By Moncrief                                            S.B. No. 111
         77R1179 JD-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the release of certain information relating to motor
 1-3     vehicle accidents and the disclosure of certain personal
 1-4     information from motor vehicle records; providing penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.   Section 552.130(b), Government Code, is amended
 1-7     to read as follows:
 1-8           (b)  [Information described by] Subsection (a)  does not
 1-9     apply to information collected, assembled, or maintained by an
1-10     agency, as defined by Section 730.003 [may be released only if, and
1-11     in the manner, authorized by Chapter 730], Transportation Code.
1-12           SECTION 2.   Section 550.065, Transportation Code, is amended
1-13     to read as follows:
1-14           Sec. 550.065.  RELEASE OF [ACCIDENT REPORTS AND] CERTAIN
1-15     INFORMATION RELATING TO ACCIDENTS. (a)  This section applies only
1-16     to information that is held by the department or another
1-17     governmental entity and relates to a motor vehicle accident,
1-18     including:
1-19                 (1)  information reported under this chapter or[,]
1-20     Section 601.004[, or Chapter 772, Health and Safety Code];
1-21                 (2)  information reported under Chapter 772, Health and
1-22     Safety Code, other than information that is confidential under that
1-23     chapter;
1-24                 (3)  information contained in a dispatch log, towing
 2-1     record, or a record of a 9-1-1 service provider, other than
 2-2     information that is confidential under Chapter 772, Health and
 2-3     Safety Code; and
 2-4                 (4) [(3)] the part of any other record that includes
 2-5     information relating to the date of the accident, the name of any
 2-6     person involved in the accident, or the specific location of the
 2-7     accident.
 2-8           (b)  Except as provided by Subsection (c), the information is
 2-9     available to the public [privileged and for the confidential use
2-10     of:]
2-11                 [(1)  the department; and]
2-12                 [(2)  an agency of the United States, this state, or a
2-13     local government of this state that has use for the information for
2-14     accident prevention purposes].
2-15           (c)  The department or other governmental entity may not
2-16     disclose information described by Subsection (a)  to any person
2-17     unless the person affirms in a form approved by the department that
2-18     the information will not be used for the direct solicitation of
2-19     business or employment for pecuniary gain by:
2-20                 (1)  the person;
2-21                 (2)  an agent or employee of the person; or
2-22                 (3)  the person on whose behalf the information is
2-23     requested.
2-24           (d)  On written request and payment of any required fee, the
2-25     department or the governmental entity shall provide a copy of
2-26     [release] the information [to:]
2-27                 [(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 this section
3-25     [Subsection (c)], Subchapter F, Chapter 552, Government Code,
3-26     applies in connection with:
3-27                 (1)  making the information available to that person or
 4-1     entity if the information exists in a paper record;
 4-2                 (2)  providing that person or entity access to the
 4-3     information if the information exists in an electronic medium or in
 4-4     an electronic form; and
 4-5                 (3)  providing a copy of the information to that person
 4-6     or entity.
 4-7           SECTION 3.   Section 550.067(b), Transportation Code, is
 4-8     amended to read as follows:
 4-9           (b)  A report filed under Subsection (a)  is [for the
4-10     confidential use of the municipal department and] subject to [the
4-11     provisions of] Section 550.065.
4-12           SECTION 4.   Sections 730.003(1), (4), and (6),
4-13     Transportation Code, are amended to read as follows:
4-14                 (1)  "Agency" includes any agency or political
4-15     subdivision of this state, or an authorized agent or contractor of
4-16     an agency or political subdivision of this state, that compiles or
4-17     maintains motor vehicle records.
4-18                 (4)  "Motor vehicle record" means a record that
4-19     pertains to a motor vehicle operator's or driver's license or
4-20     permit, motor vehicle registration, motor vehicle title, or
4-21     identification document issued by an agency of this state or a
4-22     local agency authorized to issue an identification document.  The
4-23     term does not include:
4-24                       (A)  a record that pertains to a motor carrier;
4-25     or
4-26                       (B)  an accident report prepared under Chapter
4-27     550 or 601.
 5-1                 (6)  "Personal information" means information that
 5-2     identifies a person, including an individual's photograph or
 5-3     computerized image, social security number, driver identification
 5-4     number, name, address, but not the zip code, telephone number, and
 5-5     medical or disability information.  The term does not include
 5-6     information on vehicle accidents, driving or equipment-related
 5-7     violations, [or] driver's license or registration status, or
 5-8     information contained in an accident report prepared under Chapter
 5-9     550 or 601.
5-10           SECTION 5.   Section 730.008(a), Transportation Code, is
5-11     amended to read as follows:
5-12           (a)  Personal information obtained by an agency in connection
5-13     with a motor vehicle record that is contained in an individual
5-14     record may be disclosed to a requestor without regard to intended
5-15     use if the agency [Department of Public Safety] has:
5-16                 (1)  provided, in a clear and conspicuous manner on
5-17     forms for issuance or renewal of an operator's or driver's license,
5-18     registration, title, or identification document, notice that
5-19     personal information collected by the agency [Department of Public
5-20     Safety] may be disclosed to any person making a request for an
5-21     individual record; and
5-22                 (2)  provided in a clear and conspicuous manner on that
5-23     form an opportunity for each person who is the subject of the
5-24     record to prohibit that disclosure.
5-25           SECTION 6.   Section 730.013, Transportation Code, is amended
5-26     by amending Subsection (d) and adding Subsection (e) to read as
5-27     follows:
 6-1           (d)  Any authorized recipient who resells or rediscloses
 6-2     personal information obtained from an agency shall be required by
 6-3     that agency to:
 6-4                 (1)  maintain for a period of not less than five years
 6-5     records as to any person or entity receiving that information and
 6-6     the permitted use for which it was obtained; and
 6-7                 (2)  make those records available at a location in this
 6-8     state for inspection by the agency on request.
 6-9           (e)  A person commits an offense if the person violates
6-10     Subsection (a)  or (c). An offense under this subsection is a Class
6-11     A misdemeanor.
6-12           SECTION 7.   Chapter 38, Penal Code, is amended by adding
6-13     Section 38.18 to read as follows:
6-14           Sec. 38.18.  USE OF ACCIDENT REPORT INFORMATION FOR PECUNIARY
6-15     GAIN. (a)  This section applies only to information described by
6-16     Section 550.065(a), Transportation Code.
6-17           (b)  A person commits an offense if:
6-18                 (1)  the person obtains information described by
6-19     Subsection (a)  from the Department of Public Safety of the State
6-20     of Texas or other governmental entity; and
6-21                 (2)  the information is subsequently used for the
6-22     direct solicitation of business or employment for pecuniary gain
6-23     by:
6-24                       (A)  the person;
6-25                       (B)  an agent or employee of the person; or
6-26                       (C)  the person on whose behalf the information
6-27     was requested.
 7-1           (c)  A person who employs or engages another to obtain
 7-2     information described by Subsection (a)  from the Department of
 7-3     Public Safety of the State of Texas or other governmental entity
 7-4     commits an offense if the person subsequently uses the information
 7-5     for direct solicitation of business or employment for pecuniary
 7-6     gain.
 7-7           (d)  An offense under this section is a Class B misdemeanor.
 7-8           SECTION 8.   Chapter 731, Transportation Code, is repealed.
 7-9           SECTION 9.   (a)  This Act takes effect September 1, 2001.
7-10           (b)  The repeal of Chapter 731, Transportation Code, by this
7-11     Act does not affect a civil action brought under Section 731.005 of
7-12     that code that was instituted before September 1, 2001, and the
7-13     former law is continued in effect for that purpose.