Texas Attorney General Opinion: JC-337 Page: 1 of 6
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OFFICE OF THE ATTORNEY GENERAL . STATE OF TEXAS
JOHN CORNYN
February 12, 2001
Mr. Thomas A. Davis, Jr., Director Opinion No. JC-0337
Texas Department of Public Safety
P.O. Box 4087 Re: Proper use of magnetic stripe information on
Austin, Texas 78773-0001 a driver's license (RQ-0316-JC)
Dear Mr. Davis:
You have requested our opinion regarding the proper use of magnetic stripe information on
a Texas driver's license. For the reasons indicated below, we conclude that such information may
be used only by law enforcement and other governmental officials.'
House Bill 571, Act of May 30, 1999, 76th Leg., R.S., ch. 1340, 1, Tex. Gen. Laws 4554,
added section 521.126 to the Transportation Code. That provision states, in its entirety:
521.126. Electronically Readable Information
(a) The department may not include any information on a
driver's license, commercial driver's license, or identification
certificate in an electronically readable form other than the
information printed on the license and a physical description of the
licensee.
(b) The department shall take necessary steps to ensure that
the information is used only for law enforcement or governmental
purposes.
(c) Unauthorized use of the information is a Class A
misdemeanor.
TEX. TRANSP. CODE ANN. 521.126 (Vernon Supp. 2001). In response to the command of
subsection (b), the Texas Department of Public Safety (DPS), on July 12, 2000, filed the following
proposed rule with the Secretary of State:
'We note that Senate Bill 293, filed January 19, 2001, and House Bill 1031, filed January 29, 2001, are pending
before the 77th Texas Legislature, and if passed as introduced, will change the outcome of this opinion. See Tex. S.B. 293,77th Leg., R.S. (2001) (Introduced Version); Tex. H.B. 1031, 77th Leg., R.S. (2001) (Introduced Version).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-337, text, February 12, 2001; (https://texashistory.unt.edu/ark:/67531/metapth274646/m1/1/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.