By: Goodman H.B. No. 272
73R543 MLM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to accessibility of vehicle accident reports.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 47, Uniform Act Regulating Traffic on
1-5 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
1-6 to read as follows:
1-7 Sec. 47. Accident Reports. (a) Except as provided by
1-8 Subsection (b) of this section, all <All> accident reports made as
1-9 required by this Act or Section 4, Texas Motor Vehicle
1-10 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
1-11 Statutes), by persons involved in accidents, by garages, or peace
1-12 officers shall be without prejudice to the individual so reporting
1-13 and shall be privileged and for the confidential use of the
1-14 Department or other State agencies having use for the records for
1-15 accident prevention purposes<, except that the Department may
1-16 disclose the identity of a person involved in an accident when such
1-17 identity is not otherwise known or when such person denies his
1-18 presence at such accident, provided that accident reports submitted
1-19 by peace officers after January 1, 1970, are public records open
1-20 for inspection>.
1-21 (b) For a period of 180 days after the date of an accident,
1-22 the Department or a law enforcement agency employing a peace
1-23 officer who made an accident report may release a copy of the
1-24 report only to:
2-1 (1) a State agency described by Subsection (a) of this
2-2 section;
2-3 (2) a court in which a case arising out of the
2-4 accident is pending;
2-5 (3) a driver, passenger, or other person involved;
2-6 (4) the guardian or conservator of a person involved;
2-7 (5) a parent of a person involved who is a minor;
2-8 (6) an authorized representative of a driver involved;
2-9 (7) a representative of the insurance company of a
2-10 driver involved;
2-11 (8) a representative of a person killed or injured in
2-12 the accident;
2-13 (9) an owner of property damaged as a result of the
2-14 accident;
2-15 (10) a person who may be subject to civil liability as
2-16 a result of the accident;
2-17 (11) a member of the news media; or
2-18 (12) an attorney who represents an individual
2-19 described by this subsection.
2-20 (c) After the period provided by Subsection (b) of this
2-21 section, an accident report submitted to the Department after
2-22 January 1, 1970, is a public record open for inspection.
2-23 (d) The <After January 1, 1970, the> Department shall
2-24 provide a copy or copies of any peace officer's report that may be
2-25 released as provided by this section on <submitted after that date
2-26 to any person upon> written request and payment of a Four Dollar
2-27 ($4) fee. Such copy may be certified by the Department for an
3-1 additional fee of Two Dollars ($2). In the event no report is on
3-2 file the Department may certify such fact for a fee of Four Dollars
3-3 ($4).
3-4 (e) All fees collected under this Section shall be placed in
3-5 the Operators and Chauffeurs License Fund and are hereby
3-6 appropriated to be used by the Department in the administration of
3-7 this Act.
3-8 SECTION 2. This Act takes effect September 1, 1993, and
3-9 applies to all requests made on or after that date for copies of
3-10 accident reports. A request that was made before the effective
3-11 date of this Act for an accident report is governed by the law as
3-12 it existed at the time the request was made, and the former law is
3-13 continued in effect for this purpose.
3-14 SECTION 3. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.