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
3-43 -------------------------------------------------------------------
3-44 Name: Gregory Jones x
3-45 Representing: Tarrant Co. Trial Lawyers Assn
3-46 City: Ft. Worth
3-47 -------------------------------------------------------------------
3-48 Name: Richard Hile x
3-49 Representing: Texas Trial Lawyers Assn
3-50 City: Austin
3-51 -------------------------------------------------------------------
3-52 Name: Bob Huxel x
3-53 Representing: Indep Insurance Agents of Texas
3-54 City: Austin
3-55 -------------------------------------------------------------------
3-56 Name: Karen R. Johnson x
3-57 Representing: State Bar of Texas
3-58 City: Austin
3-59 -------------------------------------------------------------------
3-60 Name: J. P. Word x
3-61 Representing: Texas Chiropractor Assn
3-62 City: Austin
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