Texas Transportation Code § 521.060 Emergency Contact And Medical Information Databases

Sec. 521.060. EMERGENCY CONTACT AND MEDICAL INFORMATION DATABASES. (a) The department shall maintain in its files a record of the name, address, and telephone number of each individual identified by the holder of a driver's license or personal identification certificate as an individual the holder authorizes to be contacted in the event that the holder is injured or dies in or as a result of a vehicular accident or another emergency situation. In addition, the department shall maintain in its files a record of any medical information described by Section 521.125(a) that is provided to the department under Subsection (c) or any health condition information that is voluntarily provided to the department under Section 521.142(h).

(b) A record maintained by the department under Subsection (a) is confidential and, on request, may be disclosed:

(1) only to a peace officer in this or another state;

(2) only if the peace officer is otherwise authorized to obtain information in the driver's license or personal identification certificate files of the department; and

(3) only for the purpose, as applicable, of making contact with a named individual to report the injury to or death of the holder of the driver's license or personal identification certificate, learning the nature of any medical information reported by the person who holds the driver's license or identification certificate, or learning whether the person who holds the driver's license or identification certificate has a health condition that may impede communications with the peace officer.

(c) An application for an original, renewal, or duplicate driver's license or personal identification certificate must:

(1) be designed to allow, but not require, the applicant to provide:

(A) the name, address, and telephone number of not more than two individuals to be contacted if the applicant is injured or dies in a circumstance described by Subsection (a); and

(B) in addition to health condition information voluntarily provided under Section 521.142(h), medical information described by Section 521.125(a); and

(2) include a statement that:

(A) describes the confidential nature of the information; and

(B) states that by providing the department with the information, the applicant consents to the limited disclosure and use of the information.

(d) The department shall establish and maintain on the department's Internet website forms and procedures by which the holder of a driver's license or personal identification certificate may request that the department:

(1) add specific emergency contact or medical information described by Subsection (a) to the appropriate file maintained by the department; or

(2) amend or delete emergency contact or medical information the holder previously provided to the department.

(e) The forms and procedures maintained under Subsection (d) must comply with Subsection (c).

(f) Subsection (b) does not prohibit the department from disclosing information to the holder of a driver's license or personal identification certificate who provided the information or to an authorized agent of the holder.

Added by Acts 2009, 81st Leg., R.S., Ch. 1362 (S.B. 652), Sec. 1, eff. September 1, 2009.

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Last modified: September 28, 2016