1. (a) Request for records.

   1. (1) Submittal of request. A person seeking public information shall submit a request in writing to the department.

      1. (A) A request made by other than electronic mail shall be submitted to:

         1. (i) the department's General Counsel;
         2. (ii) the department's Director of Public Information; or
         3. (iii) the district engineer or division director of the department responsible for the information.
      2. (B) A request made by electronic mail shall be sent via the department's World Wide Web site, located at http://www.dot.state.tx.us/.
   2. (2) Information required. A request for official records shall include the name, address, and telephone number of the requestor, and a description of the records in sufficient detail to permit efficient gathering of the requested items. The request shall also include the preferred mailing, facsimile transmission, or electronic mail address at which the requestor wishes to receive a cost itemized statement provided pursuant to Government Code, §552.2615(a) and §3.13(d) of this subchapter;

   3. (3) Vehicle title and registration information.

      1. (A) The department will provide certain vehicle registration information by telephone or upon receipt of a written request. Requested information will be released in accordance with 18 U.S.C. §2721, Transportation Code, §502.008, and Transportation Code, Chapters 730 and 731.

      2. (B) The department will provide a written form for requests for motor vehicle registration information. A completed and properly executed form must include, at a minimum:

         1. (i) the name and address of the requestor;
         2. (ii) the Texas license number, title or document number, or vehicle identification number of the motor vehicle about which information is requested;
         3. (iii) a statement that if a person who is a subject of the record has requested the department to restrict the release of the information, 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 one of the permitted uses indicated on the form;
         4. (iv) a statement that the information is requested for a lawful and legitimate purpose in accordance with Transportation Code, §502.008, and that, in accordance with Transportation Code, §731.002, the requestor will not disseminate or publish the information on the Internet or permit another to do so;
         5. (v) a certification that the statements made on the form are true and correct; and
         6. (vi) the signature of the requestor.

      3. (C) The department will provide vehicle registration information by license number by telephone only in accordance with 18 U.S.C. §2721, Transportation Code, §502.008, and Transportation Code, Chapters 730 and 731, and only if requested by:

         1. (i) a peace officer acting in an official capacity; or
         2. (ii) an official of the state, city, town, county, special district, or other political subdivision, utilizing the obtained information for tax purposes or for the purpose of determining eligibility for a state public assistance program.

   4. (4) HUB/DBE applicant information. The department will not release information submitted by a vendor or contractor in connection with an application for certification as a HUB or DBE unless requested by:

      1. (A) a state or local governmental agency for a use permitted by Government Code, §552.128; or
      2. (B) a person with the express written permission of the HUB/DBE or the HUB/DBE's agent.

   5. (5) Accident information. The department will not release information about the date of an accident, the name of a person involved in an accident, or the specific location of an accident unless requested by:

      1. (A) the Department of Public Safety;
      2. (B) a governmental agency that uses the information for accident prevention purposes;
      3. (C) the law enforcement agency that employs the peace officer who investigated the accident and reported it to the Department of Public Safety; or

      4. (D) a person who provides the name of a person involved in the accident and:

         1. (i) the date of the accident; or
         2. (ii) the specific location where the accident occurred.
2. (b) Production of records. Except as provided in subsections (a), (d), (e), and (f) of this section, the department will provide copies or promptly produce official department records for inspection, duplication, or both. If the requested information is unavailable for inspection at the time of the request because it is in active use or otherwise not readily available, the department will certify this fact in writing within 10 business days after the date the information is requested to the applicant and specify a date and hour within a reasonable time when the record will be available for inspection or duplication.

3. (c) Examination of information.

   1. (1) A person requesting to examine official records in the offices of the department must complete the examination without disrupting the normal operations of the department and not later than the 10th day after the date the records are made available to the person. Upon written request, the department will extend the examination period by increments of 10 days, not to exceed a total of 30 days.
   2. (2) The inspection of records may be interrupted by the department if the records are needed for use by the department. The period of interruption will not be charged against the requestor's 10-day period to examine the records.
   3. (3) A person may not remove an original copy of an official department record from the offices of the department.
4. (d) Request for opinion. If the department considers that requested records fall within an exception under the Code, and that the records should be withheld, the department will ask for a decision from the attorney general about whether the records are within that exception if there has not been a previous determination about whether the records fall within one of the exceptions. The request for a decision from the attorney general will be made by the 10th business day after the date of receiving the written request.

5. (e) Confidential information and privacy protection.

   1. (1) The department will not provide records considered to be confidential by law or otherwise prohibited from release under the Code or other provisions of law, and will not provide copies of information subject to intellectual property protection.

      1. (A) The department will not provide access to social security numbers contained in the department's records except to governmental agencies that demonstrate authority to obtain the information.

      2. (B) Upon receipt of a request from an individual to restrict release of that person's personal information in a motor vehicle registration record, the department will only release the information in accordance with 18 U.S.C. §2721, Transportation Code, §502.008, and Transportation Code, Chapters 730 and 731. The department will provide a form for such a request. A completed and properly executed form must include, at a minimum:

         1. (i) the printed name and address of the requestor;
         2. (ii) a description of the motor vehicle to which the request applies;
         3. (iii) a designation that the requestor chooses to restrict disclosure of personal information in response to individual requests for information;
         4. (iv) a designation that the requestor chooses to restrict disclosure of personal information in response to requests for information to be used for bulk distribution for surveys, marketing, or solicitations; and
         5. (v) the signature of the requestor.
      3. (C) Upon receipt of a court order preventing release of information, the department will prevent access to any information pertaining to an individual's specific motor vehicle record.

   2. (2) A legislative member, agency, or committee may request confidential information if the public information requested is for legislative purposes. The department may require the requesting legislative agency or committee, or the member or employee of the requesting entity, to sign a confidentiality agreement that requires the following provisions.

      1. (A) The information shall not be disclosed outside the requesting entity, or within the requesting entity for purposes other than the purpose for which it was received.
      2. (B) The information shall be labeled confidential.
      3. (C) The information shall be kept securely.
      4. (D) The number of copies of the information or the notes taken from the information that are not destroyed or returned to the department remain confidential and subject to the confidentiality agreement.

6. (f) Repetitious or redundant requests. The department may elect not to provide records if the department has previously furnished the same copies or made the same information available to the requestor. In the event that the department elects not to provide records under this subsection, the department will provide the requestor with a certification that includes:

   1. (1) a description of the information previously made available to the requestor;
   2. (2) the date that the department received the requestor's previous request for the information;
   3. (3) the date that the department previously made the information available to the requestor;
   4. (4) a statement that no subsequent additions, deletions, or corrections have been made to that information; and
   5. (5) the name, title, and signature of the department's Director of Public Information or the district engineer or division director for the district or division of the department responsible for the information.

7. (g) Certified records. In accordance with Transportation Code, §201.501, the following officials shall serve as the executive director's authorized representatives for the purpose of certifying official department records.

   1. (1) The Department's chief minute clerk may certify commission minute orders. In the absence of the chief minute clerk, minute orders may be certified by the executive assistant to the executive director. The executive director may delegate certification authority to other officials to assure sufficient availability of authorized certifying officials.
   2. (2) Other official records of the department may be certified by the district engineer, division director, or other department official having official custody of the records. A district engineer or division director may delegate certification authority to other officials to assure sufficient availability of authorized certifying officials.

8. (h) Programming and manipulation of data.

   1. (1) If responding to a request for information will require programming or manipulation of data and compliance with the request is not feasible or will result in substantial interference with the department's ongoing operations, or if the information could be made available in the requested form only at a cost that covers the programming and manipulation of data, the department will provide a written statement within 20 days after the date of the receipt of the request. The statement will include:

      1. (A) a statement that the information is not available in the requested form;
      2. (B) a description of the form in which the information is available;
      3. (C) a description of any contract or services that would be required to provide the information in the requested form;
      4. (D) a statement of the estimated cost of providing the information; and
      5. (E) a statement of the anticipated time required to provide the information.
   2. (2) If the department gives written notice within 20 days after the date of receipt of the request to the person making the request that additional time is needed, the department may have an additional 10 days to issue the statement in paragraph (1) of this subsection.

   3. (3) The department will not provide the information until the person making the request states in writing that the requestor wants:

      1. (A) the department to provide the information according to the cost and time parameters set out in the statement; or
      2. (B) the information in the form in which it is available.

Source Note:The provisions of this §3.12 adopted to be effective September 26, 1996, 21 TexReg 8955; amended to be effective October 20, 1997, 22 TexReg 10155; amended to be effective June 21, 1998, 23 TexReg 6254; amended to be effective July 23, 2000, 25 TexReg 6802.