Sec. 730.007. PERMITTED DISCLOSURES. (a) Personal information obtained by an agency in connection with a motor vehicle record may be disclosed to any requestor by an agency if the requestor:
(1) provides the requestor's name and address and any proof of that information required by the agency; and
(2) represents that the use of the personal information will be strictly limited to:
(A) use by:
(i) a government agency, including any court or law enforcement agency, in carrying out its functions; or
(ii) a private person or entity acting on behalf of a government agency in carrying out the functions of the agency;
(B) use in connection with a matter of:
(i) motor vehicle or motor vehicle operator safety;
(ii) motor vehicle theft;
(iii) motor vehicle product alterations, recalls, or advisories;
(iv) performance monitoring of motor vehicles, motor vehicle parts, or motor vehicle dealers;
(v) motor vehicle market research activities, including survey research; or
(vi) removal of nonowner records from the original owner records of motor vehicle manufacturers;
(C) use in the normal course of business by a legitimate business or an authorized agent of the business, but only:
(i) to verify the accuracy of personal information submitted by the individual to the business or the agent of the business; and
(ii) if the information is not correct, to obtain the correct information, for the sole purpose of preventing fraud by, pursuing a legal remedy against, or recovering on a debt or security interest against the individual;
(D) use in conjunction with a civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self-regulatory body, including service of process, investigation in anticipation of litigation, execution or enforcement of a judgment or order, or under an order of any court;
(E) use in research or in producing statistical reports, but only if the personal information is not published, redisclosed, or used to contact any individual;
(F) use by an insurer or insurance support organization, or by a self-insured entity, or an authorized agent of the entity, in connection with claims investigation activities, antifraud activities, rating, or underwriting;
(G) use in providing notice to an owner of a towed or impounded vehicle;
(H) use by a licensed private investigator agency or licensed security service for a purpose permitted under this section;
(I) use by an employer or an agent or insurer of the employer to obtain or verify information relating to a holder of a commercial driver's license that is required under 49 U.S.C. Chapter 313;
(J) use in connection with the operation of a private toll transportation facility;
(K) use by a consumer reporting agency, as defined by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), for a purpose permitted under that Act; or
(L) use for any other purpose specifically authorized by law that relates to the operation of a motor vehicle or to public safety.
(b) The only personal information an agency may release under this section is the individual's:
(1) name and address;
(2) date of birth; and
(3) driver's license number.
(c) This section does not:
(1) prohibit the disclosure of a person's photographic image to:
(A) a law enforcement agency, the Texas Department of Motor Vehicles, a county tax assessor-collector, or a criminal justice agency for an official purpose;
(B) an agency of this state investigating an alleged violation of a state or federal law relating to the obtaining, selling, or purchasing of a benefit authorized by Chapter 31 or 33, Human Resources Code; or
(C) an agency of this state investigating an alleged violation of a state or federal law under authority provided by Title 4, Labor Code; or
(2) prevent a court from compelling by subpoena the production of a person's photographic image.
(d) Personal information obtained by an agency in connection with a motor vehicle record shall be disclosed to a requestor by an agency if the requestor:
(1) provides the requestor's name and address and any proof of that information required by the agency; and
(2) represents that the intent of the requestor is to use personal information in the motor vehicle record only for the purpose of preventing, detecting, or protecting against personal identity theft or other acts of fraud and provides any proof of the requestor's intent required by the agency.
(e) If the agency determines that the requestor intends to use personal information requested under Subsection (d) only for the represented purpose, the agency shall release to the requestor any requested personal information in the motor vehicle record.
(f) Personal information obtained by an agency under Section 411.0845, Government Code, in connection with a motor vehicle record may be disclosed as provided by that section.
Added by Acts 1997, 75th Leg., ch. 1187, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1032, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 26, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 869 (S.B. 76), Sec. 7, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 133, eff. September 1, 2013.
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