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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 contained in |
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motor vehicle records; creating a criminal offense; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 730.013, Transportation |
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Code, is amended to read as follows: |
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Sec. 730.013. [RESALE OR] REDISCLOSURE. |
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SECTION 2. Sections 730.013(a), (b), and (c), |
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Transportation Code, are amended to read as follows: |
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(a) An authorized recipient of personal information may not |
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[resell or] redisclose the personal information in the identical or |
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a substantially identical format the personal information was |
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disclosed to the recipient by the applicable agency. |
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(b) An authorized recipient of personal information may |
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[resell or] redisclose the information only for a use permitted |
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under Section 730.007. |
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(c) Any authorized recipient who [resells or] rediscloses |
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personal information obtained from an agency shall be required by |
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that agency to: |
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(1) maintain for a period of not less than five years |
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records as to any person or entity receiving that information and |
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the permitted use for which it was obtained; and |
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(2) provide copies of those records to the agency on |
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request. |
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SECTION 3. Chapter 730, Transportation Code, is amended by |
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adding Section 730.0135 to read as follows: |
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Sec. 730.0135. CERTAIN SALES PROHIBITED. (a) |
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Notwithstanding any other law, an agency may not sell personal |
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information about any person obtained by the agency in connection |
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with a motor vehicle record unless the agency has: |
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(1) obtained the written consent of the person who is |
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the subject of the information; and |
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(2) obtained and verified the identity of the |
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purchaser of the information. |
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(b) An authorized recipient of personal information may not |
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resell the personal information disclosed to the recipient by the |
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applicable agency. A person commits an offense if the person |
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violates this subsection. An offense under this subsection is a |
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misdemeanor punishable by a fine not to exceed $25,000. |
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SECTION 4. (a) Section 730.013(c), Transportation Code, as |
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amended by this Act, does not affect an obligation to maintain |
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records imposed under that section before the effective date of |
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this Act. An obligation to maintain records imposed before the |
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effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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(b) The change in law made by this Act applies only to an |
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offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2015. |