HBA-DMD H.B. 1831 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1831
By: Turner, Bob
Public Safety
3/23/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Department of Public Safety (department) provides a
three-year driver's license report to qualified persons.  Using these
reports, insurance companies set driver premiums based on information that
the department provides concerning a particular driver.  If an insurance
company is unaware of an individual's driving habits it is unable to assess
the proper premium.  H.B. 1831 requires the department to enter into
contracts to provide the contracting party with information that is
authorized to be released and to provide a 30-day report on traffic law
convictions and accidents involving certain drivers about whom the
contracting party requests information.  The bill also sets a monthly fee
for providing the information and establishes a payment process. 

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 521.0465, as follows: 

Sec. 521.0465.  CONTRACTS FOR DISCLOSURE OF CERTAIN ACCIDENT AND CONVICTION
INFORMATION.  (a) Requires the Department of Public Safety (department) to
enter into contracts to provide the other contracting party with
information that is authorized to be released under Sections 521.045
(Disclosure of Certain Information Relating to Individual Operator) or
521.046 (Disclosure of Accident and Conviction Information) and relates to
traffic law convictions of individuals or the occurrences of motor vehicle
accidents involving individuals during any 30-day period that is specified
by the persons entering into the contract. 

(b) Sets forth that Subsection (a) applies only if the person is eligible
to receive the information under Chapter 730 (Motor Vehicle Records
Disclosure Act). 

(c) Provides that a contract entered into under Subsection (a) must require
the contracting party to submit to the department the individuals' drivers
license numbers or full names and dates of birth of the persons that the
contracting party is seeking information about and pay a monthly fee to the
department for providing the information in an amount equal to the
department's direct cost of providing the information or $3,000, whichever
is greater. 

(d) Authorizes the department to require that a person who enters into a
contract under Subsection (a) must provide the department with a certified
check, cashier's check, or bond issued by a surety company that is
authorized to do business in this state in an amount equal to the first
payment due under the contract to guarantee the person's performance under
the contract. 

SECTION 2.Effective date: September 1, 1999.

 SECTION 3.Emergency clause.