State Rep. Larry Phillips, R-Sherman, isn't happy that one-quarter to one-third of all Texans drive without automotive insurance, according to his research. He aims to change that with his proposed House Bill 2893, which includes a subsection that some find disturbing: the addition of an electronic tracking and identification system onto each vehicle.
The device, known as a Radio Frequency Identification tag, would be placed onto the inspection sticker of each vehicle. The tag would transmit a unique frequency that would show the vehicle's make, model, identification number, the title as registered with the Department of Transportation and whether or not the driver has insurance coverage. The proposed law also makes clear that the state will create a database of insurance provider and coverage information, keeping track of who has what insurance policy and whether it is paid or not.
The bill does not specify how the tags would be read, though with this technology in place on vehicles, RFID readers could be installed at stop lights, toll booths, signs and mile markers, said Scott Henson, a Texas American Civil Liberties Union police accountability and homeland security specialist. If the reader detects from the tag that the driver is not in compliance with his insurance policy, he will be automatically issued a ticket.
"The language opens up the whole tracking system for any conceivable law enforcement use," Henson said. "Once that happens, Texans' cars might one day appear as electronic dots on law enforcement's computer mapping screens."
Henson also worries that the RFID tags will lead to invasion of privacy.
"The transponder lets the government track you wherever you go, whether to visit your grandmother, secretly visit a gay bar or drive to a medical supplies office, whatever," Henson said.
The bill was scheduled for an April 5 hearing by the Transportation Committee, but the committee meeting scheduled for that day did not take place. The bill's future is now questionable.
According to Philip Doty, associate director of the Telecommunications and Information Policy Institute at UT-Austin, this bill flies in the face of the First Amendment.
"What a horrible mistake this would be," Doty said. "One of the essential elements of privacy is that citizens are presumed innocent until they are proven guilty. This law presumes everyone should be tracked and monitored simply because they exist."
However, Phillips is well aware of the privacy concerns behind the bill and says he will not allow it to pass unless these issues have been examined more carefully.
"The focus is to cut down on uninsured drivers," Phillips said. "It would not be used to transmit personal information. I think that the matter of privacy is a hugely valid issue here, and we have to examine whether this technology will help us or hurt us."
Phillips said that looking at both sides of the issue ensures that the bill will not be rushed to into law.
"The very last thing I want to do is create a tracking system of some kind," Phillips said. "I will not be a part of that."
Doty, however, said that the device has more implications than just monitoring whether people have paid their insurance bills or not.
"In post-Patriot Act America, people have lost awareness of the little changes that lead to a chain of effects that restrict us politically and individually," Doty said. "There is no reason to believe that this insurance database won't be combined with other databases, such as those of the attorney general or the FBI. The only thing this bill will lead to is more unwanted government intrusion in our lives."
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