HBA-BSM, MSH H.B. 799 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 799 By: Gallego State Affairs 2/21/2001 Introduced BACKGROUND AND PURPOSE Currently, the Motor Vehicle Records Disclosure Act is located in the Transportation Code. In addition, under current law there are several situations in which personal information contained in a motor vehicle record may be disclosed to a requestor. These situations include legitimate governmental uses and situations in which a requestor seeks to use the information for other business purposes. In this situation, current law only gives the individual whose information is being sought an opportunity to expressly prohibit such a disclosure . House Bill 799 transfers portions of the Motor Vehicle Records Disclosure Act from the Transportation Code to the public information statute in the Government Code, and prohibits disclosure of certain personal information unless written consent is obtained for the information. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to an agency of this state that compiles or maintains motor vehicle records in SECTION 1 (Section 552.137, Government Code) of this bill. ANALYSIS House Bill 799 amends the Government and Transportation codes to transfer certain provisions of the Motor Vehicle Records Disclosure Act from the Transportation Code to the public information statute of the Government Code. The bill also prohibits a governmental body from disclosing personal information that is collected, assembled, or maintained by the governmental body about an individual in connection with the issuance of a license to the individual by the governmental body other than the individual's name, address, and date of birth unless other applicable law permits the disclosure or the individual consents in writing to the disclosure (Secs. 552.136 and 552.137). In addition, in a situation where information may be released in accordance with law, each state agency that maintains or compiles motor vehicle records is required, by rule, to prescribe the amount of a fee to be charged to the requestor for providing the information (Sec. 552.137). The bill also repeals provisions of law allowing the disclosure of information from a person's motor vehicle record only if the requestor agrees not to have the information published on the Internet (SECTION 11). EFFECTIVE DATE September 1, 2001.