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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of a motor vehicle accident report; |
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amending a provision subject to a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 550.065, Transportation Code, is amended |
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by amending Subsections (b), (c), and (d) and adding Subsection |
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(c-1) to read as follows: |
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(b) Except as provided by Subsection (c), (c-1), or (e), the |
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information is privileged and for the confidential use of: |
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(1) the department; and |
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(2) an agency of the United States, this state, or a |
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local government of this state that has use for the information for |
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accident prevention purposes. |
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(c) On written request and payment of any required fee, the |
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department or the governmental entity shall release the information |
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to: |
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(1) an entity described by Subsection (b); |
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(2) the law enforcement agency that employs the peace |
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officer who investigated the accident and sent the information to |
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the department; |
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(3) the court in which a case involving a person |
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involved in the accident is pending if the report is subpoenaed; or |
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(4) any [a] person directly concerned in the accident |
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or having a proper interest therein, including [who provides the
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department or governmental entity with two or more of the
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following]: |
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(A) any person involved in [the date of] the |
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accident; |
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(B) the authorized representative of any person |
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[the specific address or the highway or street where the accident
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occurred; or
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[(C) the name of any person] involved in the |
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accident; |
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(C) a driver involved in the accident; |
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(D) an employer, parent, or legal guardian of a |
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driver involved in the accident; |
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(E) the owner of a vehicle or property damaged in |
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the accident; |
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(F) a person who has established financial |
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responsibility for a vehicle involved in the accident in a manner |
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described by Section 601.051, including a policyholder of a motor |
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vehicle liability insurance policy covering the vehicle; |
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(G) an insurance company that issued a motor |
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vehicle liability insurance policy covering a vehicle involved in |
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the accident; or |
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(H) any person who may sue because of death |
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resulting from the accident. |
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(c-1) On receiving information to which this section |
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applies, the department or the governmental entity that receives |
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the information shall create a redacted accident report that may be |
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requested by any person. The redacted accident report may include |
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only: |
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(1) notwithstanding Subsection (f)(2)(F), the |
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location, date, and time of the accident; and |
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(2) the make and model of a vehicle involved in the |
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accident. |
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(d) The fee for a copy of the accident report, including a |
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redacted accident report, is $6. The copy may be certified by the |
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department or the governmental entity for an additional fee of |
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$2. The department or the governmental entity may issue a |
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certification that no report or information is on file for a fee of |
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$6. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |