| 1 | 1 | | 81R4546 JD-D |
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| 2 | 2 | | By: Zaffirini S.B. No. 652 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the maintenance of emergency contact and medical |
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| 8 | 8 | | information databases by the Texas Department of Public Safety. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 521, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 521.060 to read as follows: |
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| 12 | 12 | | Sec. 521.060. EMERGENCY CONTACT AND MEDICAL INFORMATION |
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| 13 | 13 | | DATABASES. (a) The department shall maintain in its files a record |
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| 14 | 14 | | of the name, address, and telephone number of each individual |
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| 15 | 15 | | identified by the holder of a driver's license or personal |
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| 16 | 16 | | identification certificate as an individual the holder authorizes |
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| 17 | 17 | | to be contacted in the event that the holder is injured or dies in or |
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| 18 | 18 | | as a result of a vehicular accident or another emergency situation. |
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| 19 | 19 | | In addition, the department shall maintain in its files a record of |
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| 20 | 20 | | any medical information described by Section 521.125(a) that is |
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| 21 | 21 | | provided to the department under Subsection (c) or any health |
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| 22 | 22 | | condition information that is voluntarily provided to the |
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| 23 | 23 | | department under Section 521.142(h). |
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| 24 | 24 | | (b) A record maintained by the department under Subsection |
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| 25 | 25 | | (a) is confidential and, on request, may be disclosed: |
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| 26 | 26 | | (1) only to a peace officer in this or another state; |
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| 27 | 27 | | (2) only if the peace officer is otherwise authorized |
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| 28 | 28 | | to obtain information in the driver's license or personal |
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| 29 | 29 | | identification certificate files of the department; and |
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| 30 | 30 | | (3) only for the purpose, as applicable, of making |
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| 31 | 31 | | contact with a named individual to report the injury to or death of |
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| 32 | 32 | | the holder of the driver's license or personal identification |
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| 33 | 33 | | certificate, learning the nature of any medical information |
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| 34 | 34 | | reported by the person who holds the driver's license or |
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| 35 | 35 | | identification certificate, or learning whether the person who |
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| 36 | 36 | | holds the driver's license or identification certificate has a |
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| 37 | 37 | | health condition that may impede communications with the peace |
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| 38 | 38 | | officer. |
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| 39 | 39 | | (c) An application for an original, renewal, or duplicate |
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| 40 | 40 | | driver's license or personal identification certificate must: |
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| 41 | 41 | | (1) be designed to allow, but not require, the |
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| 42 | 42 | | applicant to provide: |
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| 43 | 43 | | (A) the name, address, and telephone number of |
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| 44 | 44 | | not more than two individuals to be contacted if the applicant is |
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| 45 | 45 | | injured or dies in a circumstance described by Subsection (a); and |
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| 46 | 46 | | (B) in addition to health condition information |
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| 47 | 47 | | voluntarily provided under Section 521.142(h), medical information |
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| 48 | 48 | | described by Section 521.125(a); and |
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| 49 | 49 | | (2) include a statement that: |
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| 50 | 50 | | (A) describes the confidential nature of the |
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| 51 | 51 | | information; and |
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| 52 | 52 | | (B) states that by providing the department with |
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| 53 | 53 | | the information, the applicant consents to the limited disclosure |
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| 54 | 54 | | and use of the information. |
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| 55 | 55 | | (d) The department shall establish and maintain on the |
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| 56 | 56 | | department's Internet website forms and procedures by which the |
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| 57 | 57 | | holder of a driver's license or personal identification certificate |
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| 58 | 58 | | may request that the department: |
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| 59 | 59 | | (1) add specific emergency contact or medical |
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| 60 | 60 | | information described by Subsection (a) to the appropriate file |
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| 61 | 61 | | maintained by the department; or |
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| 62 | 62 | | (2) amend or delete emergency contact or medical |
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| 63 | 63 | | information the holder previously provided to the department. |
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| 64 | 64 | | (e) The forms and procedures maintained under Subsection |
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| 65 | 65 | | (d) must comply with Subsection (c). |
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| 66 | 66 | | (f) Subsection (b) does not prohibit the department from |
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| 67 | 67 | | disclosing information to the holder of a driver's license or |
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| 68 | 68 | | personal identification certificate who provided the information |
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| 69 | 69 | | or to an authorized agent of the holder. |
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| 70 | 70 | | SECTION 2. (a) This Act takes effect September 1, 2009. |
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| 71 | 71 | | (b) The Texas Department of Public Safety shall implement |
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| 72 | 72 | | the provisions of Section 521.060, Transportation Code, as added by |
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| 73 | 73 | | this Act, not later than January 1, 2010. |
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