1-1 By: Goodman, et al. (Senate Sponsor - Ratliff) H.B. No. 391
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on State
1-4 Affairs; May 22, 1995, reported favorably by the following vote:
1-5 Yeas 11, Nays 0; May 22, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the availability of motor vehicle accident reports.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 47, Uniform Act Regulating Traffic on
1-11 Highways (Article 6701d, Vernon's Texas Civil Statutes), is
1-12 reenacted and amended to read as follows:
1-13 Sec. 47. Accident Reports. (a) Except as provided by
1-14 Subsection (b) of this section, all accident reports made as
1-15 required by this Act or Section 4, Texas Motor Vehicle
1-16 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
1-17 Statutes), <and its subsequent amendments,> by persons involved in
1-18 accidents, by garages, or by peace officers shall be without
1-19 prejudice to the individual so reporting and shall be privileged
1-20 and for the confidential use of the Department and agencies of the
1-21 United States, this state, or local governments of this state
1-22 having use for the records for accident prevention purposes.
1-23 (b)(1) The <For a period of 180 days after the date of an
1-24 accident, the> Department or a law enforcement agency employing a
1-25 peace officer who made an accident report is required to release a
1-26 copy of the report on request to:
1-27 (A) an agency described by Subsection (a) of
1-28 this section;
1-29 (B) the law enforcement agency that employs the
1-30 peace officer who investigated the accident and forwarded the
1-31 report to the Department;
1-32 (C) a court in which a case involving one of the
1-33 persons involved in the accident is pending pursuant to a lawful
1-34 subpoena; or
1-35 (D) a <driver, passenger, or other> person who
1-36 provides the Department or the law enforcement agency with two or
1-37 more of the following:
1-38 (i) the date of the accident;
1-39 (ii) the name of any person involved in
1-40 the accident; or
1-41 (iii) the specific location of the
1-42 accident <involved;>
1-43 <(E) the guardian or conservator of a person
1-44 involved;>
1-45 <(F) a parent of a person involved who is a
1-46 minor;>
1-47 <(G) an authorized representative of a driver,
1-48 passenger, or other person involved;>
1-49 <(H) a representative of the insurance company
1-50 of a driver, passenger, or other person involved;>
1-51 <(I) a representative of a person killed or
1-52 injured in the accident;>
1-53 <(J) an owner of property damaged as a result of
1-54 the accident or a representative of the insurance company of the
1-55 owner;>
1-56 <(K) a person who may be subject to civil
1-57 liability as a result of the accident;>
1-58 <(L) a member of a wire service or press
1-59 association, a professional journalist, or an agent or employee of
1-60 a news medium;>
1-61 <(M) an attorney who represents an individual
1-62 described by this subsection;>
1-63 <(N) a person who employs or who is considering
1-64 employing a driver involved; or>
1-65 <(O) a representative of an insurance company
1-66 that provides or that is considering providing coverage for a
1-67 driver involved>.
1-68 (2) The Department or a law enforcement agency shall
2-1 <is authorized to> request information on a written form to be
2-2 determined by the Department or agency for the purpose of
2-3 determining whether the person or entity requesting the information
2-4 is eligible to receive such information as provided by Subdivision
2-5 (1) of this subsection.
2-6 <(3) The Department or a law enforcement agency is
2-7 prohibited from releasing a copy of the accident report before the
2-8 expiration of the period specified by Subdivision (1) of this
2-9 subsection, except as provided by that subdivision.>
2-10 (c) <After the period provided by Subsection (b)(1) of this
2-11 section, an accident report prepared by a peace officer and
2-12 submitted to the Department after January 1, 1970, is a public
2-13 record open for inspection.>
2-14 <(d)> The Department or a law enforcement agency shall
2-15 provide a copy or copies of any peace officer's report that may be
2-16 released as provided by this section on written request and payment
2-17 of a Four Dollar ($4) fee. Such copy may be certified by the
2-18 Department or a law enforcement agency for an additional fee of Two
2-19 Dollars ($2). In the event no report is on file the Department may
2-20 certify such fact for a fee of Four Dollars ($4).
2-21 (d) <(e)> All fees collected by the Department under this
2-22 Section <shall be placed in the Operators and Chauffeurs License
2-23 Fund and> are hereby appropriated to be used by the Department in
2-24 the administration of this Act.
2-25 <(f) In this section:>
2-26 <(1) "Magazine" means a publication containing news
2-27 that:>
2-28 <(A) is published and distributed periodically
2-29 and has been for at least one year;>
2-30 <(B) has a paid circulation; and>
2-31 <(C) has been entered at a United States post
2-32 office as second class matter.>
2-33 <(2) "News" means written, oral, pictorial,
2-34 electronic, or other information or communication, whether or not
2-35 recorded, concerning local, national, or worldwide events or other
2-36 matters of public concern.>
2-37 <(3) "News agency" means a commercial organization
2-38 that collects and supplies news to subscribing newspapers,
2-39 magazines, and news broadcasters.>
2-40 <(4) "News medium" means a newspaper, magazine, news
2-41 agency, press association, wire service, radio station, television
2-42 station, broadcasting network, or broadcast news service that has
2-43 as one of its regular functions the processing and researching of
2-44 news intended for dissemination to the public.>
2-45 <(5) "Newspaper" means a publication that:>
2-46 <(A) is printed and distributed ordinarily at
2-47 least once a week and has been printed and distributed on that
2-48 basis for at least one year;>
2-49 <(B) contains news, editorials, features,
2-50 advertising, or other matter regarded as being of current interest;>
2-51 <(C) has a paid circulation; and>
2-52 <(D) has been entered at a United States post
2-53 office as second class matter.>
2-54 <(6) "Press association" means an association of
2-55 newspapers or magazines, or both, formed to gather and distribute
2-56 news to its members.>
2-57 <(7) "Professional journalist" means an individual who
2-58 is a regular employee or is otherwise affiliated with a news medium
2-59 and who engages in gathering, preparing, collecting, writing,
2-60 editing, filming, taping, or photographing news intended for the
2-61 medium, and includes an individual engaged in analyzing, commenting
2-62 on, or broadcasting news by radio or television transmission.>
2-63 <(8) "Wire service" means a news agency that sends out
2-64 syndicated news copy by wire to subscribing newspapers, magazines,
2-65 or news broadcasters.>
2-66 SECTION 2. This Act takes effect September 1, 1995.
2-67 SECTION 3. The importance of this legislation and the
2-68 crowded condition of the calendars in both houses create an
2-69 emergency and an imperative public necessity that the
2-70 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.
3-2 * * * * *