HBA-DMD H.B. 3599 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3599 By: McClendon Public Safety 4/27/1999 Introduced BACKGROUND AND PURPOSE H.B. 3599 requires the Department of Public Safety (DPS) to inform each person applying for a driver's license, commercial driver's license, or a personal identification certificate that DPS is authorized to sell information relating to the person obtained by DPS in connection with the person's application unless the person elects to prohibit DPS from selling that information. This bill requires DPS to provide notice in a clear and conspicuous manner on the necessary forms that information collected by DPS in connection with the license or certificate may be sold by DPS and to provide an opportunity for the person applying for the driver's license or personal identification certificate to prohibit the sale of that information. 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 521.0503, as follows: Sec. 521.0503. SALE OF INFORMATION IN DRIVER'S LICENSE FILES. (a) Requires the Department of Public Safety (DPS) to inform each person applying for a driver's license or a personal identification certificate that DPS is authorized to sell information relating to the person obtained by DPS in connection with the person's application unless the person elects to prohibit DPS from selling that information. (b) Requires DPS to provide notice in a clear and conspicuous manner on the necessary forms that information collected by DPS in connection with the license or certificate is authorized to be sold by DPS and to provide an opportunity for the person applying for the driver's license or personal identification certificate to prohibit the sale of that information. SECTION 2. Amends Subchapter C, Chapter 522, Transportation Code, by adding Section 522.033, as follows: Sec. 522.033. SALE OF INFORMATION IN COMMERCIAL DRIVER'S LICENSE FILES. (a) Requires DPS to inform each person applying for a commercial driver's license that DPS is authorized to sell information relating to the person obtained by DPS in connection with the person's application unless the person elects to prohibit DPS from selling that information. (b) Requires DPS to provide notice in a clear and conspicuous manner on the necessary forms that information collected by DPS in connection with the license is authorized to be sold by DPS and to provide an opportunity for the person applying for the commercial driver's license to prohibit the sale of that information. SECTION 3.Effective date: September 1, 1999. SECTION 4.Emergency clause.