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.