|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the release of certain motor vehicle accident report |
|
information. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 550.065, Transportation Code, is amended |
|
by amending Subsections (a), (b), and (d) and adding Subsections |
|
(e), (f), and (g) to read as follows: |
|
(a) This section applies only to information that is held by |
|
the department or another governmental entity and relates to a |
|
motor vehicle accident reported under this chapter or Section |
|
601.004, including accident report information compiled under |
|
Section 201.805, as added by Chapter 1407 (S.B. 766), Acts of the |
|
80th Legislature, Regular Session, 2007. |
|
(b) Except as provided by Subsection (c) or (e), the |
|
information is privileged and for the confidential use of: |
|
(1) the department; and |
|
(2) an agency of the United States, this state, or a |
|
local government of this state that has use for the information for |
|
accident prevention purposes. |
|
(d) The fee for a copy of the accident report [or accident
|
|
information] is $6 [or the actual cost of the preparation of the
|
|
copy, whichever is less]. The copy may be certified by the |
|
department or the governmental entity for an additional fee of $2. |
|
The department or the governmental entity may issue a certification |
|
that no report or information is on file for a fee of $6. |
|
(e) In addition to the information required to be released |
|
under Subsection (c), the department may release: |
|
(1) information relating to motor vehicle accidents |
|
that the department compiles under Section 201.805, as added by |
|
Chapter 1407 (S.B. 766), Acts of the 80th Legislature, Regular |
|
Session, 2007; or |
|
(2) a vehicle identification number and specific |
|
accident information relating to that vehicle. |
|
(f) The department: |
|
(1) may not release under Subsection (e) information |
|
that: |
|
(A) is personal information, as defined by |
|
Section 730.003; or |
|
(B) would allow a person to satisfy the |
|
requirements of Subsection (c)(4) for the release of information |
|
for a specific motor vehicle accident; and |
|
(2) shall withhold or redact the following items of |
|
information: |
|
(A) the first, middle, and last name of any |
|
person listed in an accident report, including a vehicle driver, |
|
occupant, owner, or lessee, a bicyclist, a pedestrian, or a |
|
property owner; |
|
(B) the number of any driver's license, |
|
commercial driver's license, or personal identification |
|
certificate issued to any person listed in an accident report; |
|
(C) the date of birth, other than the year, of any |
|
person listed in an accident report; |
|
(D) the address, other than zip code, and |
|
telephone number of any person listed in an accident report; |
|
(E) the license plate number of any vehicle |
|
listed in an accident report; |
|
(F) the date of any accident, other than the |
|
year; |
|
(G) the name of any insurance company listed as a |
|
provider of financial responsibility for a vehicle listed in an |
|
accident report; |
|
(H) the number of any insurance policy issued by |
|
an insurance company listed as a provider of financial |
|
responsibility; |
|
(I) the date the peace officer who investigated |
|
the accident was notified of the accident; |
|
(J) the date the investigating peace officer |
|
arrived at the accident site; |
|
(K) the date the investigating officer's report |
|
was prepared; |
|
(L) the badge number or identification number of |
|
the investigating officer; |
|
(M) the date on which any person who died as a |
|
result of the accident died; |
|
(N) the date of any commercial motor vehicle |
|
report; and |
|
(O) the place where any person injured or killed |
|
in an accident was taken and the person or entity that provided the |
|
transportation. |
|
(g) The amount that may be charged for information provided |
|
under Subsection (e) shall be calculated in the manner specified by |
|
Chapter 552, Government Code, for public information provided by a |
|
governmental body under that chapter. |
|
SECTION 2. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |