By Moncrief, et al. S.B. No. 1035
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.