SECTION 217.133. Annual Report

(a) An authorized recipient under a bulk contract must electronically submit an annual report, on a form prescribed by the department, on or before October 1st of each year for the 12-month period beginning September 1st of the preceding year.

(b) An annual report must include information regarding any third party to which the authorized recipient redisclosed personal information from department motor vehicle records during the reporting period, including:

(1) the name of the third party, including both the individual and the organization or entity with which the individual is associated, when known; and

(2) the third party's permitted uses under Transportation Code §730.007 for the redisclosed motor vehicle records.

(c) An annual report must include the signature of the requestor or, if the requestor is an organization or entity, the signature of an officer or director of the requestor certifying that all statements in the annual report are true and correct.

(d) An authorized recipient under a bulk contract may request an extension of time to submit an annual report by sending a written request to the department no later than September 1st of the year the annual report is required to be submitted. The request for extension must include proof of an event that is beyond the control of the authorized recipient and prevents the timely submission of the annual report. The department may grant an extension for submission of the annual report to no later than December 1st of the year the annual report is required to be submitted.

(e) If an authorized recipient under a bulk contract fails to timely submit the annual report or request an extension under subsection (d) of this section, the department may cease disclosing motor vehicle records until the annual report is submitted to the department. If an authorized recipient fails to submit an annual report by December 1st of the year the annual report is required to be submitted, then the department may terminate the bulk contract.

(f) If a person cancels or the department terminates a bulk contract, the person must submit a final report containing all the information required under subsection (b) of this section relating to all personal information from department motor vehicle records redisclosed since the last annual report or, if the person has never submitted an annual report, since the execution of the bulk contract. The person must submit this report by the 90th day after the date of the cancellation or termination of the bulk contract.

Source Note: The provisions of this §217.133 adopted to be effective November 2, 2022, 47 TexReg 7288