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.
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