Texas Register, Volume 36, Number 34, Pages 5247-5552, August 26, 2011 Page: 5,326
5247-5552 p. ; 28 cm.View a full description of this periodical.
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the applicant must also present a business card or authorization
written on letterhead.
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 applica-
ble. The amount required remains unchanged with an initial de-
posit and minimum balance of $200 for an on-line access ac-
count 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, $23.00 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 tape for the motor vehicle registration
and title database, $135.00 for weekly updates to motor vehicle
registration and title database, and $23.00 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 year of the first five years the new subchapter as proposed
is in effect, there will be no fiscal implications for state or local
governments as a result of enforcing or administering the new
subchapter.
Randy Elliston, Director, Vehicle Titles and Registration Divi-
sion, has certified that there will be no significant impact on local
economies or overall employment as a result of enforcing or ad-
ministering the new subchapter.
PUBLIC BENEFIT AND COST
Mr. Elliston has also determined that for each year of the first
five years the new subchapter is in effect, the public benefit an-
ticipated as a result of enforcing or administering the new sub-
chapter is to clarify the department's procedures of access to
motor vehicle records, and to use identification as a tool to pre-
vent fraud in obtaining those records.
There are no anticipated economic costs for persons required
to comply with the new subchapter. There will be no adverse
economic effect on small businesses.
SUBMITTAL OF COMMENTS
Written comments on the new Subchapter F may be submitted
to Randy Elliston, Director, Vehicle Titles and Registration Di-
vision, Texas Department of Motor Vehicles, 4000 Jackson Av-
enue, Building 1, Austin, Texas 78731. The deadline for receipt
of comments is 5:00 p.m. on September 26, 2011.
STATUTORY AUTHORITY
The new subchapter is proposed under Transportation Code,
1002.001, which provides the Board of the Texas Department
of Motor Vehicles with the authority to establish rules for the con-
duct of the work of the department.
CROSS REFERENCE TO STATUTE
Transportation Code, 501.023, 502.002, 502.008, Transporta-
tion Code, Chapter 730, Government Code, 552.130, and Title
18 U.S.C. 2721 et seq.
,217.90. Purpose and Scope.It is the policy of the Texas Department of Motor Vehicles to protect
the confidentiality of motor vehicle record information.
217.91. Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates oth-
erwise.
(1) Department--Texas Department of Motor Vehicles.
(2) Motor vehicle record information--Information regard-
ing the titling or registration of motor vehicles, which may include the
make, vehicle identification number, year, model, body style, license
number of a motor vehicle, and the name, address, and social security
number of an owner or lienholder.
(3) Personal information--Information that identifies an in-
dividual, including an individual's photograph or computerized image,
social security number, driver identification number, personal identifi-
cation certificate number, name, telephone number, medical or disabil-
ity information, license plate number, or address other than the postal
routing code.
(4) Service agreement--A contractual agreement that al-
lows individuals, businesses, or governmental agencies or institutions
to access the department's motor vehicle records.
(5) Written request--A request made in writing, including
electronic mail, electronic media, and facsimile transmission.
,217.92. Access to Motor Vehicle Records.
(a) Request for records. A person seeking motor vehicle
record information shall submit a written request on the form required
by the department. Information will be released in accordance with Ti-
tle 18 U.S.C. 2721 et seq., Transportation Code, 502.008, 501.023,
and 502.151, Transportation Code, Chapter 730, and Government
Code, 552.130. A completed and properly executed form must
include, at a minimum:
(1) the name and address of the requestor;
(2) the Texas license number, title or document number, or
vehicle identification number of the motor vehicle about which infor-
mation is requested;
(3) a photocopy of the requestor's identification number;
(4) a statement that the requested information may only be
released if the requestor is the subject of the record, if the requestor has
written authorization for release from the subject of the record, or if the
intended use is for a permitted uses 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) Identification required.
(1) A person may not apply for a title, a certified copy of a
title, initial registration of a motor vehicle, or for receipt of personal in-
formation, unless the person presents current photo identification con-
taining a unique identification number and the document is a:
(A) driver's license or state identification certificate is-
sued by a state or territory of the United States;
(B) United States or foreign passport;
(C) United States military identification card; or
(D) United States Department of Homeland Security or
United States Citizenship and Immigration Services identification doc-
ument.36 TexReg 5326 August 26, 2011
Texas Register
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Texas. Secretary of State. Texas Register, Volume 36, Number 34, Pages 5247-5552, August 26, 2011, periodical, August 26, 2011; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth190845/m1/77/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.