This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

  84R9507 JAM-D
 
  By: Kolkhorst S.B. No. 1208
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disclosure of personal information contained in
  motor vehicle records; creating a criminal offense; providing
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 730.013, Transportation
  Code, is amended to read as follows:
         Sec. 730.013.  [RESALE OR] REDISCLOSURE.
         SECTION 2.  Sections 730.013(a), (b), and (c),
  Transportation Code, are amended to read as follows:
         (a)  An authorized recipient of personal information may not
  [resell or] redisclose the personal information in the identical or
  a substantially identical format the personal information was
  disclosed to the recipient by the applicable agency.
         (b)  An authorized recipient of personal information may
  [resell or] redisclose the information only for a use permitted
  under Section 730.007.
         (c)  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)  provide copies of those records to the agency on
  request.
         SECTION 3.  Chapter 730, Transportation Code, is amended by
  adding Section 730.0135 to read as follows:
         Sec. 730.0135.  CERTAIN SALES PROHIBITED. (a)
  Notwithstanding any other law, an agency may not sell personal
  information about any person obtained by the agency in connection
  with a motor vehicle record unless the agency has:
               (1)  obtained the written consent of the person who is
  the subject of the information; and
               (2)  obtained and verified the identity of the
  purchaser of the information.
         (b)  An authorized recipient of personal information may not
  resell the personal information disclosed to the recipient by the
  applicable agency. A person commits an offense if the person
  violates this subsection. An offense under this subsection is a
  misdemeanor punishable by a fine not to exceed $25,000.
         SECTION 4.  (a) Section 730.013(c), Transportation Code, as
  amended by this Act, does not affect an obligation to maintain
  records imposed under that section before the effective date of
  this Act. An obligation to maintain records imposed before the
  effective date of this Act is governed by the law as it existed
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         (b)  The change in law made by this Act applies only to an
  offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 5.  This Act takes effect September 1, 2015.