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.