The Texas Department of Motor Vehicles (department) proposes amendments to Subchapter A, §217.3, Motor Vehicle Certificates of Title, Subchapter B, §217.22, Motor Vehicle Registration, and new Subchapter F, Motor Vehicle Record Information, §217.90, Purpose and Scope, §217.91, Definitions, §217.92, Access to Motor Vehicle Records, and §217.93, Cost of Motor Vehicle Records, of Chapter 217, all relating to Vehicle Titles and Registration.

EXPLANATION OF PROPOSED AMENDMENTS AND NEW SUBCHAPTER

The amendments are necessary to comply with the requirements of House Bill 2017, 82nd Legislature, Regular Session, 2011, which authorizes the department to require identification for titling and initial registration services. House Bill 2017 also creates an alternative location for titling and registration services when a county has been declared a disaster area and is inoperable.

New Subchapter F clarifies that certain types of motor vehicle record information are considered personal and, therefore, confidential.

The type of documents the department will accept for identification purposes are the same for titling, registration, and receiving personal motor vehicle information.

Amendments to §217.3(b)(2) and §217.22(b)(3) allow an applicant to title and register a motor vehicle in a nearby unaffected county if the applicant's county of residence or the county in which the motor vehicle was purchased or encumbered has been declared a disaster area and the affected county tax assessor-collector estimates the county offices will be inoperable for a protracted period. New §217.3(b)(6)(A) requires that an owner may not apply for a title unless the applicant presents a current photo identification of the owner containing a unique identification number and the document is a driver's license or state identification certificate issued by a state or territory of the United States; a United States or foreign passport; a United States military identification card; or a United States Department of Homeland Security, United States Citizenship and Immigration Services, or United States Department of State identification document.

New §217.3(b)(6)(B) requires if the motor vehicle is titled in more than one name, then only one identification must be presented. If titled in the name of a leasing company, then either the identification of the lessee must be presented or the identification of the lessor's employee with a business card or authorization written on the lessor's letterhead matching the identification of the employee must be presented. If titled in the name of the trust, then the identification of a trustee must be presented. If titled in the name of a business, government entity, or organization, then a business card or authorization written on letterhead must be presented matching the identification of the applicant.

Amendments to §217.3(e) require the same identification as §217.3(b)(6) to apply for a certified copy of a title, except that if the title is in more than one name, identification for each owner must be presented; and if the title is in the name of a leasing company, the lessee may not apply. Also, a lien holder may apply.

A power of attorney may be used to apply for a certified copy of title. The applicant must show identification matching the person or employee of the entity named as power of attorney, a business card or authorization written on the letterhead of an entity named as power of attorney that matches the identification of the employee, and identification of the owner or lienholder.

Amendments to §217.22(b)(5) require the same identification as §217.3(b)(6) to apply for initial registration.

The department's motor vehicle records contain personal information, as defined by Transportation Code, §730.003(6). The Texas statutory definition is based on federal law, 18 United States Code §2721 et seq. License plate numbers are also considered information subject to nondisclosure by the Texas Attorney General, Open Records Decision No. 684 (2009).

New Subchapter F reenacts the motor vehicle record information that is being simultaneously deleted from Chapter 207, Public Information, §§207.3 - 207.5.

Personal information is information that identifies an individual, including an individual's photograph or computerized image, social security number, driver identification number, personal identification certificate number, name, telephone number, medical or disability information, license plate number, or address.

The substance of Chapter 207 that is being reenacted in new Subchapter F is unchanged except that the department no longer copies to tape. It copies to media. In addition, the department will accept current photo identification issued by the United States Department of State.

New §217.90 provides that it is the policy of the department to protect personal information.

New §217.91 provides definitions.

New §217.92 requires a written request for access to motor vehicle records. The request must include the name and address of the requestor, information regarding the motor vehicle, identification, a statement that information is requested for a use permitted under state and federal law, a certification that the application is true and correct, and a signature.

A person may not apply for receipt of personal information unless the person presents current photo identification containing a unique identification number and the document is a driver's license or state identification certificate issued by a state or territory of the United States; a United States or foreign passport; a United States military identification card; or a United States Department of Homeland Security, United States Citizenship and Immigration Services, or United States Department of State identification document.

The department may make motor vehicle record information available under the terms of a written service agreement.

The agreement must contain an adjustable account, if applicable. The amount required remains unchanged with an initial deposit and minimum balance of $200 for an on-line access account or $1,000 for a prepaid account for batch purchase.

The department may prohibit a person, business, or agency from receiving personal information if the department finds a violation of a term or condition of the agreement.

New §217.93 provides the cost of motor vehicle records. The cost is $2.30 for title and registration verification, $5.75 for a title history, $23 per month plus $.12 per record entry for online access to motor vehicle records database, $5,000 plus $.38 per 1,000 records copied to media for the motor vehicle registration and title database, $135 for weekly updates to motor vehicle registration and title database, and $23 per computer run plus $.12 per record searched for a batch inquiry to motor vehicle records database.

FISCAL NOTE

Linda Flores, Chief Financial Officer, has determined that for each of the first five years the amendments and new subchapter as proposed are in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering the amendments and new subchapter.

Randy Elliston, Director, Vehicle Titles and Registration Division, has certified that there will be no significant impact on local economies or overall employment as a result of enforcing or administering the amendments and new subchapter.

PUBLIC BENEFIT AND COST

Mr. Elliston has also determined that for each year of the first five years the amendments and new subchapter are in effect, the public benefit anticipated as a result of enforcing or administering the amendments and new subchapter will be to clarify the department's procedures of access to motor vehicle records and to use identification as a tool to prevent fraud in obtaining those titles, registration, and records. The amendments will allow the public to continue to title and register their motor vehicles when a county is declared a disaster area.

There are no anticipated economic costs for persons required to comply with the amendments and new subchapter. There will be no adverse economic effect on small businesses.

SUBMITTAL OF COMMENTS

Written comments on the amendments and new subchapter may be submitted to Randy Elliston, Director, Vehicle Titles and Registration Division, Texas Department of Motor Vehicles, 4000 Jackson Avenue, Building 1, Austin, Texas 78731. The deadline for receipt of comments is 5:00 p.m. on November 28, 2011.

STATUTORY AUTHORITY

The amendments are proposed under Transportation Code, §1002.001, which authorizes the Board of the Texas Department of Motor Vehicles to establish rules as necessary and appropriate to implement the powers and duties of the department; Transportation Code, §730.014, which authorizes the department to adopt rules to administer Chapter 730 (regarding the Motor Vehicle Records Disclosure Act); Transportation Code, §501.131, which authorizes the department to adopt rules to administer Chapter 501 (regarding Certificate of Title); Transportation Code, §502.0021, which authorizes the department to adopt rules to administer Chapter 502 (regarding Registration of Vehicles); more specifically, Transportation Code, §502.151(a), which authorizes the department to require an application be made in the manner prescribed and include the information required by the department by rule and contain a full description of the vehicle has required by department rule; and Transportation Code, §502.002(b) and §502.151(d), which authorizes the department to require an applicant for registration to provide current personal identification as determined by department rule.

CROSS REFERENCE TO STATUTE

Transportation Code, §§501.023, 502.002, 502.008, 502.151, Transportation Code, Chapter 730, Government Code, §552.130, and Title 18 U.S.C. §2721 et seq.