SRC-JRN H.B. 399 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 399
By: Goodman (Ratliff)
State Affairs
5-16-97
Engrossed


DIGEST 

Currently, a motor vehicle accident report filed after January 1, 1970 by
a peace officer is a public record open for inspection.  As a result of
this provision, private entities such as automotive body shops and
chiropractors began to use the information contained in accident reports
to solicit persons who may have suffered injuries or vehicle damage.  This
bill limits access to information regarding motor vehicle accidents to
prevent businesses from soliciting patronage from persons involved in an
accident. 

PURPOSE

As proposed, H.B. 399 limits access to information regarding motor vehicle
accidents to prevent businesses from soliciting patronage from persons
involved in an accident. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 550D, Transportation Code, by adding Section
550.0651, as follows: 

Sec. 550.0651.  RELEASE OF OTHER INFORMATION RELATING TO ACCIDENTS.
Provides that this section applies to information that is held by the
Department of Public Safety (department) or another governmental entity
and that relates to a motor vehicle accident, including certain other
information.  Provides that the information is privileged and for the
confidential use of the department and an agency of the United States,
this state, or a local government of this state that has use for the
information for accident prevention purposes.  Requires the department or
other governmental entity to release the information to certain entities
or persons, on written request and payment of any required fee.  Requires
the department or other governmental entity to request information on a
written form adopted by the department or governmental entity to determine
whether the person or entity requesting the information is entitled to
receive the information under Subsection (c). Provides that Chapter 552F,
Government Code, relating to costs of copies applice if the requesting
person or entity is entitled to the information under Subsection (c). 

SECTION 2. Emergency clause.
  Effective date: upon passage.