CHAPTER 730. MOTOR VEHICLE RECORDS DISCLOSURE ACT - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE J. MISCELLANEOUS PROVISIONS

CHAPTER 730. MOTOR VEHICLE RECORDS DISCLOSURE ACT

Sec. 730.001. SHORT TITLE. This chapter may be cited as the

Motor Vehicle Records Disclosure Act.

Added by Acts 1997, 75th Leg., ch. 1187, Sec. 1, eff. Sept. 1,

1997.

Sec. 730.002. PURPOSE. The purpose of this chapter is to

implement 18 U.S.C. Chapter 123 and to protect the interest of an

individual in the individual's personal privacy by prohibiting

the disclosure and use of personal information contained in motor

vehicle records, except as authorized by the individual or by

law.

Added by Acts 1997, 75th Leg., ch. 1187, Sec. 1, eff. Sept. 1,

1997.

Sec. 730.003. DEFINITIONS. In this chapter:

(1) "Agency" includes any agency or political subdivision of

this state, or an authorized agent or contractor of an agency or

political subdivision of this state, that compiles or maintains

motor vehicle records.

(2) "Disclose" means to make available or make known personal

information contained in a motor vehicle record about a person to

another person, by any means of communication.

(3) "Individual record" means a motor vehicle record obtained by

an agency containing personal information about an individual who

is the subject of the record as identified in a request.

(4) "Motor vehicle record" means a record that pertains to a

motor vehicle operator's or driver's license or permit, motor

vehicle registration, motor vehicle title, or identification

document issued by an agency of this state or a local agency

authorized to issue an identification document. The term does not

include:

(A) a record that pertains to a motor carrier; or

(B) an accident report prepared under Chapter 550 or 601.

(5) "Person" means an individual, organization, or entity but

does not include this state or an agency of this state.

(6) "Personal information" means information that identifies a

person, including an individual's photograph or computerized

image, social security number, driver identification number,

name, 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

Chapter 550 or 601.

(7) "Record" includes any book, paper, photograph, photostat,

card, film, tape, recording, electronic data, printout, or other

documentary material regardless of physical form or

characteristics.

Added by Acts 1997, 75th Leg., ch. 1187, Sec. 1, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 1032, Sec. 6, eff.

Sept. 1, 2001.

Sec. 730.004. PROHIBITION ON DISCLOSURE AND USE OF PERSONAL

INFORMATION FROM MOTOR VEHICLE RECORDS. Notwithstanding any

other provision of law to the contrary, including Chapter 552,

Government Code, except as provided by Sections 730.005-730.007,

an agency may not disclose personal information about any person

obtained by the agency in connection with a motor vehicle record.

Added by Acts 1997, 75th Leg., ch. 1187, Sec. 1, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 1032, Sec. 7, eff.

Sept. 1, 2001.

Sec. 730.005. REQUIRED DISCLOSURE. Personal information

obtained by an agency in connection with a motor vehicle record

shall be disclosed for use in connection with any matter of:

(1) motor vehicle or motor vehicle operator safety;

(2) motor vehicle theft;

(3) motor vehicle emissions;

(4) motor vehicle product alterations, recalls, or advisories;

(5) performance monitoring of motor vehicles or motor vehicle

dealers by a motor vehicle manufacturer;

(6) removal of nonowner records from the original owner records

of a motor vehicle manufacturer to carry out the purposes of:

(A) the Automobile Information Disclosure Act, 15 U.S.C. Section

1231 et seq.;

(B) 49 U.S.C. Chapters 301, 305, 323, 325, 327, 329, and 331;

(C) the Anti Car Theft Act of 1992, 18 U.S.C. Sections 553, 981,

982, 2119, 2312, 2313, and 2322, 19 U.S.C. Sections 1646b and

1646c, and 42 U.S.C. Section 3750a et seq., all as amended;

(D) the Clean Air Act, 42 U.S.C. Section 7401 et seq., as

amended; and

(E) any other statute or regulation enacted or adopted under or

in relation to a law included in Paragraphs (A)-(D); or

(7) child support enforcement under Chapter 231, Family Code.

Added by Acts 1997, 75th Leg., ch. 1187, Sec. 1, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 1023, Sec. 72, eff.

Sept. 1, 2001.

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

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.

Added by Acts 1997, 75th Leg., ch. 1187, Sec. 1, eff. Sept. 1,

1997.

Sec. 730.007. PERMITTED DISCLOSURES. (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;

(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.

(b) The only personal information an agency may release under

this section is the individual's:

(1) name and address;

(2) date of birth; and

(3) driver's license number.

(c) This section does not:

(1) prohibit the disclosure of a person's photographic image to:

(A) a law enforcement agency or a criminal justice agency for an

official purpose; or

(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

(2) prevent a court from compelling by subpoena the production

of a person's photographic image.

(d) Personal information obtained by an agency in connection

with a motor vehicle record shall be disclosed to a 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 intent of the requestor is to use

personal information in the motor vehicle record only for the

purpose of preventing, detecting, or protecting against personal

identity theft or other acts of fraud and provides any proof of

the requestor's intent required by the agency.

(e) If the agency determines that the requestor intends to use

personal information requested under Subsection (d) only for the

represented purpose, the agency shall release to the requestor

any requested personal information in the motor vehicle record.

(f) Personal information obtained by an agency under Section

411.0845, Government Code, in connection with a motor vehicle

record may be disclosed as provided by that section.

Added by Acts 1997, 75th Leg., ch. 1187, Sec. 1, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 1032, Sec. 7, eff.

Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1372, Sec. 26, eff. June 15, 2007.

Sec. 730.010. DISCLOSURE OF THUMB OR FINGER IMAGES PROHIBITED.

Notwithstanding any other provision of this chapter, if an agency

obtains an image of an individual's thumb or finger in connection

with the issuance of a license, permit, or certificate to the

individual, the agency may:

(1) use the image only:

(A) in connection with the issuance of the license, permit, or

certificate; or

(B) to verify the identity of an individual as provided by

Section 521.059; and

(2) disclose the image only if disclosure is expressly

authorized by law.

Added by Acts 1997, 75th Leg., ch. 1187, Sec. 1, eff. Sept. 1,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1108, Sec. 6, eff. September 1, 2005.

Sec. 730.011. FEES. Unless a fee is imposed by law, an agency

that has obtained information in connection with a motor vehicle

may adopt reasonable fees for disclosure of that personal

information under this chapter.

Added by Acts 1997, 75th Leg., ch. 1187, Sec. 1, eff. Sept. 1,

1997.

Sec. 730.012. ADDITIONAL CONDITIONS. (a) In addition to the

payment of a fee adopted under Section 730.011, an agency may

require a requestor to provide reasonable assurance:

(1) as to the identity of the requestor; and

(2) that use of the personal information will be only as

authorized or that the consent of the person who is the subject

of the information has been obtained.

(b) An agency may require the requestor to make or file a

written application in the form and containing any certification

requirement the agency may prescribe.

Added by Acts 1997, 75th Leg., ch. 1187, Sec. 1, eff. Sept. 1,

1997.

Sec. 730.013. RESALE OR REDISCLOSURE. (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.

(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 $25,000.

Added by Acts 1997, 75th Leg., ch. 1187, Sec. 1, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 1032, Sec. 7, eff.

Sept. 1, 2001.

Sec. 730.014. AGENCY RULES; ORGANIZATION OF RECORDS. (a) Each

agency may adopt rules to implement and administer this chapter.

(b) An agency that maintains motor vehicle records in relation

to motor vehicles is not required to also maintain those records

in relation to the individuals named in those records.

Added by Acts 1997, 75th Leg., ch. 1187, Sec. 1, eff. Sept. 1,

1997.

Sec. 730.015. PENALTY FOR FALSE REPRESENTATION. (a) A person

who requests the disclosure of personal information from an

agency's records under this chapter and misrepresents the

person's identity or who makes a false statement to the agency on

an application required by the agency under this chapter commits

an offense.

(b) An offense under Subsection (a) is a Class A misdemeanor.

Added by Acts 1997, 75th Leg., ch. 1187, Sec. 1, eff. Sept. 1,

1997.

Sec. 730.016. INELIGIBILITY OF CERTAIN PERSONS TO RECEIVE

PERSONAL INFORMATION. (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, is ineligible to receive

personal information under Section 730.007.

(b) For purposes of Subsection (a), a person is considered to

have been convicted in a case if:

(1) a sentence is imposed;

(2) the defendant receives probation or deferred adjudication;

or

(3) the court defers final disposition of the case.

Added by Acts 2001, 77th Leg., ch. 1032, Sec. 8, eff. Sept. 1,

2001.