By: Moncrief, Wentworth, Shapiro S.B. No. 1035
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the release of motor vehicle accident reports and the
1-2 disclosure of certain personal information from motor vehicle
1-3 records; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (b), Section 552.130, Government Code,
1-6 is amended to read as follows:
1-7 (b) [Information described by] Subsection (a) does not apply
1-8 to an agency, as defined by Section 730.003 [may be released only
1-9 if, and in the manner, authorized by Chapter 730], Transportation
1-10 Code.
1-11 SECTION 2. Section 550.065, Transportation Code, is amended
1-12 to read as follows:
1-13 Sec. 550.065. RELEASE OF [ACCIDENT REPORTS AND] CERTAIN
1-14 INFORMATION RELATING TO ACCIDENTS. (a) This section applies only
1-15 to information that is held by the department or another
1-16 governmental entity and relates to a motor vehicle accident,
1-17 including:
1-18 (1) information reported under this chapter or[,]
1-19 Section 601.004[, or Chapter 772, Health and Safety Code];
1-20 (2) information reported under Chapter 772, Health and
1-21 Safety Code, other than information that is confidential under that
1-22 chapter;
1-23 (3) information contained in a dispatch log, towing
1-24 record, or a record of a 9-1-1 service provider, other than
2-1 information that is confidential under Chapter 772, Health and
2-2 Safety Code; and
2-3 (4) [(3)] the part of any other record that includes
2-4 information relating to the date of the accident, the name of any
2-5 person involved in the accident, or the specific location of the
2-6 accident.
2-7 (b) Except as provided by Subsection (c), the information is
2-8 available to the public [privileged and for the confidential use
2-9 of:]
2-10 [(1) the department; and]
2-11 [(2) an agency of the United States, this state, or a
2-12 local government of this state that has use for the information for
2-13 accident prevention purposes].
2-14 (c) The department or other governmental entity may not
2-15 disclose information described by Subsection (a) to any person
2-16 unless the person affirms on the appropriate form approved by the
2-17 department that the information will not be used for the direct
2-18 solicitation of business or employment for pecuniary gain by:
2-19 (1) the person;
2-20 (2) an agent or employee of the person; or
2-21 (3) the person on whose behalf the information is
2-22 requested.
2-23 (d) On written request and payment of any required fee, the
2-24 department or the governmental entity shall provide a copy of
2-25 [release] the information [to:]
2-26 [(1) an entity described by Subsection (b);]
3-1 [(2) the law enforcement agency that employs the peace
3-2 officer who investigated the accident and sent the information to
3-3 the department;]
3-4 [(3) the court in which a case involving a person
3-5 involved in the accident is pending if the report is subpoenaed; or]
3-6 [(4) a person who provides the department or
3-7 governmental entity with the name of any person involved in the
3-8 accident and one or more of the following:]
3-9 [(A) the date of the accident; or]
3-10 [(B) the specific address or the highway or
3-11 street where the accident occurred].
3-12 (e) A request under Subsection (d) must be made [(d) The
3-13 department or governmental entity shall request information] on a
3-14 written form adopted by the department or the entity [to determine
3-15 whether the person or entity requesting the information is entitled
3-16 to receive the information under Subsection (c)].
3-17 (f) [(e)] The fee for a copy of the accident information
3-18 [peace officer's report] is $4 or the actual cost of the
3-19 preparation of the copy, whichever is greater. The copy may be
3-20 certified by the department or a law enforcement agency for an
3-21 additional fee of $2. The department may issue a certification
3-22 that no information [report] is on file for a fee of $4.
3-23 (g) [(f)] If the person or entity requesting the information
3-24 is entitled to receive the information under Subsection (c),
3-25 Subchapter F, Chapter 552, Government Code, applies in connection
3-26 with:
4-1 (1) making the information available to that person or
4-2 entity if the information exists in a paper record;
4-3 (2) providing that person or entity access to the
4-4 information if the information exists in an electronic medium or in
4-5 an electronic form; and
4-6 (3) providing a copy of the information to that person
4-7 or entity.
4-8 SECTION 3. Subsection (b), Section 550.067, Transportation
4-9 Code, is amended to read as follows:
4-10 (b) A report filed under Subsection (a) is [for the
4-11 confidential use of the municipal department and] subject to the
4-12 provisions of Section 550.065.
4-13 SECTION 4. Subdivisions (1), (4), and (6), Section 730.003,
4-14 Transportation Code, are amended to read as follows:
4-15 (1) "Agency" includes any agency of this state or a
4-16 local government of this state, or an authorized agent or
4-17 contractor of an agency of this state or a local government of this
4-18 state, that compiles or maintains motor vehicle records.
4-19 (4) "Motor vehicle record" means a record that
4-20 pertains to a motor vehicle operator's or driver's license or
4-21 permit, motor vehicle registration, motor vehicle title, or
4-22 identification document issued by an agency of this state or a
4-23 local agency authorized to issue an identification document. The
4-24 term does not include:
4-25 (A) a record that pertains to a motor carrier;
4-26 or
5-1 (B) an accident report prepared under Chapter
5-2 550 or 601.
5-3 (6) "Personal information" means information that
5-4 identifies a person, including an individual's photograph or
5-5 computerized image, social security number, driver identification
5-6 number, name, address, but not the zip code, telephone number, and
5-7 medical or disability information. The term does not include
5-8 information on vehicle accidents, driving or equipment-related
5-9 violations, [or] driver's license or registration status, or
5-10 information contained in an accident report prepared under Chapter
5-11 550 or 601.
5-12 SECTION 5. Subsection (a), Section 730.008, Transportation
5-13 Code, is amended to read as follows:
5-14 (a) Personal information obtained by an agency in connection
5-15 with a motor vehicle record that is contained in an individual
5-16 record may be disclosed to a requestor without regard to intended
5-17 use if the agency [Department of Public Safety] has:
5-18 (1) provided, in a clear and conspicuous manner on
5-19 forms for issuance or renewal of an operator's or driver's license,
5-20 registration, title, or identification document, notice that
5-21 personal information collected by the agency [Department of Public
5-22 Safety] may be disclosed to any person making a request for an
5-23 individual record; and
5-24 (2) provided in a clear and conspicuous manner on that
5-25 form an opportunity for each person who is the subject of the
5-26 record to prohibit that disclosure.
6-1 SECTION 6. Section 730.013, Transportation Code, is amended
6-2 by amending Subsection (d) and adding Subsection (e) to read as
6-3 follows:
6-4 (d) Any authorized recipient who resells or rediscloses
6-5 personal information obtained from an agency shall be required by
6-6 that agency to:
6-7 (1) maintain for a period of not less than five years
6-8 records as to any person or entity receiving that information and
6-9 the permitted use for which it was obtained; and
6-10 (2) make those records available at a location in this
6-11 state for inspection by the agency on request.
6-12 (e) A person who violates Subsection (a) or (c) commits a
6-13 Class A misdemeanor.
6-14 SECTION 7. Chapter 38, Penal Code, is amended by adding
6-15 Section 38.17 to read as follows:
6-16 Sec. 38.17. USE OF ACCIDENT REPORT INFORMATION FOR PECUNIARY
6-17 GAIN. (a) This section applies only to information described by
6-18 Section 550.065(a), Transportation Code.
6-19 (b) A person commits an offense if:
6-20 (1) the person obtains information described by
6-21 Subsection (a) from the Department of Public Safety of the State of
6-22 Texas or other governmental entity; and
6-23 (2) the information is subsequently used for the
6-24 direct solicitation of business or employment for pecuniary gain
6-25 by:
6-26 (A) the person;
7-1 (B) an agent or employee of the person; or
7-2 (C) the person on whose behalf the information
7-3 was requested.
7-4 (c) A person who employs or engages another to obtain
7-5 information described by Subsection (a) from the Department of
7-6 Public Safety of the State of Texas or other governmental entity
7-7 commits an offense if the person subsequently uses the information
7-8 for direct solicitation of business or employment for pecuniary
7-9 gain.
7-10 (d) An offense under this section is a Class B misdemeanor.
7-11 SECTION 8. Chapter 731, Transportation Code, is repealed.
7-12 SECTION 9. (a) This Act takes effect September 1, 1999.
7-13 (b) The repeal of Chapter 731, Transportation Code, by this
7-14 Act does not affect a civil action brought under Section 731.005 of
7-15 that code that was instituted before September 1, 1999, and the
7-16 former law is continued in effect for that purpose.
7-17 SECTION 10. The importance of this legislation and the
7-18 crowded condition of the calendars in both houses create an
7-19 emergency and an imperative public necessity that the
7-20 constitutional rule requiring bills to be read on three several
7-21 days in each house be suspended, and this rule is hereby suspended.