Section 441.201 of the Government Code permits a governor in consultation with the Texas State Library and Archives Commission to designate an alternative repository in the state for his gubernatorial records. The records remain the property of the State of Texas, and remain subject to the Texas Public Information Act. The terms of an alternative depository arrangement must be memorialized in a memorandum of understanding or other appropriate documentation to which the Texas State Library and Archives Commission is a necessary party.

Opinion No. JC-0499.

The Honorable Tony Goolsby, Chair, Committee on House Administration, Texas House of Representatives, P. O. Box 2910, Austin, Texas 78768-2910.

Re: Whether certain uses of driver's license information violate the Federal Driver's Privacy Protection Act of 1994, 18 U.S.C. §§2721-2725 (2000). (RQ-0464-JC)

S U M M A R Y

The Federal Driver's Privacy Protection Act of 1994, 18 U.S.C. §§2721-2725 (2000) (the "DPPA"), applies to personal information collected by the Texas Department of Public Safety in connection with driver's licenses. The Department of Public Safety must comply with this federal law in releasing personal information subject to its protections.

State law does not permit a private club licensed to sell alcohol to its members by the Texas Alcoholic Beverage Commission to use the magnetic strip on driver's licenses to obtain members' driver's license numbers for the purpose of creating and maintaining membership lists nor does it permit clubs to retain driver's license numbers obtained from a magnetic strip for this purpose. See Tex. Transp. Code Ann. §521.126 (Vernon Supp. 2002); Tex. Alco. Bev. Code Ann. §109.61 (Vernon Supp. 2002); 16 Tex. Admin. Code §§41.49, .52 (2002).

The conclusion of Attorney General Opinion JC-0423 that section 109.61(a) of the Alcoholic Beverage Code authorizes the use of magnetic strip information to prevent underage drinking or other violations of the Alcoholic Beverage Code and that this use of the magnetic strip does not implicate the DPPA is affirmed. See Tex. Att'y Gen. Op. No. JC-0423 (2001) at 2, 4.

Opinion No. JC-0500.

The Honorable Phil Garrett, Palo Pinto County Attorney, P. O. Box 190, Palo Pinto, Texas 76484.

Re: Constitutionality of racial profiling statute under article III, section 35 of the Texas Constitution. (RQ-0467-JC)

S U M M A R Y

No enactment of the Texas Legislature may be held invalid for a deficiency in title under article III, section 35 of the Texas Constitution, as amended in 1986. Senate Bill 1074 is not unconstitutional for failure to meet the title requirement in article III, section 35 of the Texas Constitution.

Opinion No. JC-0501.

The Honorable Juan J. Hinojosa, Chair, Committee on Criminal Jurisprudence, Texas House of Representatives, P.O. Box 2910, Austin, Texas 78768-2910.

Re: Whether the governor is authorized to increase and appropriate state motor vehicle registration fees. (RQ-0475-JC)

S U M M A R Y

The governor is not authorized to increase or appropriate state motor vehicle registration fees. However, chapter 317 of the Government Code authorizes the governor and the legislative budget board in the event of an emergency to act to redirect state motor vehicle registration fees already appropriated by the legislature for particular purposes to other uses permitted by article VIII, section 7-a of the Texas Constitution.

Whether proposed or contemplated legislation falls within the jurisdiction of a particular House committee is a matter to be determined by the House of Representatives.

For further information, please call the Opinion Committee at (512) 463-2110 or access the website at www.oag.state.tx.us.

TRD-200202844

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: May 8, 2002