1-1  By:  Goodman, et al. (Senate Sponsor - Haley)          H.B. No. 272
    1-2        (In the Senate - Received from the House May 5, 1993;
    1-3  May 6, 1993, read first time and referred to Committee on State
    1-4  Affairs; May 12, 1993, reported favorably by the following vote:
    1-5  Yeas 11, Nays 0; May 12, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Harris of Dallas   x                               
    1-9        Rosson             x                               
   1-10        Carriker           x                               
   1-11        Henderson          x                               
   1-12        Leedom             x                               
   1-13        Lucio              x                               
   1-14        Luna               x                               
   1-15        Nelson                                         x   
   1-16        Patterson          x                               
   1-17        Shelley            x                               
   1-18        Sibley             x                               
   1-19        West               x                               
   1-20        Whitmire                                       x   
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to accessibility of vehicle accident reports.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Section 47, Uniform Act Regulating Traffic on
   1-26  Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
   1-27  to read as follows:
   1-28        Sec. 47.  Accident Reports.  (a)  Except as provided by
   1-29  Subsection (b) of this section, all  <All> accident reports made as
   1-30  required by this Act or Section 4, Texas Motor Vehicle
   1-31  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   1-32  Statutes), and its subsequent amendments, by persons involved in
   1-33  accidents, by garages, or by peace officers shall be without
   1-34  prejudice to the individual so reporting and shall be privileged
   1-35  and for the confidential use of the Department and <or other State>
   1-36  agencies of the United States, this state, or local governments of
   1-37  this state having use for the records for accident prevention
   1-38  purposes<, except that the Department may disclose the identity of
   1-39  a person involved in an accident when such identity is not
   1-40  otherwise known or when such person denies his presence at such
   1-41  accident, provided that accident reports submitted by peace
   1-42  officers after January 1, 1970, are public records open for
   1-43  inspection>.
   1-44        (b)(1)  For a period of 180 days after the date of an
   1-45  accident, the Department or a law enforcement agency employing a
   1-46  peace officer who made an accident report is required to release a
   1-47  copy of the report on request to:
   1-48                    (A)  an agency described by Subsection (a) of
   1-49  this section;
   1-50                    (B)  the law enforcement agency that employs the
   1-51  peace officer who investigated the accident and forwarded the
   1-52  report to the Department;
   1-53                    (C)  a court in which a case involving one of the
   1-54  persons involved in the accident is pending pursuant to a lawful
   1-55  subpoena;
   1-56                    (D)  a driver, passenger, or other person
   1-57  involved;
   1-58                    (E)  the guardian or conservator of a person
   1-59  involved;
   1-60                    (F)  a parent of a person involved who is a
   1-61  minor;
   1-62                    (G)  an authorized representative of a driver,
   1-63  passenger, or other person involved;
   1-64                    (H)  a representative of the insurance company of
   1-65  a driver, passenger, or other person involved;
   1-66                    (I)  a representative of a person killed or
   1-67  injured in the accident;
   1-68                    (J)  an owner of property damaged as a result of
    2-1  the accident or a representative of the insurance company of the
    2-2  owner;
    2-3                    (K)  a person who may be subject to civil
    2-4  liability as a result of the accident;
    2-5                    (L)  a member of a wire service or press
    2-6  association, a professional journalist, or an agent or employee of
    2-7  a news medium;
    2-8                    (M)  an attorney who represents an individual
    2-9  described by this subsection;
   2-10                    (N)  a person who employs or who is considering
   2-11  employing a driver involved; or
   2-12                    (O)  a representative of an insurance company
   2-13  that provides or that is considering providing coverage for a
   2-14  driver involved.
   2-15              (2)  The Department or a law enforcement agency is
   2-16  authorized to request information on a written form to be
   2-17  determined by the Department or agency for the purpose of
   2-18  determining whether the person or entity requesting the information
   2-19  is eligible to receive such information as provided by Subdivision
   2-20  (1) of this subsection.
   2-21              (3)  The Department or a law enforcement agency is
   2-22  prohibited from releasing a copy of the accident report before the
   2-23  expiration of the period specified by Subdivision (1) of this
   2-24  subsection, except as provided by that subdivision.
   2-25        (c)  After the period provided by Subsection (b)(1) of this
   2-26  section, an accident report prepared by a peace officer and
   2-27  submitted to the Department after January 1, 1970, is a public
   2-28  record open for inspection.
   2-29        (d)  The  <After January 1, 1970, the> Department or a law
   2-30  enforcement agency shall provide a copy or copies of any peace
   2-31  officer's report that may be released as provided by this section
   2-32  on <submitted after that date to any person upon> written request
   2-33  and payment of a Four Dollar ($4) fee.  Such copy may be certified
   2-34  by the Department or a law enforcement agency for an additional fee
   2-35  of Two Dollars ($2).  In the event no report is on file the
   2-36  Department may certify such fact for a fee of Four Dollars ($4).
   2-37        (e)  All fees collected by the Department under this Section
   2-38  shall be placed in the Operators and Chauffeurs License Fund and
   2-39  are hereby appropriated to be used by the Department in the
   2-40  administration of this Act.
   2-41        (f)  In this section:
   2-42              (1)  "Magazine" means a publication containing news
   2-43  that:
   2-44                    (A)  is published and distributed periodically
   2-45  and has been for at least one year;
   2-46                    (B)  has a paid circulation; and
   2-47                    (C)  has been entered at a United States post
   2-48  office as second class matter.
   2-49              (2)  "News" means written, oral, pictorial, electronic,
   2-50  or other information or communication, whether or not recorded,
   2-51  concerning local, national, or worldwide events or other matters of
   2-52  public concern.
   2-53              (3)  "News agency" means a commercial organization that
   2-54  collects and supplies news to subscribing newspapers, magazines,
   2-55  and news broadcasters.
   2-56              (4)  "News medium" means a newspaper, magazine, news
   2-57  agency, press association, wire service, radio station, television
   2-58  station, broadcasting network, or broadcast news service that has
   2-59  as one of its regular functions the processing and researching of
   2-60  news intended for dissemination to the public.
   2-61              (5)  "Newspaper" means a publication that:
   2-62                    (A)  is printed and distributed ordinarily at
   2-63  least once a week and has been printed and distributed on that
   2-64  basis for at least one year;
   2-65                    (B)  contains news, editorials, features,
   2-66  advertising, or other matter regarded as being of current interest;
   2-67                    (C)  has a paid circulation; and
   2-68                    (D)  has been entered at a United States post
   2-69  office as second class matter.
   2-70              (6)  "Press association" means an association of
    3-1  newspapers or magazines, or both, formed to gather and distribute
    3-2  news to its members.
    3-3              (7)  "Professional journalist" means an individual who
    3-4  is a regular employee or is otherwise affiliated with a news medium
    3-5  and who engages in gathering, preparing, collecting, writing,
    3-6  editing, filming, taping, or photographing news intended for the
    3-7  medium, and includes an individual engaged in analyzing, commenting
    3-8  on, or broadcasting news by radio or television transmission.
    3-9              (8)  "Wire service" means a news agency that sends out
   3-10  syndicated news copy by wire to subscribing newspapers, magazines,
   3-11  or news broadcasters.
   3-12        SECTION 2.  This Act takes effect September 1, 1993, and
   3-13  applies to all requests made on or after that date for copies of
   3-14  accident reports.  A request that was made before the effective
   3-15  date of this Act for an accident report is governed by the law as
   3-16  it existed at the time the request was made, and the former law is
   3-17  continued in effect for that purpose.
   3-18        SECTION 3.  The importance of this legislation and the
   3-19  crowded condition of the calendars in both houses create an
   3-20  emergency and an imperative public necessity that the
   3-21  constitutional rule requiring bills to be read on three several
   3-22  days in each house be suspended, and this rule is hereby suspended.
   3-23                               * * * * *
   3-24                                                         Austin,
   3-25  Texas
   3-26                                                         May 12, 1993
   3-27  Hon. Bob Bullock
   3-28  President of the Senate
   3-29  Sir:
   3-30  We, your Committee on State Affairs to which was referred H.B.
   3-31  No. 272, have had the same under consideration, and I am instructed
   3-32  to report it back to the Senate with the recommendation that it do
   3-33  pass and be printed.
   3-34                                                         Harris of
   3-35  Dallas, Chairman
   3-36                               * * * * *
   3-37                               WITNESSES
   3-38                                                  FOR   AGAINST  ON
   3-39  ___________________________________________________________________
   3-40  Name:  James Templeton                                         x
   3-41  Representing:  Texas Dept of Public Safety
   3-42  City:  Austin
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   3-44  Name:  Gregory Jones                             x
   3-45  Representing:  Tarrant Co. Trial Lawyers Assn
   3-46  City:  Ft. Worth
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   3-48  Name:  Richard Hile                              x
   3-49  Representing:  Texas Trial Lawyers Assn
   3-50  City:  Austin
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   3-52  Name:  Bob Huxel                                 x
   3-53  Representing:  Indep Insurance Agents of Texas
   3-54  City:  Austin
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   3-56  Name:  Karen R. Johnson                          x
   3-57  Representing:  State Bar of Texas
   3-58  City:  Austin
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   3-60  Name:  J. P. Word                                x
   3-61  Representing:  Texas Chiropractor Assn
   3-62  City:  Austin
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