| 1 | 1 | | 81R3401 JD-F |
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| 2 | 2 | | By: Smith of Tarrant H.B. No. 1747 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the release of motor vehicle accident report |
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| 8 | 8 | | information. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 550.065, Transportation Code, is amended |
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| 11 | 11 | | by amending Subsections (a), (b), and (d) and adding Subsections |
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| 12 | 12 | | (e) and (f) to read as follows: |
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| 13 | 13 | | (a) This section applies only to information that is held by |
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| 14 | 14 | | the department or another governmental entity and relates to a |
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| 15 | 15 | | motor vehicle accident reported under this chapter or Section |
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| 16 | 16 | | 601.004, including accident report information compiled under |
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| 17 | 17 | | Section 201.805, as added by Chapter 1407, Acts of the 80th |
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| 18 | 18 | | Legislature, Regular Session, 2007. |
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| 19 | 19 | | (b) Except as provided by Subsection (c) or (e), the |
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| 20 | 20 | | information is privileged and for the confidential use of: |
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| 21 | 21 | | (1) the department; and |
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| 22 | 22 | | (2) an agency of the United States, this state, or a |
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| 23 | 23 | | local government of this state that has use for the information for |
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| 24 | 24 | | accident prevention purposes. |
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| 25 | 25 | | (d) The fee for a copy of the report or accident information |
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| 26 | 26 | | is $6 [or the actual cost of the preparation of the copy, whichever |
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| 27 | 27 | | is less]. The copy may be certified by the department or the |
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| 28 | 28 | | governmental entity for an additional fee of $2. The department or |
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| 29 | 29 | | the governmental entity may issue a certification that no report or |
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| 30 | 30 | | information is on file for a fee of $6. |
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| 31 | 31 | | (e) In addition to the information required to be released |
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| 32 | 32 | | under Subsection (c), the department may release aggregated or |
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| 33 | 33 | | statistical information relating to motor vehicle accidents that |
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| 34 | 34 | | the department compiles under Section 201.805, as added by Chapter |
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| 35 | 35 | | 1407, Acts of the 80th Legislature, Regular Session, 2007. The |
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| 36 | 36 | | department may not release under this subsection information that: |
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| 37 | 37 | | (1) is personal information, as defined by Section |
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| 38 | 38 | | 730.003; or |
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| 39 | 39 | | (2) identifies a specific accident. |
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| 40 | 40 | | (f) The fee for information provided under Subsection (e) is |
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| 41 | 41 | | the actual cost of preparing the information. |
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| 42 | 42 | | SECTION 2. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2009. |
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