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AN ACT
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relating to the maintenance of emergency contact and medical |
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information databases by the Department of Public Safety of the |
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State of Texas. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Subchapter C, Chapter 521, Transportation Code, |
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is amended by adding Section 521.060 to read as follows: |
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�������Sec.�521.060.��EMERGENCY CONTACT AND MEDICAL INFORMATION |
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DATABASES. (a)��The department shall maintain in its files a |
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record of the name, address, and telephone number of each |
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individual identified by the holder of a driver's license or |
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personal identification certificate as an individual the holder |
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authorizes to be contacted in the event that the holder is injured |
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or dies in or as a result of a vehicular accident or another |
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emergency situation. In addition, the department shall maintain in |
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its files a record of any medical information described by Section |
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521.125(a) that is provided to the department under Subsection (c) |
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or any health condition information that is voluntarily provided to |
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the department under Section 521.142(h). |
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�������(b)��A record maintained by the department under Subsection |
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(a) is confidential and, on request, may be disclosed: |
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�������������(1)��only to a peace officer in this or another state; |
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�������������(2)��only if the peace officer is otherwise authorized |
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to obtain information in the driver's license or personal |
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identification certificate files of the department; and |
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�������������(3)��only for the purpose, as applicable, of making |
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contact with a named individual to report the injury to or death of |
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the holder of the driver's license or personal identification |
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certificate, learning the nature of any medical information |
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reported by the person who holds the driver's license or |
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identification certificate, or learning whether the person who |
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holds the driver's license or identification certificate has a |
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health condition that may impede communications with the peace |
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officer. |
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�������(c)��An application for an original, renewal, or duplicate |
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driver's license or personal identification certificate must: |
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�������������(1)��be designed to allow, but not require, the |
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applicant to provide: |
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�������������������(A)��the name, address, and telephone number of |
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not more than two individuals to be contacted if the applicant is |
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injured or dies in a circumstance described by Subsection (a); and |
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�������������������(B)��in addition to health condition information |
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voluntarily provided under Section 521.142(h), medical information |
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described by Section 521.125(a); and |
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�������������(2)��include a statement that: |
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�������������������(A)��describes the confidential nature of the |
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information; and |
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�������������������(B)��states that by providing the department with |
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the information, the applicant consents to the limited disclosure |
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and use of the information. |
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�������(d)��The department shall establish and maintain on the |
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department's Internet website forms and procedures by which the |
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holder of a driver's license or personal identification certificate |
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may request that the department: |
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�������������(1)��add specific emergency contact or medical |
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information described by Subsection (a) to the appropriate file |
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maintained by the department; or |
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�������������(2)��amend or delete emergency contact or medical |
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information the holder previously provided to the department. |
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�������(e)��The forms and procedures maintained under Subsection |
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(d) must comply with Subsection (c). |
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�������(f)��Subsection (b) does not prohibit the department from |
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disclosing information to the holder of a driver's license or |
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personal identification certificate who provided the information |
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or to an authorized agent of the holder. |
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�������SECTION�2.��(a)��This Act takes effect September 1, 2009. |
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�������(b)��The Department of Public Safety of the State of Texas |
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shall implement the provisions of Section 521.060, Transportation |
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Code, as added by this Act, not later than January 1, 2010. |
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�������(c)��The Department of Public Safety of the State of Texas |
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shall implement Section 521.060, Transportation Code, as added by |
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this Act, using existing personnel. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I hereby certify that S.B.�No.�652 passed the Senate on |
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April�20,�2009, by the following vote:��Yeas�30, Nays�0. |
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______________________________ |
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Secretary of the Senate���� |
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�������I hereby certify that S.B.�No.�652 passed the House on |
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May�27,�2009, by the following vote:��Yeas�148, Nays�0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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Approved: |
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______________________________� |
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������������Date |
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______________________________� |
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����������Governor |