Bill Text: TX HB2099 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the disclosure of personal information associated with a motor vehicle record for certain purposes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-04-06 - Left pending in committee [HB2099 Detail]

Download: Texas-2021-HB2099-Introduced.html
  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.
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