1-1 By: Goodman, et al. (Senate Sponsor - Ratliff) H.B. No. 399 1-2 (In the Senate - Received from the House May 14, 1997; 1-3 May 15, 1997, read first time and referred to Committee on State 1-4 Affairs; May 18, 1997, reported favorably by the following vote: 1-5 Yeas 12, Nays 0; May 18, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the availability of governmental information about 1-9 motor vehicle accidents. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter D, Chapter 550, Transportation Code, 1-12 is amended by adding Section 550.0651 to read as follows: 1-13 Sec. 550.0651. RELEASE OF OTHER INFORMATION RELATING TO 1-14 ACCIDENTS. (a) This section applies to information that is held 1-15 by the department or another governmental entity and that relates 1-16 to a motor vehicle accident, including: 1-17 (1) information reported under this chapter, Section 1-18 601.004, or Chapter 772, Health and Safety Code; 1-19 (2) information contained in a dispatch log, towing 1-20 record, or a record of a 9-1-1 service provider; and 1-21 (3) the part of any other record that includes 1-22 information about the date of the accident, the name of any person 1-23 involved in the accident, or the specific location of the accident. 1-24 (b) Except as provided by Subsection (c), the information is 1-25 privileged and for the confidential use of: 1-26 (1) the department; and 1-27 (2) an agency of the United States, this state, or a 1-28 local government of this state that has use for the information for 1-29 accident prevention purposes. 1-30 (c) On written request and payment of any required fee, the 1-31 department or other governmental entity shall release the 1-32 information to: 1-33 (1) an entity described by Subsection (b)(1) or (2); 1-34 (2) the law enforcement agency that employs the peace 1-35 officer who investigated the accident and sent the report to the 1-36 department; 1-37 (3) the court in which a case involving a person 1-38 involved in the accident is pending, if the information is 1-39 subpoenaed; or 1-40 (4) a person who provides the department or 1-41 governmental entity with the name of any person involved in the 1-42 accident and with one or both of the following: 1-43 (A) the date of the accident; or 1-44 (B) the specific address or the highway or 1-45 street where the accident occurred. 1-46 (d) The department or other governmental entity shall 1-47 request information on a written form adopted by the department or 1-48 governmental entity to determine whether the person or entity 1-49 requesting the information is entitled to receive the information 1-50 under Subsection (c). 1-51 (e) If the requesting person or entity is entitled to the 1-52 information under Subsection (c), Subchapter F, Chapter 552, 1-53 Government Code, applies to: 1-54 (1) making available the information, if it exists in 1-55 a paper record; 1-56 (2) providing access to the information if it exists 1-57 in an electronic medium or an electronic form; and 1-58 (3) obtaining a copy of the information. 1-59 SECTION 2. The importance of this legislation and the 1-60 crowded condition of the calendars in both houses create an 1-61 emergency and an imperative public necessity that the 1-62 constitutional rule requiring bills to be read on three several 1-63 days in each house be suspended, and this rule is hereby suspended, 1-64 and that this Act take effect and be in force from and after its 2-1 passage, and it is so enacted. 2-2 * * * * *