By Goodman, et al. H.B. No. 399 75R11695 JRD-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the availability of governmental information about 1-3 motor vehicle accidents. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 550, Transportation Code, 1-6 is amended by adding Section 550.0651 to read as follows: 1-7 Sec. 550.0651. RELEASE OF OTHER INFORMATION RELATING TO 1-8 ACCIDENTS. (a) This section applies to information that is held 1-9 by the department or another governmental entity and that relates 1-10 to a motor vehicle accident, including: 1-11 (1) information reported under this chapter, Section 1-12 601.004, or Chapter 772, Health and Safety Code; 1-13 (2) information contained in a dispatch log, towing 1-14 record, or a record of a 9-1-1 service provider; and 1-15 (3) the part of any other record that includes 1-16 information about the date of the accident, the name of any person 1-17 involved in the accident, or the specific location of the accident. 1-18 (b) Except as provided by Subsection (c), the information is 1-19 privileged and for the confidential use of: 1-20 (1) the department; and 1-21 (2) an agency of the United States, this state, or a 1-22 local government of this state that has use for the information for 1-23 accident prevention purposes. 1-24 (c) On written request and payment of any required fee, the 2-1 department or other governmental entity shall release the 2-2 information to: 2-3 (1) an entity described by Subsection (b)(1) or (2); 2-4 (2) the law enforcement agency that employs the peace 2-5 officer who investigated the accident and sent the report to the 2-6 department; 2-7 (3) the court in which a case involving a person 2-8 involved in the accident is pending, if the information is 2-9 subpoenaed; or 2-10 (4) a person who provides the department or 2-11 governmental entity with the name of any person involved in the 2-12 accident and with one or both of the following: 2-13 (A) the date of the accident; or 2-14 (B) the specific address or the highway or 2-15 street where the accident occurred. 2-16 (d) The department or other governmental entity shall 2-17 request information on a written form adopted by the department or 2-18 governmental entity to determine whether the person or entity 2-19 requesting the information is entitled to receive the information 2-20 under Subsection (c). 2-21 (e) If the requesting person or entity is entitled to the 2-22 information under Subsection (c), Subchapter F, Chapter 552, 2-23 Government Code, applies to: 2-24 (1) making available the information, if it exists in 2-25 a paper record; 2-26 (2) providing access to the information if it exists 2-27 in an electronic medium or an electronic form; and 3-1 (3) obtaining a copy of the information. 3-2 SECTION 2. The importance of this legislation and the 3-3 crowded condition of the calendars in both houses create an 3-4 emergency and an imperative public necessity that the 3-5 constitutional rule requiring bills to be read on three several 3-6 days in each house be suspended, and this rule is hereby suspended, 3-7 and that this Act take effect and be in force from and after its 3-8 passage, and it is so enacted.