BILL ANALYSIS H.B. 391 By: Goodman 04-21-95 Committee Report (Unamended) BACKGROUND Currently, motor vehicle accident reports are available to anyone wishing to view or obtain the report. A common practice of certain for-profit organizations, especially in urban areas, is to obtain the names and addresses of accident victims and sell the lists to groups who then contact the victims for the purpose of solicitation. PURPOSE To restrict the accessibility of accident reports, with exceptions, protect the privacy of citizens from undesired solicitation and curtail misleading and false advertising and solicitation. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS Section 1. Amends Section 47, Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes) as follows: Subsection (a) deletes language pertaining to subsequent amendments. Subsection (b)(1) closes accident reports with exceptions. Subsection (b)(1)(D) allows for persons with specific information to obtain accident reports. Subsections (b)(1)(E)-(O) are deleted. Subsection (b)(2) requires law enforcement agencies to request certain information on a written form in order to give access to persons requesting an accident report. Subsection (3) is deleted. Subsection (d) requires that fees collected under this Section are to be used by the Department in the administration of this Act. Subsection (f) is deleted. Section 2. Effective date, September 1995 Section 3. Emergency Clause. SUMMARY OF COMMITTEE ACTION H.B. 391 was considered by the committee in a public hearing on April 4, 1995. The following persons testified for the bill: John Richards, representing The State Bar of Texas. Gregory Jones, representing the Tarrant County Trial Lawyers Association. Sgt. Sam Cox, representing the Austin Police Department and the Texas Municipal Police Association. The following person testified against the bill: John Henry, representing the Texas Media Association. The following person testified on the bill: James Templeton, representing Texas Department of Public Safety. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 8 ayes, 0 nays 0 pnv, 1 absent.