| 1 | 1 | | 82R4763 NAJ-F |
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| 2 | 2 | | By: Miles H.B. No. 2671 |
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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 disclosure of personal information under the Motor |
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| 8 | 8 | | Vehicle Records Disclosure Act. |
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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. Section 730.005, Transportation Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 730.005. REQUIRED DISCLOSURE. Personal information |
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| 13 | 13 | | obtained by an agency in connection with a motor vehicle record |
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| 14 | 14 | | shall be disclosed for use in connection with any matter of: |
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| 15 | 15 | | (1) motor vehicle or motor vehicle operator safety; |
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| 16 | 16 | | (2) motor vehicle theft; |
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| 17 | 17 | | (3) motor vehicle emissions; |
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| 18 | 18 | | (4) motor vehicle product alterations, recalls, or |
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| 19 | 19 | | advisories; |
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| 20 | 20 | | (5) performance monitoring of motor vehicles or motor |
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| 21 | 21 | | vehicle dealers by a motor vehicle manufacturer; |
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| 22 | 22 | | (6) removal of nonowner records from the original |
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| 23 | 23 | | owner records of a motor vehicle manufacturer to carry out the |
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| 24 | 24 | | purposes of: |
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| 25 | 25 | | (A) the Automobile Information Disclosure Act, |
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| 26 | 26 | | 15 U.S.C. Section 1231 et seq.; |
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| 27 | 27 | | (B) 49 U.S.C. Chapters 301, 305, 323, 325, 327, |
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| 28 | 28 | | 329, and 331; |
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| 29 | 29 | | (C) the Anti Car Theft Act of 1992, 18 U.S.C. |
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| 30 | 30 | | Sections 553, 981, 982, 2119, 2312, 2313, and 2322, 19 U.S.C. |
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| 31 | 31 | | Sections 1646b and 1646c, and 42 U.S.C. Section 3750a et seq., all |
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| 32 | 32 | | as amended; |
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| 33 | 33 | | (D) the Clean Air Act, 42 U.S.C. Section 7401 et |
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| 34 | 34 | | seq., as amended; and |
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| 35 | 35 | | (E) any other statute or regulation enacted or |
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| 36 | 36 | | adopted under or in relation to a law included in Paragraphs |
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| 37 | 37 | | (A)-(D); [or] |
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| 38 | 38 | | (7) child support enforcement under Chapter 231, |
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| 39 | 39 | | Family Code; or |
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| 40 | 40 | | (8) enforcement by the Texas Workforce Commission |
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| 41 | 41 | | under Title 4, Labor Code. |
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| 42 | 42 | | SECTION 2. Section 730.007(c), Transportation Code, is |
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| 43 | 43 | | amended to read as follows: |
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| 44 | 44 | | (c) This section does not: |
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| 45 | 45 | | (1) prohibit the disclosure of a person's photographic |
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| 46 | 46 | | image to: |
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| 47 | 47 | | (A) a law enforcement agency or a criminal |
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| 48 | 48 | | justice agency for an official purpose; [or] |
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| 49 | 49 | | (B) an agency of this state investigating an |
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| 50 | 50 | | alleged violation of a state or federal law relating to the |
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| 51 | 51 | | obtaining, selling, or purchasing of a benefit authorized by |
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| 52 | 52 | | Chapter 31 or 33, Human Resources Code; or |
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| 53 | 53 | | (C) an agency of this state investigating an |
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| 54 | 54 | | alleged violation of a state or federal law relating to the |
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| 55 | 55 | | obtaining, selling, or purchasing of a benefit authorized by Title |
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| 56 | 56 | | 4, Labor Code; or |
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| 57 | 57 | | (2) prevent a court from compelling by subpoena the |
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| 58 | 58 | | production of a person's photographic image. |
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| 59 | 59 | | SECTION 3. This Act takes effect immediately if it receives |
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| 60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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| 61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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| 63 | 63 | | Act takes effect September 1, 2011. |
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