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Texas Business & Commerce Code - Section 35.54. Use Of Crime Victim Or Motor Vehicle Accident Information For Certain Purposes Prohibited

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 35.54. Use Of Crime Victim Or Motor Vehicle Accident Information For Certain Purposes Prohibited

§ 35.54. USE OF CRIME VICTIM OR MOTOR VEHICLE ACCIDENT INFORMATION FOR CERTAIN PURPOSES PROHIBITED. (a) In this section: (1) "Crime victim information" means information that is collected or prepared by a law enforcement agency that identifies or serves to identify a person who, according to the records of the law enforcement agency, may have been the victim of a crime in which physical injury to the person occurred or was attempted or in which the offender entered or attempted to enter the dwelling of the person. (2) "Motor vehicle accident information" means information that is collected or prepared by a law enforcement agency that identifies or serves to identify a person who, according to the records of the law enforcement agency, may have been involved in a motor vehicle accident. (b) A person who has possession of crime victim or motor vehicle accident information that the person obtained or knows was obtained from a law enforcement agency may not use the information to contact directly a person who is a crime victim or who was involved in a motor vehicle accident or a member of the person's family for the purpose of soliciting business from the person or family member and may not sell the information to another person for financial gain. (c) The attorney general may bring an action against a person who violates Subsection (b) of this section pursuant to Section 17.47 of this code. (d) A person who violates Subsection (b) of this section commits an offense. An offense under this subsection is a Class C misdemeanor unless the defendant has been previously convicted under this subsection more than two times, in which event the offense is a felony of the third degree. Added by Acts 1989, 71st Leg., 1st C.S., ch. 4, § 1, eff. Jan. 1, 1990. Amended by Acts 1991, 72nd Leg., ch. 860, § 1, eff. Sept. 1, 1991.

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Last modified: August 10, 2007