By Ratliff S.B. No. 1707
74R1998 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the availability of motor vehicle accident reports.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 47, Uniform Act Regulating Traffic on
1-5 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
1-6 to read as follows:
1-7 Sec. 47. Accident Reports. (a) Except as provided by
1-8 Subsection (b) of this section, all accident reports made as
1-9 required by this Act or Section 4, Texas Motor Vehicle
1-10 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
1-11 Statutes), <and its subsequent amendments,> by persons involved in
1-12 accidents, by garages, or by peace officers shall be without
1-13 prejudice to the individual so reporting and shall be privileged
1-14 and for the confidential use of the Department and agencies of the
1-15 United States, this state, or local governments of this state
1-16 having use for the records for accident prevention purposes.
1-17 (b)(1) The <For a period of 180 days after the date of an
1-18 accident, the> Department or a law enforcement agency employing a
1-19 peace officer who made an accident report is required to release a
1-20 copy of the report on request to:
1-21 (A) an agency described by Subsection (a) of
1-22 this section;
1-23 (B) the law enforcement agency that employs the
1-24 peace officer who investigated the accident and forwarded the
2-1 report to the Department;
2-2 (C) a court in which a case involving one of the
2-3 persons involved in the accident is pending pursuant to a lawful
2-4 subpoena; or
2-5 (D) a <driver, passenger, or other> person who
2-6 provides the Department or the law enforcement agency with two or
2-7 more of the following:
2-8 (i) the date of the accident;
2-9 (ii) the name of any person involved in
2-10 the accident; or
2-11 (iii) the specific location of the
2-12 accident <involved;>
2-13 <(E) the guardian or conservator of a person
2-14 involved;>
2-15 <(F) a parent of a person involved who is a
2-16 minor;>
2-17 <(G) an authorized representative of a driver,
2-18 passenger, or other person involved;>
2-19 <(H) a representative of the insurance company
2-20 of a driver, passenger, or other person involved;>
2-21 <(I) a representative of a person killed or
2-22 injured in the accident;>
2-23 <(J) an owner of property damaged as a result of
2-24 the accident or a representative of the insurance company of the
2-25 owner;>
2-26 <(K) a person who may be subject to civil
2-27 liability as a result of the accident;>
3-1 <(L) a member of a wire service or press
3-2 association, a professional journalist, or an agent or employee of
3-3 a news medium;>
3-4 <(M) an attorney who represents an individual
3-5 described by this subsection;>
3-6 <(N) a person who employs or who is considering
3-7 employing a driver involved; or>
3-8 <(O) a representative of an insurance company
3-9 that provides or that is considering providing coverage for a
3-10 driver involved>.
3-11 (2) The Department or a law enforcement agency shall
3-12 <is authorized to> request information on a written form to be
3-13 determined by the Department or agency for the purpose of
3-14 determining whether the person or entity requesting the information
3-15 is eligible to receive such information as provided by Subdivision
3-16 (1) of this subsection.
3-17 <(3) The Department or a law enforcement agency is
3-18 prohibited from releasing a copy of the accident report before the
3-19 expiration of the period specified by Subdivision (1) of this
3-20 subsection, except as provided by that subdivision.>
3-21 (c) <After the period provided by Subsection (b)(1) of this
3-22 section, an accident report prepared by a peace officer and
3-23 submitted to the Department after January 1, 1970, is a public
3-24 record open for inspection.>
3-25 <(d)> The Department or a law enforcement agency shall
3-26 provide a copy or copies of any peace officer's report that may be
3-27 released as provided by this section on written request and payment
4-1 of a Four Dollar ($4) fee. Such copy may be certified by the
4-2 Department or a law enforcement agency for an additional fee of Two
4-3 Dollars ($2). In the event no report is on file the Department may
4-4 certify such fact for a fee of Four Dollars ($4).
4-5 (d) <(e)> All fees collected by the Department under this
4-6 Section <shall be placed in the Operators and Chauffeurs License
4-7 Fund and> are hereby appropriated to be used by the Department in
4-8 the administration of this Act.
4-9 <(f) In this section:>
4-10 <(1) "Magazine" means a publication containing news
4-11 that:>
4-12 <(A) is published and distributed periodically
4-13 and has been for at least one year;>
4-14 <(B) has a paid circulation; and>
4-15 <(C) has been entered at a United States post
4-16 office as second class matter.>
4-17 <(2) "News" means written, oral, pictorial,
4-18 electronic, or other information or communication, whether or not
4-19 recorded, concerning local, national, or worldwide events or other
4-20 matters of public concern.>
4-21 <(3) "News agency" means a commercial organization
4-22 that collects and supplies news to subscribing newspapers,
4-23 magazines, and news broadcasters.>
4-24 <(4) "News medium" means a newspaper, magazine, news
4-25 agency, press association, wire service, radio station, television
4-26 station, broadcasting network, or broadcast news service that has
4-27 as one of its regular functions the processing and researching of
5-1 news intended for dissemination to the public.>
5-2 <(5) "Newspaper" means a publication that:>
5-3 <(A) is printed and distributed ordinarily at
5-4 least once a week and has been printed and distributed on that
5-5 basis for at least one year;>
5-6 <(B) contains news, editorials, features,
5-7 advertising, or other matter regarded as being of current interest;>
5-8 <(C) has a paid circulation; and>
5-9 <(D) has been entered at a United States post
5-10 office as second class matter.>
5-11 <(6) "Press association" means an association of
5-12 newspapers or magazines, or both, formed to gather and distribute
5-13 news to its members.>
5-14 <(7) "Professional journalist" means an individual who
5-15 is a regular employee or is otherwise affiliated with a news medium
5-16 and who engages in gathering, preparing, collecting, writing,
5-17 editing, filming, taping, or photographing news intended for the
5-18 medium, and includes an individual engaged in analyzing, commenting
5-19 on, or broadcasting news by radio or television transmission.>
5-20 <(8) "Wire service" means a news agency that sends out
5-21 syndicated news copy by wire to subscribing newspapers, magazines,
5-22 or news broadcasters.>
5-23 SECTION 2. This Act takes effect September 1, 1995.
5-24 SECTION 3. The importance of this legislation and the
5-25 crowded condition of the calendars in both houses create an
5-26 emergency and an imperative public necessity that the
5-27 constitutional rule requiring bills to be read on three several
6-1 days in each house be suspended, and this rule is hereby suspended.