81R27563 JD-D
By: Harper-Brown H.B. No. 3672
Substitute the following for H.B. No. 3672:
By: Pickett C.S.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 730.005, Transportation Code, is amended
to read as follows:
Sec. 730.005. REQUIRED DISCLOSURE. (a) Personal
information obtained by an agency in connection with a motor
vehicle record shall be disclosed for use in connection with any
matter of:
(1) motor vehicle or motor vehicle operator safety;
(2) motor vehicle theft;
(3) motor vehicle emissions;
(4) motor vehicle product alterations, recalls, or
advisories;
(5) performance monitoring of motor vehicles or motor
vehicle dealers by a motor vehicle manufacturer;
(6) removal of nonowner records from the original
owner records of a motor vehicle manufacturer to carry out the
purposes of:
(A) the Automobile Information Disclosure Act,
15 U.S.C. Section 1231 et seq.;
(B) 49 U.S.C. Chapters 301, 305, 323, 325, 327,
329, and 331;
(C) the Anti Car Theft Act of 1992, 18 U.S.C.
Sections 553, 981, 982, 2119, 2312, 2313, and 2322, 19 U.S.C.
Sections 1646b and 1646c, and 42 U.S.C. Section 3750a et seq., all
as amended;
(D) the Clean Air Act, 42 U.S.C. Section 7401 et
seq., as amended; and
(E) any other statute or regulation enacted or
adopted under or in relation to a law included in Paragraphs
(A)-(D); or
(7) child support enforcement under Chapter 231,
Family Code.
(b) Personal information obtained by an agency in
connection with a motor vehicle record shall be disclosed for use in
the normal course of the business of a recipient 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 recipient:
(1) requires those others to clearly establish their
authority to obtain the personal information under this chapter;
(2) in writing informs those others of the limitations
in this chapter on the subsequent use of the personal information;
(3) requires those others to agree in writing that any
subsequent use of the personal information obtained from the
authorized recipient will be in compliance with this chapter,
including Section 730.013; and
(4) retains and makes available for inspection by the
applicable agency for at least five years the evidence or documents
used under Subdivision (1) to establish another's authority to
obtain the personal information and each writing required by
Subdivision (2) or (3).
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 an authorized
recipient who obtained the information in compliance with Section
730.005(b); and
(2) misrepresents the requestor's identity or makes a
false statement to the authorized recipient 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.