75R11695 JRD-F                           

         By Goodman, et al.                                     H.B. No. 399

         Substitute the following for H.B. No. 399:

         By Oakley                                          C.S.H.B. No. 399

                                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.