The Texas Department of Motor Vehicles, Vehicle Titles and by mmcsx

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									The Texas Department of Motor Vehicles, Vehicle Titles and Registration Division (TxDMV), allows
individuals or companies to establish a motor vehicle inquiry account that allows for remote electronic
access, through the Internet via a secure website, to motor vehicle title and registration (VTR) records
under certain conditions. To establish a Motor Vehicle Inquiry Account, the purchaser must enter into
a written service agreement with the department, in accordance with the provisions of Transportation
Code, Section 502.008. Additionally, the federal Driver's Privacy Protection Act (18 U.S.C. §2721)
was enacted which governs the release and use of personal data contained in the VTR database,
and provides for civil and criminal penalties for non-compliance with the law. The enclosed Motor
Vehicle Inquiry Service Contract for Accessing Texas Motor Vehicle Records addresses the
provisions of this law.

The VTR database contains important, secure personal data concerning vehicle owners that is
privacy protected by law and must be treated in a confidential manner. Only requestors who certify
the intended use of the information is for one or more of the permitted uses listed in Attachment “A” of
the service contract may have access to the privacy protected personal information contained in the
VTR database. The service contract outlines the conditions under which TxDMV may provide the
access to the VTR database via the Internet and stipulates restrictions regarding the use of the
privacy protected personal information obtained by virtue of the agreement, either directly or
indirectly.

The restrictions apply to all contracted users and any third parties that may obtain VTR record
information from the contractor, either directly or indirectly. Each contractor must comply with the
provisions of the federal Driver's Privacy Protection Act. Penalties for violating the restrictions
specified in the contract may result in immediate termination of the contract.

The attached Motor Vehicle Inquiry Service Contract for Accessing Texas Motor Vehicle Records is
for one business location and multiple User Identification Codes (User ID), if applicable. Each
individual who is to have access under this contract must be assigned a unique User ID only for their
use. If additional business locations are necessary, a separate contract shall be required for each
location.

To establish a Motor Vehicle Inquiry Account, the following documents must be completed and
returned:
   1. The signed contract;
   2. Attachment “A” to the contract (Certification of Use);
   3. A properly executed Request for External Access to TxDMV Information Systems, (Attachment
      B),
   4. A properly executed Information Security Compliance Agreement (Attachment C) for EACH
      USER who will be allowed access by virtue of this contract; and
   5. An Account Information attachment, which includes the following information:
      a) The billing address to which the monthly statement is to be mailed and the name of the
          person in charge of billing. If this address changes, please notify us promptly. If your
          statement is returned to us because of an incorrect address, it could result in an
          interruption in your service;
      b) The mailing address and name of the person to which the instructions and User IDs are to
          be mailed;
     c) The name and business telephone number of the office manager of the contractor’s user
        location; and
     d) The names of each authorized user for which a User ID is requested.

Upon proper completion and execution of all requested items, return the original service contract,
Account Information attachment, Certification of Use (Attachment A), a Request for External Access
to TxDMV Information Systems (Attachment B) for each user, and Information Security Compliance
Agreement, Attachment C, to:

             Texas Department of Motor Vehicles
             Vehicle Titles and Registration Division
             P.O. Box 5020
             Austin, Texas 78763-5020

Upon receipt of the completed contract and required attachments, VTR will return an information
packet, which includes the Internet system requirements, general account information and User IDs
for the individuals listed on the Motor Vehicle Inquiry Account Information attachment. If you need
further information, please contact the Technology Support Branch at (512) 465-7727 ext 1.

                                              Sincerely,




                                              Ed Serna, Executive Director
                                              Texas Department of Motor Vehicles


Attachment
               Instructions for Commercial Account Contract
The Commercial Account Contract contains several forms that must be completed and
signed by all parties requesting access to our system. Copies or faxes of these
documents will not be accepted by TxDMV. All forms must contain original signatures
and be returned to us before access to the system will be granted. Following is the list
of forms required to be completed in order to access the MVInet System.

      I.     The Motor Vehicle Inquiry Account Information Form

                    a. Account Name – Name of business
                    b. Billing Address - Address where invoice will be sent
                    c. Mailing Address - Physical address of business (may be same
                       as billing address)
                    d. Business Telephone Number - Telephone number at business
                       location
                    e. E-Mail Address – Security Administrator’s e-mail address at
                       place of business
                    f. Security Administrator (Primary and Secondary)
                       Each MVInet customer account is required to have a Primary
                       Security Administrator and a Secondary Security Administrator.
                       The Security Administrators’ are TxDMV’s points of contact for
                       your company and are responsible for the following:
                            1. Maintaining the company’s MVInet account: Including
                               the addition and deletion of users.
                            2. Training Users: This includes familiarizing users with the
                               website, educating users on proper security awareness
                               and violations, and on how to change their passwords.
                            3. Communicating with TxDMV.
                    g. Account Modifications - N/A
                    h. Type of Business - Select the type that applies to your
                       business.
                    i. Authorized Users – Listing of all individuals who will be
                       accessing the website. There must be at least two (2) names
                       listed.

      II.        Page 1 of 6 – The purchaser is the name of your company

      III.       In Testimony Hereof - Page 6 of 6 – Fill in the top half of the page
                 with:

                    a. Purchaser – Name of company
                    b. Signature – Signature of person who signed the contract. This
                       individual also has to sign Attachment A.
                    c. Address (City, State, and Zip) – Physical location of business
                    d. Date – Date contract is signed
                    e. Sole Proprietorship, Partnership, and Corporation - This
                       information is not required by TxDMV, but is recommended.
                    f. Do Not Sign Under The State of Texas, this section is for
                       TxDMV Use Only.

                                          1 of 2
       IV.       Attachment A - Certification of Use

                   a. Please read the entire attachment and initial all of the permitted
                      uses that best describe your business need.
                   b. Initial beside (do not check) the permitted use(s).
                   c. Sign at the bottom of page two (2). This from must be initialed
                      and signed by the same individual who signed the contract.

       V.        Attachment B - Request for External Access

                   a. Requesting Agency/Organization – Name of business
                   b. Date – The current date
                   c. Account Number/User ID – Leave this section blank (TxDMV will
                      fill this information in when we receive the forms back from you).
                   d. Please Check One – Check what type of action you are
                      requesting (Add, Change, or Delete)
                   e. Employee Name – Enter last name, first name and middle initial.
                   f. Employee Signature - This section is where the employee signs.
                      Note a signature is not required if requesting a deletion.
                   g. Approved by Security Administrator – This section must be
                      signed by the Security Administrator.

       VI.       Attachment C – Information Security Compliance Agreement

                   a. Texas Penal Code, TxDMV Policy Statement, The Information
                      Security Manual – Leave Blank
                   b. Signature – This section is for the employee’s signature.*
                   c. Printed Name – This section is for the employee’s printed name.
                   d. Signature of Witness – This section is for the signature of a
                      witness.
                   e. Date – Date signed.

                   * The individual signing the employee signature line must be different
                   from the individual who signs the witness signature line.

After the above forms are completed and signed, please mail them along with the entire
contract and the $200.00 Escrow Deposit to the address listed below:

                 Texas Department of Motor Vehicles
                 Vehicle Titles and Registration Division
                 P.O. Box 5020
                 Austin, TX 78763-5020

In order to prevent a possible delay in the contract’s processing, please contact our
MVlnet Helpdesk line at (512) 465-7727, and press option number 1. A helpdesk
representative will assist you in verifying that all forms are completed properly and will
answer any questions that you may have at that time.



                                        2 of 2
                                                                                              For Department Use Only
MOTOR VEHICLE INQUIRY ACCOUNT INFORMATION
              VEHICLE TITLES AND REGISTRATION DIVISION                                 ______________________
               4000 JACKSON AVENUE, AUSTIN, TEXAS 78731-6007                                      Company ID
                            PLEASE PRINT OR TYPE
ACCOUNT NAME                                                                           DATE


BILLING ADDRESS : For Monthly Billing                                                  Billing Contact: (Name)
(City, State, Zip Code) :



MAILING ADDRESS : For User ID Instructions                                             Email Address
(City, State, Zip Code):


                                               County:
BUSINESS TELEPHONE NUMBER


SECURITY ADMINISTRATOR – Primary and Backup


                                        ACCOUNT MODIFICATIONS
                                         Check only if applicable:

____ Cancellation of User ID# ______________                 ______ Ownership Change Only
____ Business Name Change Only                               ______ Name & Ownership Change
____ Old Business Name ________________________________________________________

                                            TYPE OF BUSINESS
                                                   Check One:
____ Auto Dealer                     ____ Insurance Company                    ____ City Agency
____ Auto Auction                    ____ Bank / Credit Union                  ____ University / College
____ Wrecker Service                 ____ Title Service                        ____ Private Investigator
____ Salvage Yard                    ____ Collection Agency                    ____ Other
                                            AUTHORIZED USERS
                               (Please list the names of all authorized users below)
               User Name              For Dept Use Only                 User Name                       For Dept Use Only




                                                                                                                    MVI: 9/00
                                                               For Department Use Only



STATE OF TEXAS   §
COUNTY OF TRAVIS §

                    Motor Vehicle Inquiry (MVI) Service Contract
                    for Accessing Texas Motor Vehicle Records


THIS CONTRACT, is made by and between the State of Texas, acting by and through the
Texas Department of Motor Vehicles, hereinafter called the "State," and

_____________________________________________________________________,
hereinafter called the "Purchaser."


                                W I T N E S S ET H

WHEREAS, Texas Transportation Code, Chapter 502, establishes that the State is
responsible for administering and retaining Texas motor vehicle title and registration
records (MVRs); and

WHEREAS, this contract is made in accordance with the provisions of Texas
Transportation Code, Section 502.008; and

WHEREAS, the State is authorized by Title 43, Texas Administrative Code, Section 3.14,
to enter into written service agreements with individuals, businesses, and governmental
agencies to provide electronic access to vehicle title and registration information; and

WHEREAS, the Purchaser requests from the State authority to access the Vehicle Title
and Registration (VTR) database in order to obtain information from MVRs by remote
electronic access through the Internet, via a secure website; and

WHEREAS, the Driver’s Privacy Protection Act (18 U.S.C. §2721) authorizes the
department to disclose personal information contained in the department motor vehicle
records only in accordance with that Act; and

WHEREAS, the State will provide remote electronic access to the Purchaser provided the
Purchaser agrees to the terms and conditions of this contract; and

WHEREAS, the Commission, by Minute Order 106912, dated August 29, 1996, adopted
Title 43, Texas Administrative Code, Chapter 3, establishing the costs the State may
assess a Purchaser for remote electronic access to the VTR database;




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                                                                              MVI : 9/00
                                         AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,
the parties do hereby agree as follows:

The State shall provide the Purchaser remote electronic access, through the Internet, via a
secure website, to the Vehicle Title and Registration (VTR) database, under the following
conditions:

1. INFORMATION AVAILABLE

The State will make available, in accordance with the federal Driver’s Privacy Protection Act (18
U.S.C. §2721) attached as Attachment “D,” information contained in the MVRs and the VTR
database.

2. CERTIFICATION OF USE

Effective December 1, 2000, the State will release information contained in the MVR’s and VTR
database only if the Purchaser certifies its intended use of the information in Attachment “A” to this
contract. Certified intended uses include only those uses for which the Purchaser itself will actually
employ the information; certified intended uses do not include uses that are speculative or that will
be engaged in by persons acquiring the information from the Purchaser.

3. RESTRICTIONS

A.   The Purchaser may use information obtained from MVRs and the VTR database only in
     accordance with 18 U.S.C. §2721 and only for the use or uses certified to in Attachment “A.”

B. The Purchaser shall access the MVRs by license plate number, vehicle identification number,
   title or document number, or validation sticker number.

C. The Purchaser shall not provide motor vehicle registration information to anyone in response to
   a telephone inquiry by license plate number (REG), in accordance with Transportation Code,
   §502.008.

D. Resale and redisclosure: A purchaser obtaining privacy protected personal information, as
   defined in 18 U.S.C. §2725, may only resell or redisclose the privacy protected personal
   information for a permitted use authorized by law and must maintain records of any entity or
   person that received the information and the permitted use for which it was obtained. These
   records must be maintained for a period of not less than five (5) years and must be made
   available to the State for inspection, upon request.
   Any person or entity obtaining privacy protected information from the Purchaser, directly or
   indirectly, must comply fully with the provisions of the federal Driver’s Privacy Protection Act
   (18 U.S.C. §2721). Any violation of the above federal law by a person or entity acquiring
   privacy protected information from the Purchaser, directly or indirectly, will be considered a
   breach of this contract by the Purchaser.

     The Purchaser shall immediately inform the State if privacy protected personal information
     provided to the Purchaser is disclosed in violation of the federal Driver’s Privacy Protection Act
     (18 U.S.C. §2721). This obligation applies whether the disclosure was by the Purchaser or by a
     person or entity that acquired privacy protected information from the Purchaser, directly or
     indirectly.




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                                                                                           MVI : 9/00
4.   TERM OF CONTRACT

This contract becomes effective upon agreement and execution by both parties. The contract is
subject to a continuous annual renewal if all parties are in agreement.

The State reserves the right to amend any of the provisions of the contract or to waive any violations of
this contract by the Purchaser.

5.   ADDITIONAL LOCATIONS/USER IDS

This Motor Vehicle Inquiry Service Contract is for one business location and multiple User IDs, if
applicable. If additional business locations are necessary, a separate contract shall be required for
each location.

Each person who, by virtue of this agreement, is to be allowed access to MVRs from this business
location must be assigned a unique User ID to be used only by that person. Prior to issuance of any
User IDs by the State, a properly executed Request for External Access to TxDMV Information
Systems, attached as Attachment B, and Information Security Compliance Agreement, attached as
Attachment C, must be submitted for each person who is to have access to MVRs.

6.   SERVICE HOURS AND INFORMATION

A. The service hours for access of MVRs are 24 hours per day, 7 days per week, with the exception
   of downtime necessary for routine system maintenance or due to unforeseen or unexpected
   system downtime.

B. Technical assistance regarding the MVR information provided or User ID/Password Administration
   inquiries may be obtained by contacting the VTR, Technology Support Branch, at (512) 465-7727
   ext 1 (Monday through Friday, 8:00 AM – 5:00 PM).

C. Information regarding billings or payments for your account may be obtained by contacting the
   Texas Department of Motor Vehicles, at (512) 465-7727 ext 2 (Monday through Friday, 8:00 AM –
   5:00 PM).

D. Customers with questions or complaints concerning personal solicitation or privacy concerns
   should be referred to the Vehicle Titles and Registration Division, Call Center, at (512) 465-
   7611 (Monday through Friday, 8:00 AM to 5:00 PM).

7. DEPOSIT:

A deposit of at least $200.00 must be maintained in a non-interest bearing escrow account. This
initial deposit is to cover estimated service use. Such escrow account will be established by the
State prior to the assignment of User IDs which allow access to MVRs. Payment of the deposit
shall be made by check or warrant, payable to the “Texas Department of Motor Vehicles” and is
due upon execution of this contract. The minimum balance in the escrow account may increase,
depending on established monthly usage by the Purchaser. The Purchaser may deposit additional
funds into the escrow account in excess of the stated minimum balance. When it becomes
necessary to increase the Purchaser's escrow account minimum balance, as determined by the
State, the Purchaser agrees to pay the sum in increments of $200.00. This additional funding is
payable within fifteen (15) days from receipt of the State’s notification.




                                            Page 3 of 6
                                                                                             MVI : 9/00
8. BASE CHARGE:

A monthly base charge of $23.00, plus $ .12 per vehicle inquiry, will be assessed, as provided for
in Title 43, Texas Administrative Code, Chapter 3. These charges may be prepaid and credited to
the non-interest bearing escrow account at the request of the Purchaser. Service charges will be
deducted from the escrow account until the balance of that account reaches the minimum required
balance for the Purchaser, as determined by the State and provided herein.

9.   PAYMENT

The total amount is due monthly on or before the due date specified in the State’s invoice. Any
advance or overpayments will be credited to the account and applied to the next billing statement. Any
payment schedule must comply with these provisions.

Payment should be made to the following address:
          Texas Department of Motor Vehicles
          Vehicle Titles and Registration Division
          PO Box 12098
          Austin, Texas 78711-2098

10. DELINQUENT ACCOUNT:

The Purchaser’s account becomes delinquent and subject to termination if the total amount due is not
received on or before the due date specified in the State’s invoice or if payment is returned due to
insufficient funds. If a Purchaser’s account is terminated due to delinquency, the balance of the
$200.00 deposit, less the past due amounts will be refunded. Re-establishing service for a delinquent
account will require execution of a new contract, a $200 deposit and a non-refundable processing fee
of $50.00.

11. CHANGE OF STATUS

Termination by Purchaser. The Purchaser may terminate this contract in writing at any time.

Automatic Termination. This contract will automatically terminate if the Purchaser ceases to
conduct business, if the Purchaser substantially changes the nature of its business, if the
Purchaser sells its business, if there is a significant change in the ownership of the Purchaser, or if
the Purchaser dies. The Purchaser, its successor in interest, or its personal representative will
immediately notify the State in writing of any change in status that would implicate this paragraph.

Effect of Termination. If the contract is terminated under this section, the State will cancel all User
IDs associated with the Purchaser’s account and refund any unused portion of the non-interest
bearing escrow account, minus any outstanding balance due the State. The Purchaser’s
successor in interest will be eligible to apply for and execute a new contract.

12. CANCELLATION OF USER ID:

In the event any User ID assigned to the Purchaser’s account by the State is no longer needed for any
reason, including, but not limited to, termination, death, or separation from the Purchaser’s business of
the person to whom the User ID was assigned, the Purchaser shall immediately notify the State in
writing, or by submitting Attachment B, of the cancellation of the User ID. Upon receipt, the State will
cancel the User ID.




                                            Page 4 of 6
                                                                                             MVI : 9/00
13. TERMINATION OR DEFAULT

Termination by State. The State may terminate this contract in writing at any time for any reason.

Termination for Cause. Without limiting the foregoing, the State may immediately terminate this
contract, without notice, for any violation of the terms of this contract or for any violation of any
state or federal law relating to the information provided by the State under this contract.

Effect of Termination. If the contract is terminated under this section, the State will cancel all User
IDs associated with the Purchaser’s account, and refund any unused portion of the non-interest
bearing escrow account, minus any outstanding balance due the State.

14. COMPLIANCE WITH LAWS

The Purchaser shall comply with all applicable Federal, State, and local laws, statutes, codes,
ordinances, rules, and regulations, and with the orders and decrees of any court, or administrative
bodies, or tribunals in any matter affecting the performance of this contract. By signing this agreement,
the Purchaser certifies that he or she will comply with the provisions of the federal Driver’s Privacy
Protection Act (18 U.S.C. §2721), including, but not limited to, limiting usage to the permissible uses
under the Act.

15. AMENDMENTS

Any changes in the terms and conditions of this contract must be enacted by a written amendment,
executed by all parties to this contract.

16. LIMITATION OF LIABILITY

The Purchaser shall save harmless the State from any liability which may arise from the Purchaser’s
remote electronic access to the VTR database, and the State makes no representation or warranty as
to use, result, or accuracy of data contained herein.

17. PRIOR CONTRACTS SUPERSEDED

This contract constitutes the sole and only agreement of the parties hereto and supersedes any prior
understandings and/or written agreements between the State and the Purchaser respecting the
subject matter described herein.

18. SIGNATORY AUTHORITY

The undersigned for the Purchaser represents and warrants that he/she is an officer of the
organization for which he/she has executed this contract and that he/she has the full and complete
authority to enter into this contract on behalf of the Purchaser.




                                            Page 5 of 6
                                                                                             MVI : 9/00
IN TESTIMONY HEREOF, the parties to this contract have caused these presents to be executed
in duplicate counterparts.


         _________________________________________________________________
                                              THE PURCHASER

BY:       _________________________________________________________________
                                                Signature

          _________________________________________________________________
                                              Name and Title

          _________________________________________________________________
                                                 Address

          _________________________________________________________________
                                         City, State, and Zip Code

          _________________________________________________________________
                                                   Date



(     ) Sole Proprietorship ________________________________________
                           Social Security Number * or Employer I.D. Number

(     ) Partnership        _______________________________
                           Employer I.D. Number or Tax Number *

(     ) Corporation        _______________________________
                           Employer I.D. Number or Tax Number *

      * Note: For record keeping purposes, your Social Security Number, Employer I.D., or Tax
              Number is requested. However, you are not required by law to provide this
              information and may do so voluntarily.


                                  THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, and established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission.


BY: ________________________________________________________________________
                                                  Signature

                  Ed Serna, Executive Director, Texas Department of Motor Vehicles
                                                Name and Title

                                ____________________________
                                                     Date




                 * * * PLEASE KEEP A COPY OF THIS CONTRACT * * *




                                             Page 6 of 6
                                                                                      MVI : 9/00
                                                  ATTACHMENT A
                                         CERTIFICATION OF USE
NOTE: Effective December 1, 2000, the State will release information contained in the MVR’s and the VTR database only if
      the Purchaser certifies its intended uses of the information in Attachment “A” to this contract. Certified intended uses
      include only those uses for which the Purchaser itself will actually employ the information. Certified intended uses do
      not include uses that are speculative or that will be engaged in by persons acquiring the information from the
      Purchaser.

PLEASE INITIAL (DO NOT CHECK Y) THE INTENDED USE(S) FOR WHICH REMOTE ELECTRONIC
ACCESS TO THE VTR DATABASE IS REQUESTED:

                                               PERMITTED USES:
(I) A. For use in connection with any matter of:
____     (1) motor vehicle or motor vehicle operator safety;
____     (2) motor vehicle theft;
____     (3) motor vehicle emissions;
____     (4) motor vehicle product alterations, recalls, or advisories;
____     (5) performance monitoring of motor vehicles or motor vehicle dealers by a motor vehicle
              manufacturer; or
____     (6) removal of non-owner records from the original owner records of a motor vehicle manufacturer to
              carry out the purposes of:
              (a) the Automobile Information Disclosure Act, 15 U.S.C. Section 1231 et seq.;
              (b) 49 U.S.C. Chapters 301, 305, 323, 325, 327, 329, and 331;
              (c) the Anti Car Theft Act of 1992, 18 U.S.C. Sections 553, 981, 982, 2119, 2312, 2313, and
                   2322, 19 U.S.C. Sections 1646b and 1646c, and 42 U.S.C. Section 3750a et seq., all as
                   amended;
              (d) the Clean Air Act, 42 U.S.C. Section 7401 et seq., as amended; and
              (e) any other statute or regulation enacted or adopted under or in relation to a law included in
                   Paragraphs (a)-(d).

B.   Use will be strictly limited to use by:
____   (1) a government agency, including any court or law enforcement agency, in carrying out its
            functions; or
____   (2) a private person or entity acting on behalf of a government agency in carrying out the functions of
            the agency.

(II) A. Use in connection with a matter of:
____      (1) motor vehicle or motor vehicle operator safety;
____      (2) motor vehicle theft;
____      (3) motor vehicle product alterations, recalls, or advisories;
____      (4) performance monitoring of motor vehicles, motor vehicle parts, or motor vehicle dealers;
____      (5) motor vehicle market research activities, including survey research; or
____      (6) removal of non-owner records from the original owner records of motor vehicle manufacturers;

B.   Use in the normal course of business by a legitimate business or an agent, employee, or contractor of
     the business, but only:
____    (1) to verify the accuracy of personal information submitted by the individual to the business or an
             agent, employee, or contractor of the business; and
____    (2) if the information as submitted is not correct or is no longer correct, to obtain the correct
             information, for the sole purpose of preventing fraud by, pursuing a legal remedy against, or
             recovering on a debt or security interest against the individual;

C.   Use in conjunction:
____   With a civil, criminal, administrative, or arbitral proceeding in any court or government agency or
       before any self-regulatory body, including service of process, investigation in anticipation of litigation,
       execution or enforcement of a judgment or order, or under an order of any court;
D.   Use in:
____   Research or in producing statistical reports, but only if the personal information is not published,
       redisclosed, or used to contact any individual;
                                                       Attachment A
                                                         Page 1 of 2                                                MVI: 9/00
E.   Use by:
____   An insurer or insurance support organization, or by a self-insured entity, or an agent, employee, or
       contractor of the entity, in connection with claims investigation activities, antifraud activities, rating, or
       underwriting;

F.   Use in:
____   providing notice to an owner of a towed or impounded vehicle;

G.   Use by:
____   A licensed private investigator agency or licensed security service for a purpose permitted under this
       section;

H.   Use by:
____   An employer or an agent or insurer of the employer to obtain or verify information relating to a holder
       of a commercial driver's license that is required under 49 U.S.C. Chapter 313;

I.   Use in:
____   Connection with the operation of a private toll transportation facility;

J. Use for:
____    Any other purpose specifically authorized by law that relates to the operation of a motor vehicle or to
        public safety. Please cite the specific law: _____________________________________________
        _______________________________________________________________________________

                                              CERTIFICATION
I, _______________________________________, the Purchaser, do hereby certify that the
intended use of the VTR database information is requested for the permitted use(s) initialed
above.
                          _________________________________________________
                                                  (THE PURCHASER)

                          BY: ______________________________________________
                                                      (Signature)

                          _________________________________________________
                                                    (Name and Title)

                                             _____________________
                                                         (Date)




                                                    Attachment A
                                                      Page 2 of 2                                            MVI: 9/00
                                                    Attachment B
                                              Request for External Access
                                             To TxDMV Information Systems
Form 1980
(Rev. 4/06)
(Electronic version GSD-EPC Word 97)
Page 1 of 1



Requesting Organization: _________________________________________________ Date: ____________________


Account Number/User Id: ___________________________________________________________________________


Please Check One:                      Add          Change              Delete

Employee Name: _________________________________________________________________________________
                            Last                       First                     MI


Employee Signature: ______________________________________________________________________________



Approved By: ___________________________________________________________________                       ______________
                        Security Administrator (Printed Name and Signature)                                  Phone


Please describe the information you need to access.

                                                Motor Vehicle Information


Describe the business need for the information and how the information will be used.
(Note: For Motor Vehicle Inquiry, you must specify the legislative reference authorizing access to this information.)

                                                  Refer to Attachment A


                                                     For TxDMV Use Only

Date                               Completed By

Comments
                                                                                                                                   Attachment C

                                         Information Resources Security Compliance
                                               and Confidentiality Agreement
Form 1828c
(Rev. 9/2006)                                                (VTR External User)
(This version replaces Form 2110)
Page 1 of 1


I understand that the Texas Department of Motor Vehicles(“TxDMV”) collects and maintains confidential and privileged
information and permits access to data containing confidential and privileged information by contractual agreement with
external users not employed by TxDMV.

I understand and agree that I will observe the standards of confidentiality that must be maintained as I exchange business
and technical information and that unauthorized release of confidential information, or actions deemed negligent resulting
in damages/loss of information resources1, will result in termination of my contract and may also result in legal action.

I understand and agree that any and all information system password(s) or access procedure(s) I receive or devise for use
with TxDMV’s information systems are confidential and reserved for official state agency business only. I will not disclose
to any unauthorized person(s)2 any password(s) or access procedure(s) I am given or devise, and I will not post these
procedure(s) or written password(s) where persons who are not authorized to use TxDMV’s system may view them.
Attempts to access and utilize TxDMV’s information systems for other than their intended purposes may result in
prosecution under the Computer Fraud and Abuse Act of 1986 as well as any other applicable statutes and regulations.

I understand and agree that I am responsible for all information system transactions performed as a result of access
authorized by the use of my password(s) or procedure(s).

I agree not to attempt to circumvent information system security devices or procedures by using or attempting to use any
transaction, software, files, or other resources that I am not authorized to use.

I understand that intentionally failing to observe these requirements or intentionally bypassing them may constitute a
breach of information systems security as defined in the Texas Penal Code §33.02 and may result in immediate loss of
information system access.

I agree to abide by all TxDMV information security policies, procedures, and practices as outlined in the External TxDMV
User Policies, which are located at ftp://ftp.dot.state.tx.us/pub/txdot-info/isd/external_txdot_user_policies.doc

I acknowledge receipt of this agreement, understand its contents, and agree to abide by the terms set forth herein.
Additionally, I have been informed that questions regarding this agreement and/or issues related to the release or
disclosure of confidential information should be directed to the director of the TxDMV’s Information Systems Division.


                                     Signature                                                                       Date


                                    Printed Name


Original to project manager for inclusion in the user’s file.
Copy to be retained by security administrator for inclusion in user’s security file.

1
  Information resources include computer systems, telephone systems, voicemail systems, fax systems, and regular mail
systems as well as the procedures, equipment, and software that are designed, built, operated, and maintained to collect,
record, process, store, retrieve, display, and transmit information, and associated personnel including consultants and
contractors.
2
    Unauthorized person(s) include anyone who is not bound by a written confidentiality agreement.

The Texas Department of Motor Vehicles maintains the information collected through this form. With few exceptions, you are entitled on request to be
informed about the information that we collect about you. Under §§552.021 and 552.023 of the Texas Government Code, you also are entitled to receive
and review the information. Under §559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect.
                                            ATTACHMENT D
                                18 U.S.C. §2721 (PUBLIC LAW 103-322)
                            FEDERAL DRIVER'S PRIVACY PROTECTION ACT

CHAPTER 123 -- PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
                   INFORMATION FROM STATE MOTOR VEHICLE RECORDS.
Section 2721. Prohibition On Release And Use Of Certain Personal Information
              From State Motor Vehicle Records.
    (a) IN GENERAL.--
         Except as provided in subsection (b), a State department of motor vehicles, and any officer,
         employee, or contractor, thereof, shall not knowingly disclose or otherwise make available to any
         person or entity personal information about any individual obtained by the department in connection
         with a motor vehicle record.
    (b) PERMISSIBLE USES.--
         Personal information referred to in subsection (a) shall be disclosed for use in connection with matters
         of:
         - motor vehicle or driver safety and theft,
         - motor vehicle emissions,
         - motor vehicle product alterations, recalls, or advisories,
         - performance monitoring of motor vehicles and dealers by motor vehicle manufacturers,
         - and removal of non-owner records from the original owner records of motor vehicle manufacturers to
         carry out the purposes of the Automobile Information Disclosure Act, the Motor Vehicle Information
         and Cost Saving Act, the National Traffic and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act
         of 1992, and the Clean Air Act,

    and may be disclosed as follows:
      (1) For use by any government agency, including any court or law enforcement agency, in carrying out
         its functions, or any private person or entity acting on behalf of a Federal, State, or local agency in
         carrying out its functions.
      (2) For use in connection with matters of:
             - motor vehicle or driver safety and theft,
             - motor vehicle emissions,
             - motor vehicle product alterations, recalls, or advisories,
             - performance monitoring of motor vehicles, motor vehicle parts and dealers,
             - motor vehicle market research activities, including survey research, and
             removal of non-owner records from the original owner records of motor vehicle manufacturers.
      (3) For use in the normal course of business by a legitimate business or its agents, employees, or
         contractors, but only --
         (A) to verify the accuracy of personal information submitted by the individual to the business or its
             agents, employees, or contractors; and
         (B) if such information as so submitted is not correct or is no longer correct, to obtain the correct
             information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or
             recovering on a debt or security interest against, the individual.
      (4) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal,
         State, or local court or agency or before any self-regulatory body, including the service of process,
         investigation in anticipation of litigation, and the execution or enforcement of judgements and orders,
         or pursuant to an order of a Federal, State, or local court.
      (5) For use in research activities, and for use in producing statistical reports, so long as the personal
         information is not published, redisclosed, or used to contact individuals.




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      (6) For use by any insurer or insurance support organization, or by a self-insured entity, or its agents,
         employees, or contractors, in connection with claims investigation activities, antifraud activities,
         rating or underwriting.
      (7) For use in providing notice to the owners of towed or impounded vehicles.
      (8) For use by any licensed private investigative agency or licensed security service for any purpose
         permitted under this subsection.
      (9) For use by an employer or its agent or insurer to obtain and verify information relating to a holder of
         a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of
         1986 (49 U.S.C. App. 2710 et seq.).
    (10) For use in connection with the operation of private toll transportation facilities.
    (11) For any other use in response to requests for individual motor vehicle records if the State has
         obtained the express consent of the person to whom such personal information pertains.
    (12) For bulk distribution for surveys, marketing or solicitations if the State has obtained the express
         consent of the person to whom such personal information pertains.
    (13) For use by any requester, if the requester demonstrates it has obtained the written consent of the
         individual to whom the information pertains.
    (14) For any other use specifically authorized under the law of the State that holds the record, if such use
         is related to the operation of a motor vehicle or public safety.

    (c)   RESALE OR DISCLOSURE. --
          An authorized recipient of personal information (except a recipient under subsection (b) (11) or (12)
          may resell or redisclose the information only for a use permitted under subsection (b) (but not for
          uses under subsection (b) (11) or (12)). An authorized recipient under subsection (b) (11) may resell
          or redisclose personal information for any purpose. An authorized recipient under subsection (b)
          (12) may resell or redisclose personal information pursuant to subsection (b) (12). Any authorized
          recipient (except a recipient under subsection (b) (11)) that resells or rediscloses personal
          information by this title must keep for a period of five years records identifying each person or entity
          that receives information and the permitted purpose for which the information will be used and must
          make such records available to the motor vehicle department upon request.

    (d) WAIVER PROCEDURES.--
        A State motor vehicle department may establish and carry out procedures under which the
        department or its agents, upon receiving a request for personal information that does not fall within
        one of the exceptions in subsection (b), may mail a copy of the request to the individual about whom
        the information was requested, informing such individual of the request, together with a statement to
        the effect that the information will not be released unless the individual waives such individual's right
        to privacy under this section.

SECTION 2722. ADDITIONAL UNLAWFUL ACTS

    (a)   PROCUREMENT FOR UNLAWFUL PURPOSE --
          It shall be unlawful for any person knowingly to obtain or disclose personal information, from a motor
          vehicle record, for any use not permitted under section 2721 (b) of this title.

    (b) FALSE REPRESENTATION. --
        It shall be unlawful for any person to make false representation to obtain any personal information
        from an individual's motor vehicle record.




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SECTION 2723. PENALTIES
    (a) CRIMINAL FINE --
        A person who knowingly violates this chapter shall be fined under this title.
    (b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHICLES. --
        Any State department of motor vehicles that has a policy or practice of substantial noncompliance
        with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than
        $5,000 a day for each substantial noncompliance.

SECTION 2724. CIVIL ACTION
    (a) CAUSE OF ACTION. --
        A person who knowingly obtains, discloses or uses personal information, from a motor vehicle
        record, for a purpose not permitted under this chapter shall be liable to the individual to whom the
        information pertains, who may bring a civil action in a United States district court.

      (b) REMEDIES.--
          The court may award --
          (1) actual damages, but not less than liquidated damages in the amount of $2,500;
          (2) punitive damages upon proof of willful or reckless disregard of the law;
          (3) reasonable attorneys' fees or other litigation costs reasonably incurred; and
          (4) such other preliminary and equitable relief as the court determines to be appropriate.

SECTION 2725. DEFINITIONS.
 IN THIS CHAPTER --
     (1) 'MOTOR VEHICLE RECORD' means any record that pertains to a motor vehicle operator's permit,
         motor vehicle title, motor vehicle registration, or identification card issued by a department of motor
         vehicles;
     (2) 'PERSON' means an individual, organization or entity, but does not include a State or agency
         thereof, and;
     (3) 'PERSONAL INFORMATION' means information that identifies an individual, including an
         individual's:
            - photograph,
            - social security number,
            - driver identification number,
            - name,
            - address (but not 5-digit zip code),
            - telephone number, and
            - medical or disability information,
         but does not include information on:
            - vehicular accidents,
            - driving violations, and
            - driving status.

      (b) CLERICAL AMENDMENT. -- The table of parts at the beginning of part I of title 18, United States
          Code, is amended by adding at the end the following new item:
          "123. Prohibition on release and use of certain personal information from
          state motor vehicle records................................................................2271"
      SECTION 300003. EFFECTIVE DATE.
          The amendments made by section 300002 shall become effective on the date that is three years
          after the date of enactment of this Act.

      After the effective date, if a state has implemented a procedure under section 2721 (b) (11) and (12) of
      title 18, United States Code, as added by section 2902, for prohibiting disclosures or uses of personal
                                                   Attachment D
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information, and the procedure otherwise meets the requirements of subsection (b) (11) and (12), the
State shall be in compliance with subsection (b)(11) and (12) even if the procedure is not available to
individuals until they renew their license, title, registration or identification card, so long as the State
provides some other procedure for individuals to contact the State on their own initiative to prohibit such
uses or disclosures.

Prior to the effective date, personal information covered by the amendment made by section 300002 may
be released consistent with State law or practice.




                                           Attachment D
                                            Page 4 of 4
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