Sec. 730.001. SHORT TITLE.
This chapter may be cited as the Motor Vehicle Records Disclosure Act.
Sec. 730.002. PURPOSE.
The purpose of this chapter is to implement 18 U.S.C. Chapter 123 and to protect the interest of an individual in the individual's personal privacy by prohibiting the disclosure and use of personal information contained in motor vehicle records, except as authorized by the individual or by law.
Sec. 730.003. DEFINITIONS.
In this chapter:
(1) "Agency" includes any agency of this state, or an authorized agent or contractor of an agency of "this state, that compiles or maintains motor vehicle records.
(2) "Disclose" means to make available or make known personal information contained in a motor vehicle record about a person to another person, by any means of communication.
(3) "Individual record" means a motor vehicle record obtained by an agency containing personal information about an individual who is the subject of the record as identified in a request.
(4) "Motor vehicle record" means a record that pertains to a motor vehicle operator's or driver's license or permit, motor vehicle registration, motor vehicle title, or identification document issued by an agency of this state or a local agency authorized to issue an identification document. The term does not include a record that pertains to a motor carrier.
(5) "Person" means an individual, organization, or entity but does not include this state or an agency of this state.
(6) "Personal information" means information that identifies a person, including an individual's photograph or computerized image, social security number, driver identification number, name, address, but not the zip code, telephone number, and medical or disability information. The term does not include information on vehicle accidents, driving or equipment-related violations, or driver's license or registration status.
(7) "Record" includes any book, paper, photograph, photostat, card, film, tape, recording, electronic data, printout, or other documentary material regardless of physical form or characteristics.
Sec. 730.004. PROHIBITION ON DISCLOSURE AND USE OF PERSONAL INFORMATION FROM MOTOR VEHICLE RECORDS.
Notwithstanding any other provision of law to the contrary, including Chapter 552, Government Code, except as provided by Sections 730.005-730.008, an agency may not disclose personal information about any person obtained by the agency in connection with a motor vehicle record.
Sec. 730.005. REQUIRED DISCLOSURE.
Personal information obtained by an agency in connection with a motor vehicle record shall be disclosed for use in connection with any matter of:
(1) motor vehicle or motor vehicle operator safety;
(2) motor vehicle theft;
(3) motor vehicle emissions;
(4) motor vehicle product alterations, recalls, or advisories;
(5) performance monitoring of motor vehicles or motor vehicle dealers by a motor vehicle manufacturer; or
(6) removal of nonowner records from the original owner records of a motor vehicle manufacturer to carry out the purposes of:
(A) the Automobile Information Disclosure Act, 15 U.S.C. Section 1231 et seq.;
(B) 49 U.S.C. Chapters 301, 305, 323, 325, 327, 329, and 331;
(C) the Anti Car Theft Act of 1992, 18 U.S.C. Sections 553, 981, 982, 2119, 2312, 2313, and 2322, 19 U.S.C. Sections 1646b and 1646c, and 42 U.S.C. Section 3750a et seq., all as amended;
(D) the Clean Air Act, 42 U.S.C. Section 7401 et seq., as amended; and
(E) any other statute or regulation enacted or adopted under or in relation to a law included in Paragraphs (A)-(D).
Sec. 730.006. REQUIRED DISCLOSURE WITH CONSENT.
Personal information obtained by an agency in connection with a motor vehicle record shall be disclosed to a requestor who demonstrates, in such form and manner as the agency requires, that the requestor has obtained the written consent of the person who is the subject of the information.
Sec. 730.007. PERMITTED DISCLOSURES.
(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 agent, employee, or contractor of the business, but only:
(I) to verify the accuracy of personal information submitted by the individual to the business or an agent, employee, or contractor of the business; and
the information as submitted is not correct or is no longer 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;
(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 agent, employee, or contractor 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 for bulk distribution for surveys, marketing, or solicitations, but only if the agency has implemented procedures to ensure that:
(I) persons are provided
an opportunity, in a clear and conspicuous manner, to opt out and prohibit
those uses; and
(ii) the information will be used, rented, or sold solely for bulk distribution for surveys, marketing, or solicitations, and that surveys, marketing, or solicitations will
not be directed at any individual who has timely requested that the material not be directed at that individual; and
(L) use for any other purpose specifically authorized by law that relates to the operation of a motor vehicle or to public safety.
(b) The only personal information an agency may release under this section is the individual's:
(1) name and address;
(2) date of birth; and
Sec. 730.008. DISCLOSURE OF INDIVIDUAL RECORD.
(a) Personal information obtained by an agency in connection with a motor vehicle record that is contained in an individual record may be disclosed to a requestor without regard to intended use if the Department of Public Safety has:
(1) provided, in a clear and conspicuous manner on forms for issuance or renewal of an operator's or driver's license, registration, title, or identification document, notice that personal information collected by the Department of Public Safety may be disclosed to any person making a request for an individual record; and
(2) provided in a clear and conspicuous manner on that form an opportunity for each person who is the subject of the record to prohibit that disclosure.
(b) An agency may include the notice described by Subsection (a)(1) on forms used by members of the general public.
Sec. 730.009. REQUESTS TO PROHIBIT DISCLOSURE.
Each agency shall distinguish between a request by a person under Section 730.008 to prohibit disclosure of personal information in the person's individual record and a request under Section 730.007(a)(2)(K) by a person to prohibit disclosure of that information.
Sec. 730.010. DISCLOSURE OF THUMB OR FINGER IMAGES PROHIBITED.
Notwithstanding any other provision of this chapter, if an agency obtains an image of an individual's thumb or finger in connection with the issuance of a license, permit, or certificate to the individual, the agency may:
(1) use the image only in connection with the issuance of the license, permit, or certificate; and
(2) disclose the image only if disclosure is expressly authorized by law.
Sec. 730.011. FEES.
Unless a fee is imposed by
law, an agency that has obtained information in connection with a motor
vehicle may adopt reasonable fees for disclosure of that personal information under this chapter.
Sec. 730.012. ADDITIONAL CONDITIONS.
(a) In addition to the payment of a fee adopted under Section 730.011, an agency may require a requestor to provide reasonable assurance:
(1) as to the identity of the requestor; and
(2) that use of the personal information will be only as authorized or that the consent of the person who is the subject of the information has been obtained.
(b) An agency may require the requestor to make or file a written application in the form and containing any certification requirement the agency may prescribe.
Sec. 730.013. RESALE OR REDISCLOSURE.
(a) An authorized recipient of personal information, other than a recipient under Section 730.007(a)(2)(K)(ii) or Section 730.008, may resell or redisclose the information for any use permitted under Section 730.007, other than a use described by Section 730.007(a)(2)(K)(ii).
(b) An authorized recipient of an individual record under Section 730.008 may resell or redisclose personal information for any purpose.
(c) An authorized recipient of personal information for bulk distribution for surveys, marketing, or solicitations under Section 730.007(a)(2)(K)(ii) may resell or redisclose personal information only in compliance with the terms of that section.
(d) Any authorized recipient who resells or rediscloses personal information obtained from an agency shall be required by that agency to:
(1) maintain for a period
of not less than five years records as to any person or entity receiving
that information and the permitted use for which it was obtained; and
(2) make those records available for inspection by the agency on request.
Sec. 730.014. AGENCY RULES; ORGANIZATION OF RECORDS.
(a) Each agency may adopt rules to implement and administer this chapter.
(b) An agency that maintains motor vehicle records in relation to motor vehicles is not required to also maintain those records in relation to the individuals named in those records.
Sec. 730.015. PENALTY FOR FALSE REPRESENTATION.
(a) A person who requests the disclosure of personal information from an agency's records under this chapter and misrepresents the person's identity or who makes a false statement to the agency on an application required by the agency under this chapter commits an offense.
(b) An offense under Subsection
(a) is a Class A misdemeanor.