act takes effect September 1, 2009. |
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(b) The Texas Department of Public Safety shall implement |
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the provisions of Section 521.060, Transportation Code, as added by |
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this Act, not later than January 1, 2010. |