HBA-DMD H.B. 2948 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2948
By: Goodman
Public Safety
4/14/1999
Introduced


BACKGROUND & PURPOSE 

Currently, under Section 550.065(b), Transportation Code, information held
by certain governmental entities regarding a motor vehicle accident is
privileged and for the confidential use of certain authorities. Current law
prohibits the dissemination of personal information electronically,
resulting in a prohibition against the publication of accident reports by
the press in their electronic editions.  

H.B. 2948 authorizes the release of certain personal motor vehicle accident
information and provides a penalty for using that information to solicit
business from accident victims without certain conditions being met. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 550.065, Transportation Code, to provide that
information related to a motor vehicle accident is available to the public,
rather than providing that the information is privileged and for the
confidential use of certain governmental agencies, with an exception.
Prohibits the Department of Public Safety (department) or other
governmental entity from disclosing information related to motor vehicle
accidents to any person unless the person affirms on the appropriate form
that the information will not be used for the direct solicitation of
business or employment for pecuniary gain by certain persons. Requires the
department or governmental entity to provide a copy of the motor vehicle
accident information, upon written request and payment of any required fee.
Deletes a list of entities to whom the department or governmental entity is
required to release motor vehicle accident information. Deletes a provision
regarding the department or governmental entity's entitlement to receive
information.  Redesignates Subsection (c) to Subsection (d). Makes a
conforming change. 

SECTION 2.  Amends Section 550.067(b), Transportation Code, to make a
conforming change. 

SECTION 3.  Amends Sections 730.003(4) and (6), Transportation Code, to
redefine "motor vehicle record" and "personal information." 

SECTION 4.  Amends Section 730.008(a), Transportation Code, to authorize
the disclosure of personal motor vehicle accident information from the
state agency or state agent or contractor (agency), rather than the
department, to a person requesting the information. Makes a conforming
change. 

SECTION 5.  Amends Chapter 38, Penal Code, by adding Section 38.17, as
follows: 

Sec.  38.17. USE OF ACCIDENT REPORT INFORMATION FOR PECUNIARY GAIN. Sets
forth that this section applies only to information described by Section
550.065(a) (Release of Accident Reports and Certain Information Relating to
Accidents), Transportation Code. Specifies the situations under which a
person commits an offense.  Creates an offense for a person who obtains
information, or engages another to obtain information from the department
or another governmental entity and subsequently uses the information for
direct  solicitation for pecuniary gain.  Provides that the offense is a
Class B misdemeanor 

SECTION 6.Repealer:  Chapter 731 (Disclosure of Personal Information from
Motor Vehicle Records), Transportation Code. 

SECTION 7. Effective date:  September 1, 1999.
Makes application of SECTION 6 of this Act prospective to a civil action
brought under Section 731.005 (Civil Cause of Action), Transportation Code. 

SECTION 8. Emergency clause.