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.