1-1 By: Moncrief, Wentworth, Shapiro S.B. No. 1035
1-2 (In the Senate - Filed March 9, 1999; March 10, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 March 29, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; March 29, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1035 By: Cain
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the release of motor vehicle accident reports and the
1-11 disclosure of certain personal information from motor vehicle
1-12 records; providing penalties.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subsection (b), Section 552.130, Government Code,
1-15 is amended to read as follows:
1-16 (b) [Information described by] Subsection (a) does not apply
1-17 to an agency, as defined by Section 730.003 [may be released only
1-18 if, and in the manner, authorized by Chapter 730], Transportation
1-19 Code.
1-20 SECTION 2. Section 550.065, Transportation Code, is amended
1-21 to read as follows:
1-22 Sec. 550.065. RELEASE OF [ACCIDENT REPORTS AND] CERTAIN
1-23 INFORMATION RELATING TO ACCIDENTS. (a) This section applies only
1-24 to information that is held by the department or another
1-25 governmental entity and relates to a motor vehicle accident,
1-26 including:
1-27 (1) information reported under this chapter or[,]
1-28 Section 601.004[, or Chapter 772, Health and Safety Code];
1-29 (2) information reported under Chapter 772, Health and
1-30 Safety Code, other than information that is confidential under that
1-31 chapter;
1-32 (3) information contained in a dispatch log, towing
1-33 record, or a record of a 9-1-1 service provider, other than
1-34 information that is confidential under Chapter 772, Health and
1-35 Safety Code; and
1-36 (4) [(3)] the part of any other record that includes
1-37 information relating to the date of the accident, the name of any
1-38 person involved in the accident, or the specific location of the
1-39 accident.
1-40 (b) Except as provided by Subsection (c), the information is
1-41 available to the public [privileged and for the confidential use
1-42 of:]
1-43 [(1) the department; and]
1-44 [(2) an agency of the United States, this state, or a
1-45 local government of this state that has use for the information for
1-46 accident prevention purposes].
1-47 (c) The department or other governmental entity may not
1-48 disclose information described by Subsection (a) to any person
1-49 unless the person affirms on the appropriate form approved by the
1-50 department that the information will not be used for the direct
1-51 solicitation of business or employment for pecuniary gain by:
1-52 (1) the person;
1-53 (2) an agent or employee of the person; or
1-54 (3) the person on whose behalf the information is
1-55 requested.
1-56 (d) On written request and payment of any required fee, the
1-57 department or the governmental entity shall provide a copy of
1-58 [release] the information [to:]
1-59 [(1) an entity described by Subsection (b);]
1-60 [(2) the law enforcement agency that employs the peace
1-61 officer who investigated the accident and sent the information to
1-62 the department;]
1-63 [(3) the court in which a case involving a person
1-64 involved in the accident is pending if the report is subpoenaed; or]
2-1 [(4) a person who provides the department or
2-2 governmental entity with the name of any person involved in the
2-3 accident and one or more of the following:]
2-4 [(A) the date of the accident; or]
2-5 [(B) the specific address or the highway or
2-6 street where the accident occurred].
2-7 (e) A request under Subsection (d) must be made [(d) The
2-8 department or governmental entity shall request information] on a
2-9 written form adopted by the department or the entity [to determine
2-10 whether the person or entity requesting the information is entitled
2-11 to receive the information under Subsection (c)].
2-12 (f) [(e)] The fee for a copy of the accident information
2-13 [peace officer's report] is $4 or the actual cost of the
2-14 preparation of the copy, whichever is greater. The copy may be
2-15 certified by the department or a law enforcement agency for an
2-16 additional fee of $2. The department may issue a certification
2-17 that no information [report] is on file for a fee of $4.
2-18 (g) [(f)] If the person or entity requesting the information
2-19 is entitled to receive the information under Subsection (c),
2-20 Subchapter F, Chapter 552, Government Code, applies in connection
2-21 with:
2-22 (1) making the information available to that person or
2-23 entity if the information exists in a paper record;
2-24 (2) providing that person or entity access to the
2-25 information if the information exists in an electronic medium or in
2-26 an electronic form; and
2-27 (3) providing a copy of the information to that person
2-28 or entity.
2-29 SECTION 3. Subsection (b), Section 550.067, Transportation
2-30 Code, is amended to read as follows:
2-31 (b) A report filed under Subsection (a) is [for the
2-32 confidential use of the municipal department and] subject to the
2-33 provisions of Section 550.065.
2-34 SECTION 4. Subdivisions (1), (4), and (6), Section 730.003,
2-35 Transportation Code, are amended to read as follows:
2-36 (1) "Agency" includes any agency of this state or a
2-37 local government of this state, or an authorized agent or
2-38 contractor of an agency of this state or a local government of this
2-39 state, that compiles or maintains motor vehicle records.
2-40 (4) "Motor vehicle record" means a record that
2-41 pertains to a motor vehicle operator's or driver's license or
2-42 permit, motor vehicle registration, motor vehicle title, or
2-43 identification document issued by an agency of this state or a
2-44 local agency authorized to issue an identification document. The
2-45 term does not include:
2-46 (A) a record that pertains to a motor carrier;
2-47 or
2-48 (B) an accident report prepared under Chapter
2-49 550 or 601.
2-50 (6) "Personal information" means information that
2-51 identifies a person, including an individual's photograph or
2-52 computerized image, social security number, driver identification
2-53 number, name, address, but not the zip code, telephone number, and
2-54 medical or disability information. The term does not include
2-55 information on vehicle accidents, driving or equipment-related
2-56 violations, [or] driver's license or registration status, or
2-57 information contained in an accident report prepared under Chapter
2-58 550 or 601.
2-59 SECTION 5. Subsection (a), Section 730.008, Transportation
2-60 Code, is amended to read as follows:
2-61 (a) Personal information obtained by an agency in connection
2-62 with a motor vehicle record that is contained in an individual
2-63 record may be disclosed to a requestor without regard to intended
2-64 use if the agency [Department of Public Safety] has:
2-65 (1) provided, in a clear and conspicuous manner on
2-66 forms for issuance or renewal of an operator's or driver's license,
2-67 registration, title, or identification document, notice that
2-68 personal information collected by the agency [Department of Public
2-69 Safety] may be disclosed to any person making a request for an
3-1 individual record; and
3-2 (2) provided in a clear and conspicuous manner on that
3-3 form an opportunity for each person who is the subject of the
3-4 record to prohibit that disclosure.
3-5 SECTION 6. Section 730.013, Transportation Code, is amended
3-6 by amending Subsection (d) and adding Subsection (e) to read as
3-7 follows:
3-8 (d) Any authorized recipient who resells or rediscloses
3-9 personal information obtained from an agency shall be required by
3-10 that agency to:
3-11 (1) maintain for a period of not less than five years
3-12 records as to any person or entity receiving that information and
3-13 the permitted use for which it was obtained; and
3-14 (2) make those records available at a location in this
3-15 state for inspection by the agency on request.
3-16 (e) A person who violates Subsection (a) or (c) commits a
3-17 Class A misdemeanor.
3-18 SECTION 7. Chapter 38, Penal Code, is amended by adding
3-19 Section 38.17 to read as follows:
3-20 Sec. 38.17. USE OF ACCIDENT REPORT INFORMATION FOR PECUNIARY
3-21 GAIN. (a) This section applies only to information described by
3-22 Section 550.065(a), Transportation Code.
3-23 (b) A person commits an offense if:
3-24 (1) the person obtains information described by
3-25 Subsection (a) from the Department of Public Safety of the State of
3-26 Texas or other governmental entity; and
3-27 (2) the information is subsequently used for the
3-28 direct solicitation of business or employment for pecuniary gain
3-29 by:
3-30 (A) the person;
3-31 (B) an agent or employee of the person; or
3-32 (C) the person on whose behalf the information
3-33 was requested.
3-34 (c) A person who employs or engages another to obtain
3-35 information described by Subsection (a) from the Department of
3-36 Public Safety of the State of Texas or other governmental entity
3-37 commits an offense if the person subsequently uses the information
3-38 for direct solicitation of business or employment for pecuniary
3-39 gain.
3-40 (d) An offense under this section is a Class B misdemeanor.
3-41 SECTION 8. Chapter 731, Transportation Code, is repealed.
3-42 SECTION 9. (a) This Act takes effect September 1, 1999.
3-43 (b) The repeal of Chapter 731, Transportation Code, by this
3-44 Act does not affect a civil action brought under Section 731.005 of
3-45 that code that was instituted before September 1, 1999, and the
3-46 former law is continued in effect for that purpose.
3-47 SECTION 10. The importance of this legislation and the
3-48 crowded condition of the calendars in both houses create an
3-49 emergency and an imperative public necessity that the
3-50 constitutional rule requiring bills to be read on three several
3-51 days in each house be suspended, and this rule is hereby suspended.
3-52 * * * * *