By: Johnson, Paxton  S.B. No. 858
         (In the Senate - Filed February 26, 2021; March 11, 2021,
  read first time and referred to Committee on Transportation;
  April 9, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 9, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 858 By:  Seliger
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the disclosure of information collected by a
  metropolitan rapid transit authority, regional transportation
  authority, municipal transit department, or coordinated county
  transportation authority under the public information law.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 451.061, Transportation Code, is amended
  by amending Subsection (f) and adding Subsection (g) to read as
  follows:
         (f)  Except as provided by Subsection (g), personal 
  [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)  trip data, including the time, date, origin, and
  destination of a trip, and demographic information collected when
  the person purchases a ticket or schedules a trip; and
               (4)  other personal [financial] information, including
  financial information.
         (g)  Personal identifying information described by
  Subsection (f)(3) may be disclosed to a governmental agency or
  institution of higher education, as defined by Section 61.003,
  Education Code, by an authority if the requestor confirms in
  writing that the use of the information will be strictly limited to
  use in research or in producing statistical reports, but only if the
  information is not published, redisclosed, sold, or used to contact
  any individual.
         SECTION 2.  Section 452.061, Transportation Code, is amended
  by amending Subsection (e) and adding Subsection (f) to read as
  follows:
         (e)  Except as provided by Subsection (f), personal 
  [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)  trip data, including the time, date, origin, and
  destination of a trip, and demographic information collected when
  the person purchases a ticket or schedules a trip; and
               (4)  other personal [financial] information, including
  financial information.
         (f)  Personal identifying information described by
  Subsection (e)(3) may be disclosed to a governmental agency or
  institution of higher education, as defined by Section 61.003,
  Education Code, by an authority if the requestor confirms in
  writing that the use of the information will be strictly limited to
  use in research or in producing statistical reports, but only if the
  information is not published, redisclosed, sold, or used to contact
  any individual.
         SECTION 3.  Section 453.104, Transportation Code, is amended
  to read as follows:
         Sec. 453.104.  FARES AND OTHER CHARGES. (a) The board shall,
  after a public hearing, impose reasonable and nondiscriminatory
  fares, tolls, charges, rents, or other compensation for the use of
  the transit department system sufficient to produce revenue,
  together with receipts from taxes imposed by the transit
  department, in an amount adequate to:
               (1)  pay all the expenses necessary to operate and
  maintain the transit department system;
               (2)  pay when due the principal of and interest on, and
  sinking fund and reserve fund payments agreed to be made with
  respect to, all bonds that are issued by the board and payable in
  whole or part from the revenue; and
               (3)  fulfill the terms of any other agreement with the
  holders of bonds described by Subdivision (2) or with a person
  acting on behalf of the bondholders.
         (b)  Except as provided by Subsection (c), personal
  identifying information collected by a transit department 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;
               (3)  trip data, including the time, date, origin, and
  destination of a trip, and demographic information collected when
  the person purchases a ticket or schedules a trip; and
               (4)  other personal information, including financial
  information.
         (c)  Personal identifying information described by
  Subsection (b)(3) may be disclosed to a governmental agency or
  institution of higher education, as defined by Section 61.003,
  Education Code, by a transit department if the requestor confirms
  in writing that the use of the information will be strictly limited
  to use in research or in producing statistical reports, but only if
  the information is not published, redisclosed, sold, or used to
  contact any individual.
         SECTION 4.  Section 460.109, Transportation Code, is amended
  by amending Subsection (e) and adding Subsection (f) to read as
  follows:
         (e)  Except as provided by Subsection (f), personal 
  [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)  trip data, including the time, date, origin, and
  destination of a trip, and demographic information collected when
  the person purchases a ticket or schedules a trip; and
               (4)  other personal [financial] information, including
  financial information.
         (f)  Personal identifying information described by
  Subsection (e)(3) may be disclosed to a governmental agency or
  institution of higher education, as defined by Section 61.003,
  Education Code, by an authority if the requestor confirms in
  writing that the use of the information will be strictly limited to
  use in research or in producing statistical reports, but only if the
  information is not published, redisclosed, sold, or used to contact
  any individual.
         SECTION 5.  The changes in law made by this Act apply only to
  a request for information that is received by a regional
  transportation authority, metropolitan rapid transit authority,
  municipal transit department, or coordinated county transportation
  authority on or after the effective date of this Act. A request for
  information that was received before the effective date of this Act
  is governed by the law in effect on the date the request was
  received, and the former law is continued in effect for that
  purpose.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
 
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