By: Hernandez H.B. No. 2633

A BILL TO BE ENTITLED

AN ACT

relating to the release of information regarding motor vehicle accidents.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 550.065(c), Transportation Code, is amended to read as follows:

(c) On written request and payment of any required fee, the department or the governmental entity shall release the information to:

(1) an entity described by Subsection (b);

(2) the law enforcement agency that employs the peace officer who investigated the accident and sent the information to the department;

(3) the court in which a case involving a person involved in the accident is pending if the report is subpoenaed; or

(4) [a] any person directly concerned in the traffic accident or having a proper interest therein, including: [who provides the department or governmental entity with two or more of the following:

(A) the date of the accident;

(B) the specific address or the highway or street where the accident occurred; or

(C) the name of any person involved in the accident.]

(A) the driver or drivers involved in the traffic accident;

(B) the employer, parent, or legal guardian of the driver or drivers involved in the traffic accident;

(C) the authorized representative of any person involved in the traffic accident;

(D) any person involved in the traffic accident; and

(E) the owners of the vehicles or property damaged in the traffic accident.

SECTION 2. Section 550.065, Transportation Code, is amended by adding a new subsection (h) to read as follows:

(h) For purposes of subsection (c)(4), any person who may sue because of death resulting from any such traffic accident shall be deemed a person directly concerned in the traffic accident.

SECTION 3. Subchapter A, Chapter 552, Government Code, is amended by adding a new Section 552.0040 to read as follows:

SECTION 552.0040. POLICE DISPATCH REPORTS RELATED TO MOTOR VEHICLE ACCIDENTS. (a) Except as provided by subsection (b), information contained in police dispatch reports concerning motor vehicle accidents is confidential and not considered public information.

(b) Information contained in a police dispatch report concerning a motor vehicle accident is public information for the following persons:

(1) the Department of Public Safety;

(2) an agency of the United States, this state, or a local government of this state that has use for the information for motor vehicle accident prevention purposes;

(3) the law enforcement agency that employs the peace officer who investigated the motor vehicle accident and sent the motor vehicle accident report required by Chapter 550, Transportation Code, to the Department of Public Safety;

(4) the court in which a case involving a person involved in the motor vehicle accident is pending if the report is subpoenaed; and

(5) any person directly concerned in the motor vehicle traffic accident or having a proper interest therein, including:

(A) the driver or drivers involved in the traffic accident;

(B) the employer, parent, or legal guardian of the driver or drivers involved in the traffic accident;

(C) the authorized representative of any person involved in the traffic accident;

(D) any person involved in the traffic accident;

(E) the owners of the vehicles or property damaged in the traffic accident; and

(F) any person who may sue because of death resulting from the motor vehicle traffic accident.

SECTION 4. 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, 2015.