By: Zaffirini S.B. No. 652
A BILL TO BE ENTITLED
AN ACT
relating to the maintenance of emergency contact and medical
information databases by the Department of Public Safety of the
State of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 521, Transportation Code,
is amended by adding Section 521.060 to read as follows:
Sec. 521.060. EMERGENCY CONTACT AND MEDICAL INFORMATION
DATABASES. (a) The department shall maintain in its files a
record of the name, address, and telephone number of each
individual identified by the holder of a driver's license or
personal identification certificate as an individual the holder
authorizes to be contacted in the event that the holder is injured
or dies in or as a result of a vehicular accident or another
emergency situation. In addition, the department shall maintain in
its files a record of any medical information described by Section
521.125(a) that is provided to the department under Subsection (c)
or any health condition information that is voluntarily provided to
the department under Section 521.142(h).
(b) A record maintained by the department under Subsection
(a) is confidential and, on request, may be disclosed:
(1) only to a peace officer in this or another state;
(2) only if the peace officer is otherwise authorized
to obtain information in the driver's license or personal
identification certificate files of the department; and
(3) only for the purpose, as applicable, of making
contact with a named individual to report the injury to or death of
the holder of the driver's license or personal identification
certificate, learning the nature of any medical information
reported by the person who holds the driver's license or
identification certificate, or learning whether the person who
holds the driver's license or identification certificate has a
health condition that may impede communications with the peace
officer.
(c) An application for an original, renewal, or duplicate
driver's license or personal identification certificate must:
(1) be designed to allow, but not require, the
applicant to provide:
(A) the name, address, and telephone number of
not more than two individuals to be contacted if the applicant is
injured or dies in a circumstance described by Subsection (a); and
(B) in addition to health condition information
voluntarily provided under Section 521.142(h), medical information
described by Section 521.125(a); and
(2) include a statement that:
(A) describes the confidential nature of the
information; and
(B) states that by providing the department with
the information, the applicant consents to the limited disclosure
and use of the information.
(d) The department shall establish and maintain on the
department's Internet website forms and procedures by which the
holder of a driver's license or personal identification certificate
may request that the department:
(1) add specific emergency contact or medical
information described by Subsection (a) to the appropriate file
maintained by the department; or
(2) amend or delete emergency contact or medical
information the holder previously provided to the department.
(e) The forms and procedures maintained under Subsection
(d) must comply with Subsection (c).
(f) Subsection (b) does not prohibit the department from
disclosing information to the holder of a driver's license or
personal identification certificate who provided the information
or to an authorized agent of the holder.
SECTION 2. (a) This Act takes effect September 1, 2009.
(b) The Department of Public Safety of the State of Texas
shall implement the provisions of Section 521.060, Transportation
Code, as added by this Act, not later than January 1, 2010.
(c) The Department of Public Safety of the State of Texas
shall implement Section 521.060, Transportation Code, as added by
this Act, using existing personnel.