| (a) Except as required under subsection (f) of this
section, a requestor seeking personal information from department
motor vehicle records shall submit a written request in a form required
by the department. A completed and properly executed form must include:
(1) the name and address of the requestor;
(2) a description of the requested motor vehicle records
, including the Texas license plate number, title or document number,
or vehicle identification number of the motor vehicle about which
information is requested;
(3) proof of the requestor's identity, in accordance
with subsections (b) or (c) of this section;
(4) a statement that the requestor:
(A) is the subject of the record;
(B) has the written consent of the person who is the
subject of the record; or
(C) will strictly limit the use of the personal information
in department motor vehicle records to a permitted use under Transportation
Code Chapter 730, as indicated on the form;
(5) a certification that the statements made on the
form are true and correct; and
(6) the signature of the requestor.
(b) Except as required by subsection (c) of this section,
a requestor must provide the requestor's current photo identification
containing a unique identification number. The identification must
be a:
(1) driver's license, Texas Department of Public Safety
identification, or state identification certificate issued by a state
or territory of the United States;
(2) United States or foreign passport;
(3) United States military identification card;
(4) United States Department of Homeland Security,
United States Citizenship and Immigration Services, or United States
Department of State identification document;
(5) concealed handgun license or license to carry a
handgun issued by the Texas Department of Public Safety under Government
Code Chapter 411, Subchapter H; or
(6) North Atlantic Treaty Organization identification
or identification issued under a Status of Forces Agreement.
(c) A requestor seeking personal information from department
motor vehicle records for use by a law enforcement agency must:
(1) present the requestor's current law enforcement
credentials;
(2) electronically submit the request in a manner that
the department can verify that the requestor is acting on behalf of
a law enforcement agency; or
(3) provide a written statement from a higher level
in the chain of command on the law enforcement agency's letterhead
stating that the requestor is not authorized to provide current law
enforcement credentials and identifying the law enforcement agency's
incident or case number for which the personal information is needed.
(d) A requestor seeking personal information from department
motor vehicle records for use by a law enforcement agency may submit
a verbal request to the department if the law enforcement agency has
provided reasonable assurances that were accepted by the department
as to the identity of the requestor within the last 12 months on a
form required by the department. If a request is submitted verbally,
the department may require the requestor to confirm the request in
writing.
(e) A requestor may receive electronic access to department
motor vehicle records under the terms and conditions of a service
agreement.
(1) Before a requestor can enter into a service agreement,
the requestor must file a completed application on a form required
by the department, for review and approval by the department. An application
for a service agreement must include:
(A) a statement that the requestor will strictly limit
the use of the personal information from department motor vehicle
records to a permitted use under Transportation Code Chapter 730,
as indicated on the application;
(B) the name and address of the requestor;
(C) proof of the requestor's identity, in accordance
with subsections (b) or (c) of this section;
(D) the signature of the requestor or, if the requestor
is an organization or entity, the signature of an officer or director
of the requestor; and
(E) a certification that the statements made in the
application are true and correct.
(2) Unless the requestor is exempt from the payment
of fees, a service agreement must contain an adjustable account, in
which an initial deposit and minimum balance is maintained in accordance
with §217.124 of this title (relating to Cost of Motor Vehicle
Records). Notwithstanding §217.124 of this title, the department
may modify initial deposit and minimum balance requirements depending
on usage.
(f) Access to bulk motor vehicle records. A requestor
seeking access to department motor vehicle records in bulk must enter
into a bulk contract with the department.
(1) Before a requestor can enter into a bulk contract,
the requestor must file a completed application on a form required
by the department, for review and approval by the department. An application
for a bulk contract must include:
(A) a statement that the requestor will strictly limit
the use of the personal information to a permitted use under Transportation
Code Chapter 730, as indicated on the application;
(B) the name and address of the requestor;
(C) proof of the requestor's identity, in accordance
with §217.123(b) or (c) of this title (relating to Access to
Motor Vehicle Records);
(D) a certification that the statements made on the
form are true and correct; and
(E) the signature of the requestor or, if the requestor
is an organization or entity, the signature of an officer or director
of the requestor.
(2) Prior to the execution of a bulk contract, a requestor
must provide proof the requestor has:
(A) posted a $1 million performance bond, payable to
this state, conditioned upon the performance of all the requirements
of Transportation Code Chapter 730 and this subchapter; and
(B) insurance coverage in the amount of at least $3
million and that meets the requirements of Transportation Code §730.014(c)(3).
(g) If a person is convicted of an offense under Transportation
Code Chapter 730 or is found by a court to have violated a rule under
this subchapter, then any contract with that person to access department
motor vehicle records is terminated as of the date of the court's
final determination.
(h) The requirements of this section do not apply to
discovery, subpoena, or other means of legal compulsion for the disclosure
of personal information.
(i) An authorized recipient will receive requested
motor vehicle records in accordance with Title 18 U.S.C. §2721
et seq.; Transportation Code Chapter 730; Government Code §552.130;
and this subchapter.
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| Source Note: The provisions of this §217.123 adopted to be effective March 12, 2015, 40 TexReg 1096; amended to be effective August 8, 2016, 41 TexReg 5766; amended to be effective March 4, 2018, 43 TexReg 1282; amended to be effective August 2, 2018, 43 TexReg 4765; amended to be effective November 2, 2022, 47 TexReg 7288 |
