BILL ANALYSIS

 

 

Senate Research Center

S.B. 57

 

By: Nelson

 

Transportation

 

6/29/2015

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

This bill clarifies that personal information of drivers collected by the North Texas Tollway Authority is not subject to disclosure under the Public Information Act.

 

S.B. 57 amends current law relating to information collected by a regional tollway authority, regional mobility authority, regional transportation authority, metropolitan rapid transit authority, or coordinated county transportation authority.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 366.178(b-1), Transportation Code, as follows:

 

(b-1) Requires the regional tollway authority (authority), as an alternative to requiring payment of a toll at the time a vehicle is driven or towed through a toll assessment facility, to use video recordings, photography, electronic data, transponders, or other tolling methods to permit the registered owner of the nonpaying vehicle to pay the toll at a later date or provide toll exemptions.  Provides that information collected under this subsection, including contact, payment and other account information and trip data, is confidential and not subject to disclosure under Chapter 552 (Public Information), Government Code.

 

SECTION 2.  Amends Sections 366.179(a) and (d), Transportation Code, as follows:

 

(a)  Provides that a transponder, for purposes of this section, is a device placed on or within a motor vehicle, rather than an automobile, that is capable of transmitting or receiving information used to assess or collect tolls or provide toll exemptions.

 

(d)  Provides that transponder account information, rather than customer account information, including contact and payment information and trip data, is confidential and not subject to disclosure under Chapter 552, Government Code.

 

SECTION 3.  Amends Section 370.177, Transportation Code, by adding Subsection (m), to provide that information collected for the purposes of this section, including contract, payment, and other account information and trip data, is confidential and not subject to disclosure under Chapter 552, Government Code.

 

SECTION 4. Amends Section 370.178(a) and (d), Transportation Code, as follows:

 

(a) Redefines "transponder."

 

(d) Changes a reference to customer account information to transponder account information.

 

SECTION 5. Amends Section 372.102(a), Transportation Code, to authorize a toll project entity, notwithstanding the confidentiality of electronic toll collection customer account information, including confidentiality under Sections 228.057(e) (relating to providing that electronic toll collection customer account information is confidential and not subject to disclosure), 366.178(b-1), 366.179(d), 370.177(m), and 370.178(d) (relating to providing that transponder customer account information is confidential and not subject to disclosure), to publish a list of the names of the registered owners or lessees of nonpaying vehicles who at the time of publication are liable for the payment of past due and unpaid tolls or administrative fees.

 

SECTION 6.  Amends Section 451.061, Transportation Code, by adding Subsection (f), as follows:

 

(f) Provides that personal identifying information collected by an authority is confidential and not subject to disclosure under Chapter 552, Government Code, including a person's:

 

(1) name, address, e-mail address, and phone number;

 

(2) account number, password, payment transaction activity, toll or charge record, or credit, debit, or other payment card number; and

 

(3) other personal financial information.

 

SECTION 7. Amends Section 452.061, Transportation Code, by adding Subsection (e), as follows:

 

(e)  Provides that personal identifying information collected by an authority is confidential and not subject to disclosure under Chapter 552, Government Code, including a person’s:

 

(1) name, address, e-mail address, and phone number;

 

(2) account number, password, payment transaction activity, toll or charge record, or credit, debit, or other payment card number; and

 

(3) other personal financial information.

 

SECTION 8.  Amends Section 460.109, Transportation Code, by adding Subsection (e), as follows:

 

(e)  Provides that personal identifying information collected by an authority is confidential and not subject to disclosure under Chapter 552, Government Code, including a person’s:

 

(1) name, address, e-mail address, and phone number;

 

(2) account number, password, payment transaction activity, toll or charge record, or credit, debit, or other payment card number; and

 

(3) other person financial information.

 

SECTION 9.  Provides that changes in law made by this Act apply only to a request for information that is received by a regional tollway authority, regional mobility authority, regional transportation authority, metropolitan rapid transit authority, or coordinated county transportation authority on or after the effective date of this Act. Makes application of this Act prospective.

 

SECTION 10.  Effective date: upon passage or September 1, 2015.