| 1 | 1 | | 87R7025 JXC-D |
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| 2 | 2 | | By: Meyer H.B. No. 2396 |
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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 use of personal driver's license information |
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| 8 | 8 | | disclosed by a state agency or political subdivision. |
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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 730.007(a), Transportation Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Personal information obtained by an agency in |
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| 13 | 13 | | connection with a motor vehicle record may be disclosed to any |
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| 14 | 14 | | requestor by an agency if the requestor: |
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| 15 | 15 | | (1) provides the requestor's name and address and any |
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| 16 | 16 | | proof of that information required by the agency; and |
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| 17 | 17 | | (2) represents that the use of the personal |
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| 18 | 18 | | information will be strictly limited to: |
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| 19 | 19 | | (A) use by: |
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| 20 | 20 | | (i) a government agency, including any |
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| 21 | 21 | | court or law enforcement agency, in carrying out its functions; or |
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| 22 | 22 | | (ii) a private person or entity acting on |
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| 23 | 23 | | behalf of a government agency in carrying out the functions of the |
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| 24 | 24 | | agency; |
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| 25 | 25 | | (B) use in connection with a matter of: |
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| 26 | 26 | | (i) motor vehicle or motor vehicle operator |
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| 27 | 27 | | safety; |
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| 28 | 28 | | (ii) motor vehicle theft; |
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| 29 | 29 | | (iii) motor vehicle product alterations, |
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| 30 | 30 | | recalls, or advisories; |
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| 31 | 31 | | (iv) performance monitoring of motor |
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| 32 | 32 | | vehicles, motor vehicle parts, or motor vehicle dealers; or |
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| 33 | 33 | | (v) [motor vehicle market research |
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| 34 | 34 | | activities, including survey research; or |
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| 35 | 35 | | [(vi)] removal of nonowner records from the |
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| 36 | 36 | | original owner records of motor vehicle manufacturers; |
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| 37 | 37 | | (C) use in the normal course of business by a |
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| 38 | 38 | | legitimate business or an authorized agent of the business, but |
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| 39 | 39 | | only: |
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| 40 | 40 | | (i) to verify the accuracy of personal |
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| 41 | 41 | | information submitted by the individual to the business or the |
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| 42 | 42 | | agent of the business; and |
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| 43 | 43 | | (ii) if the information is not correct, to |
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| 44 | 44 | | obtain the correct information, for the sole purpose of preventing |
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| 45 | 45 | | fraud by, pursuing a legal remedy against, or recovering on a debt |
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| 46 | 46 | | or security interest against the individual; |
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| 47 | 47 | | (D) use in conjunction with a civil, criminal, |
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| 48 | 48 | | administrative, or arbitral proceeding in any court or government |
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| 49 | 49 | | agency or before any self-regulatory body, including service of |
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| 50 | 50 | | process, investigation in anticipation of litigation, execution or |
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| 51 | 51 | | enforcement of a judgment or order, or under an order of any court; |
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| 52 | 52 | | (E) use in research or in producing statistical |
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| 53 | 53 | | reports, but only if the personal information is not published, |
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| 54 | 54 | | redisclosed, or used to contact any individual; |
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| 55 | 55 | | (F) use by an insurer or insurance support |
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| 56 | 56 | | organization, or by a self-insured entity, or an authorized agent |
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| 57 | 57 | | of the entity, in connection with claims investigation activities, |
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| 58 | 58 | | antifraud activities, rating, or underwriting; |
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| 59 | 59 | | (G) use in providing notice to an owner of a towed |
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| 60 | 60 | | or impounded vehicle; |
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| 61 | 61 | | (H) use by a licensed private investigator agency |
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| 62 | 62 | | or licensed security service for a purpose permitted under this |
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| 63 | 63 | | section; |
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| 64 | 64 | | (I) use by an employer or an agent or insurer of |
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| 65 | 65 | | the employer to obtain or verify information relating to a holder of |
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| 66 | 66 | | a commercial driver's license that is required under 49 U.S.C. |
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| 67 | 67 | | Chapter 313; |
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| 68 | 68 | | (J) use in connection with the operation of a |
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| 69 | 69 | | private toll transportation facility; |
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| 70 | 70 | | (K) use by a consumer reporting agency, as |
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| 71 | 71 | | defined by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et |
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| 72 | 72 | | seq.), for a purpose permitted under that Act; or |
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| 73 | 73 | | (L) use for any other purpose specifically |
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| 74 | 74 | | authorized by law that relates to the operation of a motor vehicle |
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| 75 | 75 | | or to public safety. |
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| 76 | 76 | | SECTION 2. Section 730.013, Transportation Code, is amended |
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| 77 | 77 | | by adding Subsection (b-1) to read as follows: |
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| 78 | 78 | | (b-1) A person or entity who receives personal information |
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| 79 | 79 | | that pertains to a driver's license or permit from an authorized |
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| 80 | 80 | | recipient under this section may not use the personal information |
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| 81 | 81 | | for bulk distribution for surveys, marketing, or solicitations |
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| 82 | 82 | | regardless of whether that use would be permitted under Section |
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| 83 | 83 | | 730.007. |
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| 84 | 84 | | SECTION 3. This Act takes effect September 1, 2021. |
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