By: Johnson, Paxton S.B. No. 858
(In the Senate - Filed February 26, 2021; March 11, 2021,
read first time and referred to Committee on Transportation;
April 9, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 9, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 858 By: Seliger
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of information collected by a
metropolitan rapid transit authority, regional transportation
authority, municipal transit department, or coordinated county
transportation authority under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 451.061, Transportation Code, is amended
by amending Subsection (f) and adding Subsection (g) to read as
follows:
(f) Except as provided by Subsection (g), personal
[Personal] identifying information collected by an authority is
confidential and not subject to disclosure under Chapter 552,
Government Code, including a person's:
(1) name, address, e-mail address, and phone number;
(2) account number, password, payment transaction
activity, toll or charge record, or credit, debit, or other payment
card number; [and]
(3) trip data, including the time, date, origin, and
destination of a trip, and demographic information collected when
the person purchases a ticket or schedules a trip; and
(4) other personal [financial] information, including
financial information.
(g) Personal identifying information described by
Subsection (f)(3) may be disclosed to a governmental agency or
institution of higher education, as defined by Section 61.003,
Education Code, by an authority if the requestor confirms in
writing that the use of the information will be strictly limited to
use in research or in producing statistical reports, but only if the
information is not published, redisclosed, sold, or used to contact
any individual.
SECTION 2. Section 452.061, Transportation Code, is amended
by amending Subsection (e) and adding Subsection (f) to read as
follows:
(e) Except as provided by Subsection (f), personal
[Personal] identifying information collected by an authority is
confidential and not subject to disclosure under Chapter 552,
Government Code, including a person's:
(1) name, address, e-mail address, and phone number;
(2) account number, password, payment transaction
activity, toll or charge record, or credit, debit, or other payment
card number; [and]
(3) trip data, including the time, date, origin, and
destination of a trip, and demographic information collected when
the person purchases a ticket or schedules a trip; and
(4) other personal [financial] information, including
financial information.
(f) Personal identifying information described by
Subsection (e)(3) may be disclosed to a governmental agency or
institution of higher education, as defined by Section 61.003,
Education Code, by an authority if the requestor confirms in
writing that the use of the information will be strictly limited to
use in research or in producing statistical reports, but only if the
information is not published, redisclosed, sold, or used to contact
any individual.
SECTION 3. Section 453.104, Transportation Code, is amended
to read as follows:
Sec. 453.104. FARES AND OTHER CHARGES. (a) The board shall,
after a public hearing, impose reasonable and nondiscriminatory
fares, tolls, charges, rents, or other compensation for the use of
the transit department system sufficient to produce revenue,
together with receipts from taxes imposed by the transit
department, in an amount adequate to:
(1) pay all the expenses necessary to operate and
maintain the transit department system;
(2) pay when due the principal of and interest on, and
sinking fund and reserve fund payments agreed to be made with
respect to, all bonds that are issued by the board and payable in
whole or part from the revenue; and
(3) fulfill the terms of any other agreement with the
holders of bonds described by Subdivision (2) or with a person
acting on behalf of the bondholders.
(b) Except as provided by Subsection (c), personal
identifying information collected by a transit department is
confidential and not subject to disclosure under Chapter 552,
Government Code, including a person's:
(1) name, address, e-mail address, and phone number;
(2) account number, password, payment transaction
activity, toll or charge record, or credit, debit, or other payment
card number;
(3) trip data, including the time, date, origin, and
destination of a trip, and demographic information collected when
the person purchases a ticket or schedules a trip; and
(4) other personal information, including financial
information.
(c) Personal identifying information described by
Subsection (b)(3) may be disclosed to a governmental agency or
institution of higher education, as defined by Section 61.003,
Education Code, by a transit department if the requestor confirms
in writing that the use of the information will be strictly limited
to use in research or in producing statistical reports, but only if
the information is not published, redisclosed, sold, or used to
contact any individual.
SECTION 4. Section 460.109, Transportation Code, is amended
by amending Subsection (e) and adding Subsection (f) to read as
follows:
(e) Except as provided by Subsection (f), personal
[Personal] identifying information collected by an authority is
confidential and not subject to disclosure under Chapter 552,
Government Code, including a person's:
(1) name, address, e-mail address, and phone number;
(2) account number, password, payment transaction
activity, toll or charge record, or credit, debit, or other payment
card number; [and]
(3) trip data, including the time, date, origin, and
destination of a trip, and demographic information collected when
the person purchases a ticket or schedules a trip; and
(4) other personal [financial] information, including
financial information.
(f) Personal identifying information described by
Subsection (e)(3) may be disclosed to a governmental agency or
institution of higher education, as defined by Section 61.003,
Education Code, by an authority if the requestor confirms in
writing that the use of the information will be strictly limited to
use in research or in producing statistical reports, but only if the
information is not published, redisclosed, sold, or used to contact
any individual.
SECTION 5. The changes in law made by this Act apply only to
a request for information that is received by a regional
transportation authority, metropolitan rapid transit authority,
municipal transit department, or coordinated county transportation
authority on or after the effective date of this Act. A request for
information that was received before the effective date of this Act
is governed by the law in effect on the date the request was
received, and the former law is continued in effect for that
purpose.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
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