You raise a good point with respect to the commerce clause. It certainly was the constitutional underpinning for the civil rights legislation of the l960's along with the Fifth and Fourteenth Amendments. However, the U S Supreme Court has on a number of occasions been faced with the task of balancing the Federal Government's right to regulate interstate commerce against the individual state's right to exercise its police power to protect the well being of its citizens. There was an interesting line of cases having to with taxes and mud flaps on trucks which resulted in upholding the state's laws as long as they were not applied in a discriminatory manner. In other words the State could not require out of state trucking firms to have mud flaps on its trucks unless it required its native trucking firms to have them also. The point is that if Texas elects to protect its citizens by making their personal information less accessable there is a lot of room to argue a defense against someone's asserting that Texas' law places too great a burden on interstate commerce. The Court will need to weigh the interests and balance the equities

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