Tex.
Transp. Code Section 730.007
Permitted Disclosures of Certain Personal Information
(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; or(v)
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, insurance support organization, or self-insured entity, or an authorized agent of an insurer, insurance support organization, or self-insured entity, in connection with claims processing or investigation activities, antifraud activities, rating, or underwriting;(G)
use in providing notice to an owner of a vehicle that was towed or impounded and is in the possession of a vehicle storage facility;(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 (Street Improvements and Assessments in Certain Municipalities);(J)
use in connection with the operation of a toll transportation facility or another type of transportation project described by Section 370.003 (Definitions);(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;(L)
use by a motor vehicle manufacturer, dealership, or distributor, or an agent of or provider of services to a motor vehicle manufacturer, dealership, or distributor, for motor vehicle market research activities, including survey research;(M)
use in the ordinary course of business by a person or authorized agent of a person who:(i)
holds a salvage vehicle dealer license issued under Chapter 2302 (Salvage Vehicle Dealers), Occupations Code;(ii)
holds an independent motor vehicle dealer or wholesale motor vehicle auction general distinguishing number issued under Chapter 503 (Dealer’s and Manufacturer’s Vehicle License Plates) of this code;(iii)
holds a used automotive parts recycler license issued under Chapter 2309 (Used Automotive Parts Recyclers), Occupations Code; or(iv)
is licensed by, registered with, or subject to regulatory oversight by the Texas Department of Motor Vehicles, the Texas Department of Banking, the Department of Savings and Mortgage Lending, the Credit Union Department, the Office of Consumer Credit Commissioner, the Texas Department of Insurance, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Consumer Financial Protection Bureau, or the National Credit Union Administration; or(N)
use by an employer, principal, general contractor, nonprofit organization, charitable organization, or religious institution to obtain or verify information relating to a person who holds a driver’s license or the driving history of a person who holds a driver’s license if the person is employed by, works under a contract with, or volunteers for the employer, principal, contractor, organization, or institution.(a-1)
Personal information obtained by the Texas Department of Motor Vehicles in connection with a motor vehicle record may be disclosed:(1)
when referring potential violations to the Texas Office of Consumer Credit Commissioner, the Department of Public Safety, law enforcement agencies, or the comptroller, if the personal information is necessary for carrying out regulatory functions;(2)
to the attorney general as part of a response by the Texas Department of Motor Vehicles to a subpoena or a discovery request, if the personal information is necessary for litigation purposes; or(3)
to a county assessor-collector if the personal information is related to a finding from an audit or investigation conducted under Section 520.010 (Audit and Investigation Related to Registration and Titling Services).(a-2)
Subsection (a)(2)(C) does not authorize the disclosure of personal information to a natural person who is not a business licensed by, registered with, or subject to regulatory oversight by a government agency.(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 (Financial Assistance and Service Programs) or 33 (Nutritional Assistance Programs), 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 (Criminal History Clearinghouse), Government Code, in connection with a motor vehicle record may be disclosed as provided by that section.(g)
An agency may request that an authorized recipient or other person in possession of personal information disclosed for a use authorized by this section provide to the agency information sufficient for the agency to determine whether the authorized recipient or person has complied with this chapter, agency rules, or other law that applies to the disclosed personal information. The authorized recipient or person shall provide the requested information not later than the fifth business day after the date the agency submits the request unless the agency extends the deadline to provide a reasonable period to produce the requested information.
Source:
Section 730.007 — Permitted Disclosures of Certain Personal Information, https://statutes.capitol.texas.gov/Docs/TN/htm/TN.730.htm#730.007 (accessed Apr. 29, 2024).
