Pub. 61 2020-2021 Issue 4

15 SUMMER 2021 PRIVACY COMMERCIAL TRUCKING LITIGATION REFORM SB 15/HB 3471 (Nichols et al./P. King) Texas Consumer Privacy Act Legislation will revise the Motor Vehicle Records Disclosure Act to specify the authorized use and disclosure of personal information obtained in connection with a motor vehicle record. The legislation as filed would have restricted everyone’s access to this information. Still, understanding that the goal was to prevent bad actors from accessing and selling consumers’ personal data, TADA worked with other stakeholders and successfully ensured that legitimate users would be able to retain access to this information. SB 15 was signed into law by Governor Abbott on June 18 and is effective immediately. SB 16 (Nelson et al.) Personal Data Dissemination Prohibition Legislation, as introduced, would have prohibited a state agency from disseminating an individual’s personal data without the individual’s written consent. TADA was opposed to SB 16. SB 16 was never heard in Senate Committee. HB 2099 (Schaefer) Personal Data Disclosure Legislation, as introduced, would have restricted who can obtain personal information associated with a motor vehicle record. TADA was opposed to HB 2099 in the House Transportation Committee. HB 2099 was heard in House Transportation on April 6, but no further action was taken. HB 2173 (Krause) Disclosure of Personal Information Legislation, as introduced, would have prohibited TxDMV from adopting and charging fees for the disclosure of personal information but would not have denied the disclosure of such information. TADA remained neutral on this legislation. HB 2173 was heard in House Transportation on March 30, but no further action was taken. SB 17/HB 19 (Taylor/Leach) Commercial Trucking Litigation Reform Legislation will balance commercial vehicle collision litigation by clarifying the rules for how to litigate commercial vehicle lawsuits. This will ensure juries have the facts necessary to award fair compensation to Texans injured by a defendant’s negligence while ensuring the litigation playing field is level for all players. TADA was supportive of HB 19 in the House Judiciary and Civil Jurisprudence Committee. HB 19 was signed into law by Governor Abbott on June 16 and becomes effective Sept. 1. SB 207/HB 1617 (Schwertner/Bonnen) Commercial Trucking Litigation Reform (medical expenses) Legislation, as introduced, was intended to ensure that the recovery of medical or health care expense incurred is limited to the amount paid or incurred by or on behalf of the claimant. TADA supported this effort. During the legislative process, the Texas Supreme Court announced its decision to fix the concerns addressed in SB 207. The authors of the legislation opted to no longer pursue passage of the bill.  LEGISLATIVE SESSION — CONTINUED ON PAGE 16 TEXAS EMISSIONS REDUCTION PROGRAM (TERP) HB 4472 (Landgraf/Birdwell) TERP Fund Legislation will expand projects eligible for funding under TERP and specifies that at least 35% of TERP revenues shall be transferred to the State Highway Fund for us by TxDOT on projects that reduce congestion and improve air quality. TADA monitors legislation related to TERP very closely for any potential changes to the electric vehicle incentive program. HB 4472 was signed into law by Governor Abbott on June 18 and becomes effective Sept. 1. HB 2577 (Kuempel) Light-Duty Motor Vehicle Eligibility Legislation, as introduced, would have included electric motorcycles in the electric vehicle $2,500 incentive program and required that recipients of the $2,500 incentive give $750 back to the Comptroller for the state highway fund. HB 1649 was amended on the House floor to remove the $750 for the state highway fund and lowered the incentive amount to $1,250. HB 2577 passed out of the House on May 6 but was never referred to Senate committee.