Texas 2017 - 85th Regular

Texas Senate Bill SB1013 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11835 AAF-F
2	2	By: Kolkhorst S.B. No. 1013
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the disclosure of personal information contained in
8	8	motor vehicle records; providing an administrative penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 730.007(a), Transportation Code, is
11	11	amended to read as follows:
12	12	(a) Personal information obtained by an agency in
13	13	connection with a motor vehicle record may be disclosed to any
14	14	requestor by an agency if the requestor in a written agreement with
15	15	the agency:
16	16	(1) provides the requestor's name and address and any
17	17	proof of that information required by the agency; [and]
18	18	(2) represents that the use of the personal
19	19	information will be strictly limited to:
20	20	(A) use by:
21	21	(i) a government agency, including any
22	22	court or law enforcement agency, in carrying out its functions; or
23	23	(ii) a private person or entity acting on
24	24	behalf of a government agency in carrying out the functions of the
25	25	agency;
26	26	(B) use in connection with a matter of:
27	27	(i) motor vehicle or motor vehicle operator
28	28	safety;
29	29	(ii) motor vehicle theft;
30	30	(iii) motor vehicle product alterations,
31	31	recalls, or advisories;
32	32	(iv) performance monitoring of motor
33	33	vehicles, motor vehicle parts, or motor vehicle dealers;
34	34	(v) motor vehicle market research
35	35	activities, including survey research; or
36	36	(vi) removal of nonowner records from the
37	37	original owner records of motor vehicle manufacturers;
38	38	(C) use in the normal course of business by a
39	39	legitimate business or an authorized agent of the business, but
40	40	only:
41	41	(i) to verify the accuracy of personal
42	42	information submitted by the individual to the business or the
43	43	agent of the business; and
44	44	(ii) if the information is not correct, to
45	45	obtain the correct information, for the sole purpose of preventing
46	46	fraud by, pursuing a legal remedy against, or recovering on a debt
47	47	or security interest against the individual;
48	48	(D) use in conjunction with a civil, criminal,
49	49	administrative, or arbitral proceeding in any court or government
50	50	agency or before any self-regulatory body, including service of
51	51	process, investigation in anticipation of litigation, execution or
52	52	enforcement of a judgment or order, or under an order of any court;
53	53	(E) use in research or in producing statistical
54	54	reports, but only if the personal information is not published,
55	55	redisclosed, or used to contact any individual;
56	56	(F) use by an insurer or insurance support
57	57	organization, or by a self-insured entity, or an authorized agent
58	58	of the entity, in connection with claims investigation activities,
59	59	antifraud activities, rating, or underwriting;
60	60	(G) use in providing notice to an owner of a towed
61	61	or impounded vehicle;
62	62	(H) use by a licensed private investigator agency
63	63	or licensed security service for a purpose permitted under this
64	64	section;
65	65	(I) use by an employer or an agent or insurer of
66	66	the employer to obtain or verify information relating to a holder of
67	67	a commercial driver's license that is required under 49 U.S.C.
68	68	Chapter 313;
69	69	(J) use in connection with the operation of a
70	70	private toll transportation facility;
71	71	(K) use by a consumer reporting agency, as
72	72	defined by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et
73	73	seq.), for a purpose permitted under that Act; or
74	74	(L) use for any other purpose specifically
75	75	authorized by law that relates to the operation of a motor vehicle
76	76	or to public safety;
77	77	(3) agrees to maintain records that:
78	78	(A) specify the requestor's use of the personal
79	79	information; and
80	80	(B) identify any person or entity receiving the
81	81	personal information and the permitted use for which it was
82	82	obtained if the requestor resells or rediscloses that information;
83	83	and
84	84	(4) provides any other information as required by the
85	85	agency.
86	86	SECTION 2. Chapter 730, Transportation Code, is amended by
87	87	adding Sections 730.0135, 730.0136, 730.0155, and 730.017 to read
88	88	as follows:
89	89	Sec. 730.0135. NOTICE OF RESALE OR REDISCLOSURE. An
90	90	authorized recipient who resells or rediscloses personal
91	91	information under Section 730.013 shall notify the agency that
92	92	provided the information of the resale or redisclosure not later
93	93	than the 30th day after the date the recipient resells or
94	94	rediscloses the personal information.
95	95	Sec. 730.0136. RECORDS BY RECIPIENTS. An authorized
96	96	recipient of personal information shall provide copies of all
97	97	records required to be maintained by the recipient under this
98	98	chapter to the agency that provided the information on request.
99	99	Sec. 730.0155. ADMINISTRATIVE PENALTY FOR MISUSE OF
100	100	PERSONAL INFORMATION. (a) A recipient of personal information may
101	101	not use personal information in a manner not authorized by Section
102	102	730.007(a)(2).
103	103	(b) In addition to any other penalties provided by this
104	104	chapter, the Texas Department of Motor Vehicles may impose an
105	105	administrative penalty on a recipient of personal information who
106	106	violates Subsection (a). The recipient is liable to the department
107	107	for an administrative penalty of $100 for each motor vehicle record
108	108	used in violation of Subsection (a), provided that the total amount
109	109	assessed may not exceed:
110	110	(1) $50,000, except as provided by Subdivision (2); or
111	111	(2) $100,000, if the recipient has previously been
112	112	assessed an administrative penalty under this subsection for a
113	113	violation that occurred within five years before the date of the
114	114	violation that is the subject of the penalty.
115	115	(c) A proceeding to impose an administrative penalty under
116	116	this section is subject to Chapter 2001, Government Code.
117	117	(d) An administrative penalty collected under this section
118	118	shall be deposited to the credit of the Texas Department of Motor
119	119	Vehicles fund.
120	120	Sec. 730.017. BREACH OF SYSTEM SECURITY. (a) In this
121	121	section, "breach of system security" has the meaning assigned by
122	122	Section 521.053, Business & Commerce Code.
123	123	(b) A recipient of personal information under this chapter:
124	124	(1) shall take measures in response to a breach of
125	125	system security to contain the unauthorized acquisition of personal
126	126	information to the best of the person's abilities; and
127	127	(2) is liable for damages resulting from the breach of
128	128	system security.
129	129	SECTION 3. Section 730.0155, Transportation Code, as added
130	130	by this Act, applies only to a violation that occurs on or after the
131	131	effective date of this Act. A violation that occurs before the
132	132	effective date of this Act is governed by the law in effect on the
133	133	date the violation occurred, and the former law is continued in
134	134	effect for that purpose.
135	135	SECTION 4. Section 730.017, Transportation Code, as added
136	136	by this Act, applies only to a breach of system security that occurs
137	137	on or after the effective date of this Act. A breach of system
138	138	security that occurs before the effective date of this Act is
139	139	governed by the law in effect at the time the breach occurred, and
140	140	that law is continued in effect for that purpose.
141	141	SECTION 5. This Act takes effect September 1, 2017.