HBA-DMD S.B. 1035 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1035 By: Moncrief Public Safety 4/28/1999 Engrossed BACKGROUND & PURPOSE Under current law, information held by specified 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, which results in a prohibition against the publication of accident reports by the press in their electronic editions. S.B. 1035 authorizes the release of certain personal motor vehicle accident information. This bill provides that information related to a motor vehicle accident is available to the public. It prohibits the Department of Public Safety 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. This bill also provides a penalty for using such information to solicit business from accident victims. 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 552.130(b), Government Code, to provide that Subsection (a) does not apply to an agency, as defined by Section 730.003 (Definitions), Transportation Code. Deletes text authorizing information described by Subsection (a) to be released only if and in the manner, authorized by Chapter 730 (Motor Vehicle Records Disclosure Act), Transportation Code. Information in Subsection (a) relates to a motor vehicle operator's or driver's license or permit issued by an agency of this state, a motor vehicle title or registration issued by an agency of this state, or a personal identification document issued by an agency of this state or a local agency authorized to issue an identification document. SECTION 2. Amends Section 550.065, Transportation Code, as follows: Sec. 550.065. New Title: RELEASE OF CERTAIN INFORMATION RELATING TO ACCIDENTS. (a) Deletes information reported under Chapter 772 (Local Administration of Emergency Communications), Health and Safety Code, as information that is held by the Department of Public Safety (department) or another governmental entity and relates to a motor vehicle accident, as information to which this section applies. Provides that this section applies only to information that is held by the department or another governmental entity and relates to a motor vehicle accident, including information reported under Chapter 772, Health and Safety Code, other than information that is confidential under that chapter. Makes conforming changes. (b) Provides that information related to a motor vehicle accident is available to the public, rather than is privileged and for the confidential use of certain governmental agencies, except as provided by Subsection (c). (c) Prohibits the 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. (d) 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 specified motor vehicle accident information. Redesignated from Subsection (c). (e) Provides that a request under Subsection (d) must be made on a written form adopted by the department of the entity. Deletes a requirement relating to the department or governmental entity's determination of entitlement to receive information. (f) Provides that the fee for a copy of the accident information is $4 or the actual cost of the preparation of the copy, whichever is greater. Deletes text providing that the fee for a copy of the peace officer's report is $4. Redesignated from Subsection (e). Makes a conforming change. (g) Redesignated from Subsection (f). SECTION 3. Amends Section 550.067(b), Transportation Code, to provide that a report filed under Subsection (a) is subject to the provisions of Section 550.065. Deletes text providing that a report filed under Subsection (a) is for the confidential use of the municipal department and subject to the provisions of Section 550.065. SECTION 4. Amends Sections 730.003(1), (4) and (6), Transportation Code, to redefine "agency," "motor vehicle record" and "personal information." SECTION 5. Amends Section 730.008(a), Transportation Code, to authorize the disclosure of personal motor vehicle accident information by the state agency or state agent or contractor (agency), rather than the department, to a person requesting the information. Makes a conforming change. SECTION 6. Amends Section 730.013, Transportation Code, by amending Subsection (d) and adding Subsection (e), as follows: (d) Requires any authorized recipient who resells or rediscloses personal information obtained from an agency to be required by that agency to make those records available at a location in this state for inspection by the agency on request. (e) Sets forth that a person who violates Subsection (a) or (c) commits a Class A misdemeanor. Subsection (a) authorizes an authorized recipient of personal information, other than certain recipients, to resell or redisclose the information for certain uses. Subsection (c) authorizes an authorized recipient of personal information for bulk distribution for surveys, marketing, or solicitations to resell or redisclose personal information only in compliance with certain terms. SECTION 7. 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), Transportation Code. Specifies the situations under which a person commits an offense. Creates an offense for a person who employs or engages another to obtain specified information from the department or another governmental entity and subsequently uses the information for direct solicitation of business or employment for pecuniary gain. Provides that the offense is a Class B misdemeanor. SECTION 8.Repealer: Chapter 731 (Disclosure of Personal Information from Motor Vehicle Records), Transportation Code. SECTION 9. Effective date: September 1, 1999. Makes application of SECTION 8 of this Act prospective to a civil action brought under Section 731.005 (Civil Cause of Action), Transportation Code. SECTION 10. Emergency clause.