HBA-DMD H.B. 1296 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1296
By: Hupp
Public Safety
3/2/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a New Hampshire company is buying drivers' license photographs
from various states' departments of public safety and creating a database
containing the photographs and other personal information, to be accessed
by their clients.  Officials from some states that have already sold
pictures to the company are currently trying to cancel the contracts.  H.B.
1296 prohibits the Department of Public Safety from selling photographs
from a driver's license, a commercial driver's license, or a personal
identification certificate without the consent of the person who is
depicted in the photograph. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 521, Transportation Code, by
adding Section 521.0505, as follows: 

Sec. 521.0505.  SALE OF PHOTOGRAPHS; COPYING UNDER PUBLIC INFORMATION LAW.
Prohibits the Department of Public Safety (department) from selling a
photograph or a duplicate of a photograph that is taken by the department
when issuing a driver's license or a personal identification certificate
unless the person depicted in the photograph consents to the sale. 

SECTION 2.  Amends Subchapter C, Chapter 522, Transportation Code, by
adding Section 522.033, as follows: 

Sec. 522.033.  SALE OF PHOTOGRAPHS.  Prohibits the department from selling
a photograph or a duplicate of a photograph that is taken by the department
when issuing a commercial driver's license unless the person depicted in
the photograph consents to the sale. 

SECTION 3.Emergency clause.
  Effective date: upon passage.