HBA-DMD H.B. 1296 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1296 By: Hupp Public Safety 3/2/1999 Introduced BACKGROUND AND PURPOSE Currently, a New Hampshire company is buying drivers' license photographs from various states' departments of public safety and creating a database containing the photographs and other personal information, to be accessed by their clients. Officials from some states that have already sold pictures to the company are currently trying to cancel the contracts. H.B. 1296 prohibits the Department of Public Safety from selling photographs from a driver's license, a commercial driver's license, or a personal identification certificate without the consent of the person who is depicted in the photograph. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 521, Transportation Code, by adding Section 521.0505, as follows: Sec. 521.0505. SALE OF PHOTOGRAPHS; COPYING UNDER PUBLIC INFORMATION LAW. Prohibits the Department of Public Safety (department) from selling a photograph or a duplicate of a photograph that is taken by the department when issuing a driver's license or a personal identification certificate unless the person depicted in the photograph consents to the sale. SECTION 2. Amends Subchapter C, Chapter 522, Transportation Code, by adding Section 522.033, as follows: Sec. 522.033. SALE OF PHOTOGRAPHS. Prohibits the department from selling a photograph or a duplicate of a photograph that is taken by the department when issuing a commercial driver's license unless the person depicted in the photograph consents to the sale. SECTION 3.Emergency clause. Effective date: upon passage.