87R6638 JXC-D

By: Schaefer H.B. No. 2099

A BILL TO BE ENTITLED

AN ACT

relating to the disclosure of personal information associated with a motor vehicle record for certain purposes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 521.0475(a), Transportation Code, is amended to read as follows:

(a) Except as provided by Subsection (b), the department shall provide a certified abstract of a complete driving record of a license holder, for a fee of $20, to the license holder or a person eligible to receive the information under Section 730.007(a) [Sections 730.007(a)(2)(A), (D), and (I)].

SECTION 2. Section 730.007(a), Transportation Code, is amended to read as follows:

(a) Personal information obtained by an agency in connection with a motor vehicle record may be disclosed to any requestor by an agency if the requestor:

(1) provides the requestor's name and address and any proof of that information required by the agency; and

(2) represents that the use of the personal information will be strictly limited to:

(A) use by:

(i) a government agency, including any court or law enforcement agency, in carrying out its functions; or

(ii) a private person or entity acting on behalf of a government agency in carrying out the functions of the agency;

(B) [use in connection with a matter of:

[(i) motor vehicle or motor vehicle operator safety;

[(ii) motor vehicle theft;

[(iii) motor vehicle product alterations, recalls, or advisories;

[(iv) performance monitoring of motor vehicles, motor vehicle parts, or motor vehicle dealers;

[(v) motor vehicle market research activities, including survey research; or

[(vi) removal of nonowner records from the original owner records of motor vehicle manufacturers;

[(C) use in the normal course of business by a legitimate business or an authorized agent of the business, but only:

[(i) to verify the accuracy of personal information submitted by the individual to the business or the agent of the business; and

[(ii) if the information is not correct, to obtain the correct information, for the sole purpose of preventing fraud by, pursuing a legal remedy against, or recovering on a debt or security interest against the individual;

[(D)] use in conjunction with a civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self-regulatory body, including service of process, investigation in anticipation of litigation, execution or enforcement of a judgment or order, or under an order of any court; or

(C) [(E) use in research or in producing statistical reports, but only if the personal information is not published, redisclosed, or used to contact any individual;

[(F) use by an insurer or insurance support organization, or by a self-insured entity, or an authorized agent of the entity, in connection with claims investigation activities, antifraud activities, rating, or underwriting;

[(G) use in providing notice to an owner of a towed or impounded vehicle;

[(H) use by a licensed private investigator agency or licensed security service for a purpose permitted under this section;

[(I)] use by an employer or an agent or insurer of the employer to obtain or verify information relating to a holder of a commercial driver's license that is required under 49 U.S.C. Chapter 313[;

[(J) use in connection with the operation of a private toll transportation facility;

[(K) use by a consumer reporting agency, as defined by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), for a purpose permitted under that Act; or

[(L) use for any other purpose specifically authorized by law that relates to the operation of a motor vehicle or to public safety].

SECTION 3. Sections 730.007(d) and (e), Transportation Code, are repealed.

SECTION 4. This Act takes effect September 1, 2021.