By Goodman                                            H.B. No. 2948
         76R5114 JD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the release of motor vehicle accident reports and the
 1-3     disclosure of certain personal information from motor vehicle
 1-4     records; providing a penalty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.   Section 550.065, Transportation Code, is amended
 1-7     to read as follows:
 1-8           Sec. 550.065.  RELEASE OF ACCIDENT REPORTS AND CERTAIN
 1-9     INFORMATION RELATING TO ACCIDENTS.  (a)  This section applies only
1-10     to information that is held by the department or another
1-11     governmental entity and relates to a motor vehicle accident,
1-12     including:
1-13                 (1)  information reported under this chapter, Section
1-14     601.004, or Chapter 772, Health and Safety Code;
1-15                 (2)  information contained in a dispatch log, towing
1-16     record, or a record of a 9-1-1 service provider; and
1-17                 (3)  the part of any other record that includes
1-18     information relating to the date of the accident, the name of any
1-19     person involved in the accident, or the specific location of the
1-20     accident.
1-21           (b)  Except as provided by Subsection (c), the information is
1-22     available to the public [privileged and for the confidential use
1-23     of:]
1-24                 [(1)  the department; and]
 2-1                 [(2)  an agency of the United States, this state, or a
 2-2     local government of this state that has use for the information for
 2-3     accident prevention purposes].
 2-4           (c)  The department or other governmental entity may not
 2-5     disclose information described by Subsection (a)  to any person
 2-6     unless the person affirms on the appropriate form approved by the
 2-7     department that the information will not be used for the direct
 2-8     solicitation of business or employment for pecuniary gain by:
 2-9                 (1)  the person;
2-10                 (2)  an agent or employee of the person; or
2-11                 (3)  the person on whose behalf the information is
2-12     requested.
2-13           (d)  On written request and payment of any required fee, the
2-14     department or the governmental entity shall provide a copy of
2-15     [release] the information [to:]
2-16                 [(1)  an entity described by Subsection (b);]
2-17                 [(2)  the law enforcement agency that employs the peace
2-18     officer who investigated the accident and sent the information to
2-19     the department;]
2-20                 [(3)  the court in which a case involving a person
2-21     involved in the accident is pending if the report is subpoenaed; or]
2-22                 [(4)  a person who provides the department or
2-23     governmental entity with the name of any person involved in the
2-24     accident and one or more of the following:]
2-25                       [(A)  the date of the accident; or]
2-26                       [(B)  the specific address or the highway or
2-27     street where the accident occurred].
 3-1           [(d)  The department or governmental entity shall request
 3-2     information on a written form adopted by the department or the
 3-3     entity to determine whether the person or entity requesting the
 3-4     information is entitled to receive the information under Subsection
 3-5     (c).]
 3-6           (e)  The fee for a copy of the peace officer's report is $4.
 3-7     The copy may be certified by the department or a law enforcement
 3-8     agency for an additional fee of $2. The department may issue a
 3-9     certification that no report is on file for a fee of $4.
3-10           (f)  If the person or entity requesting the information is
3-11     entitled to receive the information under Subsection (c),
3-12     Subchapter F, Chapter 552, Government Code, applies in connection
3-13     with:
3-14                 (1)  making the information available to that person or
3-15     entity if the information exists in a paper record;
3-16                 (2)  providing that person or entity access to the
3-17     information if the information exists in an electronic medium or in
3-18     an electronic form; and
3-19                 (3)  providing a copy of the information to that person
3-20     or entity.
3-21           SECTION 2.  Section 550.067(b), Transportation Code, is
3-22     amended to read as follows:
3-23           (b)  A report filed under Subsection (a) is [for the
3-24     confidential use of the municipal department and] subject to the
3-25     provisions of Section 550.065.
3-26           SECTION 3.  Sections 730.003(4) and (6), Transportation Code,
3-27     are amended to read as follows:
 4-1                 (4)  "Motor vehicle record" means a record that
 4-2     pertains to a motor vehicle operator's or driver's license or
 4-3     permit, motor vehicle registration, motor vehicle title, or
 4-4     identification document issued by an agency of this state or a
 4-5     local agency authorized to issue an identification document.  The
 4-6     term does not include:
 4-7                       (A)  a record that pertains to a motor carrier;
 4-8     or
 4-9                       (B)  an accident report prepared under Chapter
4-10     550 or 601.
4-11                 (6)  "Personal information" means information that
4-12     identifies a person, including an individual's photograph or
4-13     computerized image, social security number, driver identification
4-14     number, name, address, but not the zip code, telephone number, and
4-15     medical or disability information.  The term does not include
4-16     information on vehicle accidents, driving or equipment-related
4-17     violations, [or] driver's license or registration status, or
4-18     information contained in an  accident report prepared under Chapter
4-19     550 or 601.
4-20           SECTION 4.  Section 730.008(a), Transportation Code, is
4-21     amended to read as follows:
4-22           (a)  Personal information obtained by an agency in connection
4-23     with a motor vehicle record that is contained in an individual
4-24     record may be disclosed to a requestor without regard to intended
4-25     use if the agency [Department of Public Safety] has:
4-26                 (1)  provided, in a clear and conspicuous manner on
4-27     forms for issuance or renewal of an operator's or driver's license,
 5-1     registration, title, or identification document, notice that
 5-2     personal information collected by the agency [Department of Public
 5-3     Safety] may be disclosed to any person making a request for an
 5-4     individual record; and
 5-5                 (2)  provided in a clear and conspicuous manner on that
 5-6     form an opportunity for each person who is the subject of the
 5-7     record to prohibit that disclosure.
 5-8           SECTION 5.  Chapter 38, Penal Code, is amended by adding
 5-9     Section 38.17 to read as follows:
5-10           Sec. 38.17.  USE OF ACCIDENT REPORT INFORMATION FOR PECUNIARY
5-11     GAIN.  (a)  This section applies only to information described by
5-12     Section 550.065(a), Transportation Code.
5-13           (b)  A person commits an offense if:
5-14                 (1)  the person obtains information described by
5-15     Subsection (a) from the Texas Department of Public Safety or other
5-16     governmental entity; and
5-17                 (2)  the information is subsequently used for the
5-18     direct solicitation of business or employment for pecuniary gain
5-19     by:
5-20                       (A)  the person;
5-21                       (B)  an agent or employee of the person; or
5-22                       (C)  the person on whose behalf the information
5-23     was requested.
5-24           (c)  A person who employs or engages another to obtain
5-25     information described by Subsection (a) from the Texas Department
5-26     of Public Safety or other governmental entity commits an offense if
5-27     the person subsequently uses the information for direct
 6-1     solicitation of business or employment for pecuniary gain.
 6-2           (d)  An offense under this section is a Class B misdemeanor.
 6-3           SECTION 6.  Chapter 731, Transportation Code, is repealed.
 6-4           SECTION 7.  (a)  This Act takes effect September 1, 1999.
 6-5           (b)  The repeal of Chapter 731, Transportation Code, by this
 6-6     Act does not affect a civil action brought under Section 731.005 of
 6-7     that code that was instituted before September 1, 1999, and the
 6-8     former law is continued in effect for that purpose.
 6-9           SECTION 8.  The importance of this legislation and the
6-10     crowded condition of the calendars in both houses create an
6-11     emergency and an imperative public necessity that the
6-12     constitutional rule requiring bills to be read on three several
6-13     days in each house be suspended, and this rule is hereby suspended.