1. (a) Request for records. A person seeking motor vehicle record information shall submit a written request on the form required by the department. Information will be released in accordance with Title 18 U.S.C. §2721 et seq., Transportation Code, Chapter 730, and Government Code, §552.130. A completed and properly executed form must include, at a minimum:

   1. (1) the name and address of the requestor;
   2. (2) the Texas license number, title or document number, or vehicle identification number of the motor vehicle about which information is requested;
   3. (3) a photocopy of the requestor's identification;
   4. (4) a statement that 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 a permitted use as indicated on the form;
   5. (5) a certification that the statements made on the form are true and correct; and
   6. (6) the signature of the requestor.

2. (b) Identification required. A person may not apply for receipt of personal information unless the person presents current photo identification containing a unique identification number. The identification document must be a:

   1. (1) driver's license or state identification certificate issued by a state or territory of the United States;
   2. (2) United States or foreign passport;
   3. (3) United States military identification card;
   4. (4) United States Department of Homeland Security, United States Citizenship and Immigration Services, or United States Department of State identification document;
   5. (5) concealed handgun license or license to carry a handgun issued by the Texas Department of Public Safety under Government Code, Chapter 411, Subchapter H; or
   6. (6) copy of current law enforcement credentials if the requestor is a law enforcement officer.

3. (c) Electronic access. The department may make motor vehicle record information available under the terms of a written service agreement.

   1. (1) Agreement with business or individuals. The written service agreement with a business or individual must contain:

      1. (A) the specified purpose of the agreement;
      2. (B) an adjustable account, if applicable, in which an initial deposit and minimum balance is maintained in accordance with §217.124 of this title (relating to Cost of Motor Vehicle Records);
      3. (C) termination and default provisions;
      4. (D) the contractor's signature;

      5. (E) a statement that the use of motor vehicle record information obtained by virtue of a service agreement is conditional upon its being used:

         1. (i) in accordance with 18 U.S.C. §2721 et seq. and Transportation Code, Chapter 730; and
         2. (ii) only for the purposes defined in the agreement; and
      6. (F) the statements required by subsection (a) of this section.

   2. (2) Agreements with Texas governmental entities.

      1. (A) The written service agreement with a Texas governmental entity must contain:

         1. (i) the specified purpose of the agreement;
         2. (ii) a statement that the use of motor vehicle record information obtained by virtue of a service agreement is conditional upon its being used in accordance with 18 U.S.C. §2721 et seq. and Transportation Code, Chapter 730, and only for the purposes defined in the agreement;
         3. (iii) the statements required by subsection (a) of this section;
         4. (iv) the signature of an authorized official; and
         5. (v) an attached statement citing the entity's authority to obtain social security number information, if applicable.
      2. (B) Texas governmental entities, as defined in Government Code, §2252.001, and including the Texas Law Enforcement Telecommunication System and toll project entities, as defined by Transportation Code, §372.001, are exempt from the payment of fees, except as provided by §217.124(e) of this title.
4. (d) Ineligibility to receive personal information. The department may prohibit a person, business, or Texas governmental entity from receiving personal information if the department finds a violation of a term or condition of the agreement entered into in accordance with subsection (c) of this section.
5. (e) Initial deposits and minimum balances. Notwithstanding §217.124 of this title, the department may modify initial deposit and minimum balance requirements on a case by case basis depending on customer usage.

Source Note:The provisions of this §217.123 adopted to be effective March 12, 2015, 40 TexReg 1096; amended to be effective August 8, 2016, 41 TexReg 5766; amended to be effective March 4, 2018, 43 TexReg 1282.