Bill Text: TX HB2396 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the use of personal driver's license information disclosed by a state agency or political subdivision.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-30 - Left pending in committee [HB2396 Detail]

Download: Texas-2021-HB2396-Introduced.html
  87R7025 JXC-D
 
  By: Meyer H.B. No. 2396
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of personal driver's license information
  disclosed by a state agency or political subdivision.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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; or
                           (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;
                     (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 2.  Section 730.013, Transportation Code, is amended
  by adding Subsection (b-1) to read as follows:
         (b-1)  A person or entity who receives personal information
  that pertains to a driver's license or permit from an authorized
  recipient under this section may not use the personal information
  for bulk distribution for surveys, marketing, or solicitations
  regardless of whether that use would be permitted under Section
  730.007.
         SECTION 3.  This Act takes effect September 1, 2021.
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