Informal Working Drafts and Request for Informal Comments on Rules Relating to Implementation of Senate Bill 15

Informal Working Drafts and Request for Informal Comments on Rules Relating to Implementation of Senate Bill 15

The Texas Department of Motor Vehicles has prepared informal working drafts of amendments to its rules to implement Senate Bill 15 from the 2021 regular legislative session, the Texas Consumer Privacy Act Phase I.

TxDMV is seeking comments from the public on the informal working draft, and specifically invites feedback on the questions below.

This informal posting of the drafts is intended to gather comments prior to any formal publication of proposed rules in the Texas Register.  The drafts, and the instructions on how to provide comments about them, can be read at https://www.txdmv.gov/general-counsel.   The informal comment period is open until January 17.

Submit your comments to the Office of General Counsel, at rules@txdmv.gov. 

For more information, please contact the Office of General Counsel at 512-465-5665.

TxDMV requests comments on the following questions:

1.       Do the requirements under informal working draft Section 217.123(c) for law enforcement to provide current law enforcement credentials, electronic verification, or a written statement from a supervising officer on letterhead make it easier to receive personal information for criminal investigations than the existing rule that is limited to providing current law enforcement credentials?

2.       Does the requirement to enter into an in-bulk contract with the department for any request over 250 individual motor vehicle records or for information the requestor intends to redisclose for compensation provide enough clarity to those persons that will be required to enter into a contract prior to receiving any personal information? In other words, is it clear that any requests that result in the disclosure of 250 or more motor vehicle records containing personal information will be required to enter into an in-bulk contract prior to the release of records?

3.       Does the informal working draft of Section 217.1231 clearly establish the required documentation that must be submitted to the department prior to entering into an in-bulk contract?

4.       The department is considering ways to enter into in-bulk contracts required by Transportation Code Section 730.014.  As a requestor, are there any special circumstances the department should consider in developing the in-bulk contract requirements under the statute?

5.       Are there any additional comments or points of clarification that the rule should address?