87R8320 JXC-F
	By: King of Parker	H.B. No. 3471

	A BILL TO BE ENTITLED
	AN ACT
	relating to the Texas Consumer Privacy Act Phase I; creating
	criminal offenses; increasing the punishment for an existing
	criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act may be cited as the Texas Consumer
	Privacy Act Phase I.
	SECTION 2.  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 Sections
	730.007(a)(2)(A), (B), and (E) [Sections 730.007(a)(2)(A), (D),
	and (I)].
	SECTION 3.  Section 730.003, Transportation Code, is amended
	by adding Subdivision (1-a) and amending Subdivision (6) to read as
	follows:
	(1-a) "Authorized recipient" means a person who
	receives personal information directly from an agency in a manner
	authorized by this chapter.
	(6)  "Personal information" means information that
	identifies a person, including an individual's photograph or
	computerized image, social security number, date of birth, [driver]
	identification number, name, address, e-mail address [but not the
	zip code], telephone number, and medical or disability information.
	The term does not include:
	(A)  information on vehicle accidents, driving or
	equipment-related violations, or driver's license or registration
	status; or
	(B)  information contained in an accident report
	prepared under:
	(i)  Chapter 550; or
	(ii)  former Section 601.004 before
	September 1, 2017.
	SECTION 4.  Section 730.006, Transportation Code, is amended
	to read as follows:
	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:
	(1)  is the subject of the information; or
	(2)  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.
	SECTION 5.  The heading to Section 730.007, Transportation
	Code, is amended to read as follows:
	Sec. 730.007.  PERMITTED DISCLOSURES OF CERTAIN PERSONAL
	INFORMATION.
	SECTION 6.  Sections 730.007(a) and (c), Transportation
	Code, are 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 the Texas Department of Motor
	Vehicles, the Department of Public Safety, the Texas Department of
	Transportation, a [:
	[(i)  a government agency, including any]
	court, or a 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;
	(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;
	(D)  [(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
	vehicle that was towed or impounded and is in the possession of the
	requestor [vehicle];
	(E)  [(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;
	(F) [(J)]  use in connection with the operation of
	a private toll transportation facility; or
	(G) [(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].
	(c)  This section does not:
	(1)  prohibit the disclosure of a person's photographic
	image to:
	(A)  a law enforcement agency, the Texas
	Department of Motor Vehicles, [a county tax assessor-collector,] or
	a criminal justice agency for an official purpose;
	(B)  an agency of this state investigating an
	alleged violation of a state or federal law relating to the
	obtaining, selling, or purchasing of a benefit authorized by
	Chapter 31 or 33, Human Resources Code; or
	(C)  an agency of this state investigating an
	alleged violation of a state or federal law under authority
	provided by Title 4, Labor Code; or
	(2)  prevent a court from compelling by subpoena the
	production of a person's photographic image.
	SECTION 7.  Chapter 730, Transportation Code, is amended by
	adding Sections 730.0121, 730.0122, and 730.0123 to read as
	follows:
	Sec. 730.0121.  DELETION OF INFORMATION REQUIRED IF NOT
	AUTHORIZED RECIPIENT. An agency by rule shall require a requestor
	to delete from the requestor's records personal information
	received from the agency under this chapter if the requestor
	becomes aware that the requestor is not an authorized recipient of
	that information.
	Sec. 730.0122.  SALE PROHIBITED. (a) A person may not sell
	personal information obtained by an agency in connection with a
	motor vehicle record.
	(b)  A person commits an offense if the person violates
	Subsection (a). An offense under this subsection is a misdemeanor
	punishable by a fine not to exceed $100,000.
	Sec. 730.0123.  CIVIL SUIT. (a) A person who sells personal
	information obtained by an agency in connection with a motor
	vehicle record is liable to the person who is the subject of the
	information for:
	(1)  actual damages;
	(2)  if the actual damages to the person are less than
	$2,500, an additional amount so that the total amount of damages
	equals $2,500; and
	(3)  court costs and reasonable attorney's fees
	incurred by the person who is the subject of the information in
	bringing the action.
	(b)  A person whose personal information has been sold in
	violation of this section may sue for:
	(1)  the damages, costs, and fees authorized under
	Subsection (a);
	(2)  injunctive relief; and
	(3)  any other equitable remedy determined to be
	appropriate by the court.
	(c)  A district court has exclusive original jurisdiction
	over a cause of action brought under this section.
	SECTION 8.  Section 730.013, Transportation Code, is amended
	to read as follows:
	Sec. 730.013.  [RESALE OR] REDISCLOSURE; OFFENSE. (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)  An [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.
	(c-1)  A person who receives personal information from an
	authorized recipient may not redisclose the personal information.
	(c-2)  An authorized recipient shall notify each person who
	receives personal information from the authorized recipient that
	the person may not redisclose the personal information.
	(d)  A person commits an offense if the person violates this
	section. An offense under this subsection is a misdemeanor
	punishable by a fine not to exceed $100,000 per record of personal
	information that is a subject of the violation [$25,000].
	SECTION 9.  The heading to Section 730.016, Transportation
	Code, is amended to read as follows:
	Sec. 730.016.  INELIGIBILITY OF CERTAIN PERSONS TO RECEIVE,
	RETAIN, OR REDISCLOSE PERSONAL INFORMATION; OFFENSE.
	SECTION 10.  Section 730.016, Transportation Code, is
	amended by amending Subsection (a) and adding Subsection (c) to
	read as follows:
	(a)  A person who is convicted of an offense under this
	chapter, or who violates a rule adopted by an agency relating to the
	terms or conditions for a release of personal information to the
	person:
	(1)[,] is ineligible to receive personal information
	under Section 730.007;
	(2)  not later than one year after the date of
	conviction or of the agency's final determination of a rule
	violation, shall delete from the person's records all personal
	information received under this chapter; and
	(3)  may not redisclose personal information received
	under this chapter.
	(c)  A person commits an offense if the person violates this
	section. An offense under this subsection is a misdemeanor
	punishable by a fine not to exceed $100,000 per record of personal
	information that is a subject of the violation.
	SECTION 11.  The changes in law made by this Act apply 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 12.  (a) Section 730.0121, Transportation Code, as
	added by this Act, applies to a person who received personal
	information under Chapter 730, Transportation Code, before the
	effective date of this Act, and is not an authorized recipient of
	that personal information under Chapter 730, Transportation Code,
	as amended by this Act.
	(b)  Notwithstanding Subsection (a) of this section, an
	agency to which Section 730.0121, Transportation Code, as added by
	this Act, applies may not require a person who received personal
	information from the agency before the effective date of this Act
	and is not an authorized recipient, as defined by Section
	730.003(1-a), Transportation Code, as added by this Act, of that
	information to delete the information before the first anniversary
	of the effective date of this Act.
	SECTION 13.  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.