Bill Text: TX SB1208 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the disclosure of personal information contained in motor vehicle records; creating a criminal offense; providing penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-17 - Referred to Business & Commerce [SB1208 Detail]

Download: Texas-2015-SB1208-Introduced.html

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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.