87R6638 JXC-D
By: Schaefer H.B. No. 2099
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of personal information associated with
a motor vehicle record for certain purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 521.0475(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), the department
shall provide a certified abstract of a complete driving record of a
license holder, for a fee of $20, to the license holder or a person
eligible to receive the information under Section 730.007(a)
[Sections 730.007(a)(2)(A), (D), and (I)].
SECTION 2. Section 730.007(a), Transportation Code, is
amended to read as follows:
(a) Personal information obtained by an agency in
connection with a motor vehicle record may be disclosed to any
requestor by an agency if the requestor:
(1) provides the requestor's name and address and any
proof of that information required by the agency; and
(2) represents that the use of the personal
information will be strictly limited to:
(A) use by:
(i) a government agency, including any
court or law enforcement agency, in carrying out its functions; or
(ii) a private person or entity acting on
behalf of a government agency in carrying out the functions of the
agency;
(B) [use in connection with a matter of:
[(i) motor vehicle or motor vehicle
operator safety;
[(ii) motor vehicle theft;
[(iii) motor vehicle product alterations,
recalls, or advisories;
[(iv) performance monitoring of motor
vehicles, motor vehicle parts, or motor vehicle dealers;
[(v) motor vehicle market research
activities, including survey research; or
[(vi) removal of nonowner records from the
original owner records of motor vehicle manufacturers;
[(C) use in the normal course of business by a
legitimate business or an authorized agent of the business, but
only:
[(i) to verify the accuracy of personal
information submitted by the individual to the business or the
agent of the business; and
[(ii) if the information is not correct, to
obtain the correct information, for the sole purpose of preventing
fraud by, pursuing a legal remedy against, or recovering on a debt
or security interest against the individual;
[(D)] use in conjunction with a civil, criminal,
administrative, or arbitral proceeding in any court or government
agency or before any self-regulatory body, including service of
process, investigation in anticipation of litigation, execution or
enforcement of a judgment or order, or under an order of any court;
or
(C) [(E) use in research or in producing
statistical reports, but only if the personal information is not
published, redisclosed, or used to contact any individual;
[(F) use by an insurer or insurance support
organization, or by a self-insured entity, or an authorized agent
of the entity, in connection with claims investigation activities,
antifraud activities, rating, or underwriting;
[(G) use in providing notice to an owner of a towed
or impounded vehicle;
[(H) use by a licensed private investigator agency
or licensed security service for a purpose permitted under this
section;
[(I)] use by an employer or an agent or insurer of
the employer to obtain or verify information relating to a holder of
a commercial driver's license that is required under 49 U.S.C.
Chapter 313[;
[(J) use in connection with the operation of a
private toll transportation facility;
[(K) use by a consumer reporting agency, as
defined by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et
seq.), for a purpose permitted under that Act; or
[(L) use for any other purpose specifically
authorized by law that relates to the operation of a motor vehicle
or to public safety].
SECTION 3. Sections 730.007(d) and (e), Transportation
Code, are repealed.
SECTION 4. This Act takes effect September 1, 2021.