81R11024 JD-D
By: Harper-Brown H.B. No. 3672
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of personal information under the Motor
Vehicle Records Disclosure Act; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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;
(C-1) use in the normal course of business by a
person who obtains personal information for the purpose of
processing, collating, organizing, and providing that personal
information for a fee to others, but only if the person:
(i) requires those others to clearly
establish their authority to obtain the personal information under
this section;
(ii) in writing informs those others of the
limitations in this chapter on the subsequent use of the personal
information;
(iii) requires those others to agree in
writing that any subsequent use of the personal information will be
in compliance with this chapter, including Section 730.013; and
(iv) retains and makes available for
inspection by the applicable agency for at least five years the
evidence or documents used under Subparagraph (i) to establish
another's authority to obtain the personal information and each
writing required by Subparagraph (ii) or (iii);
(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;
(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 2. Section 730.012, Transportation Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) An agency may require the requestor to make or file a
written application in the form and containing any necessary and
reasonable certification requirement the agency may prescribe.
(c) The provisions of this chapter are exclusive and must be
applied uniformly by an agency. An agency may not adopt or enforce
a rule or policy that is inconsistent with this chapter.
SECTION 3. Section 730.015, Transportation Code, is amended
by adding Subsections (c) and (d) to read as follows:
(c) A person commits an offense if the person:
(1) requests personal information from a person who
obtained the information in compliance with Section 730.007(a); and
(2) misrepresents the requestor's identity or makes a
false statement to the person in connection with the request for
personal information.
(d) An offense under Subsection (c) is a misdemeanor
punishable by a fine not to exceed $25,000.
SECTION 4. This Act takes effect September 1, 2009.