BILL ANALYSIS

 

 

 

H.B. 2834

By: Canales

Transportation

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Concerns have been raised regarding the availability of information from ongoing enforcement investigations of entities licensed by the Texas Department of Motor Vehicles (TxDMV), such as vehicle dealers and motor carriers. It has been suggested that the availability of this information may discourage people from coming forward with a complaint about a licensee and may jeopardize enforcement actions by allowing third parties to potentially interfere with the investigation. Furthermore, it has been noted that the confidentiality of investigative material is vital when working with law enforcement and for encouraging collaboration during joint investigations. H.B. 2834 seeks to address this issue by providing for the confidentiality of information related to investigations by TxDMV.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 2834 amends the Transportation Code to make confidential and exempt from disclosure under state public information law, except as necessary to comply with certain complaint and records procedures, information obtained during an investigation of a person regulated under statutory provisions relating to the sale and lease of motor vehicles, salvage vehicle dealers, dealer's and manufacturer's vehicle license plates, or motor carrier registration until the investigation is dismissed or finally resolved.

 

H.B. 2834 repeals Section 2301.612, Occupations Code.

 

EFFECTIVE DATE

 

September 1, 2019.