Texas 2009 - 81st Regular

Texas Senate Bill SB375 Compare Versions

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1	1	S.B. No. 375
2	2
3	3
4	4	AN ACT
5	5	relating to the release of certain motor vehicle accident report
6	6	information.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 550.065, Transportation Code, is amended
9	9	by amending Subsections (a), (b), and (d) and adding Subsections
10	10	(e), (f), and (g) to read as follows:
11	11	(a) This section applies only to information that is held by
12	12	the department or another governmental entity and relates to a
13	13	motor vehicle accident reported under this chapter or Section
14	14	601.004, including accident report information compiled under
15	15	Section 201.805, as added by Chapter 1407 (S.B. 766), Acts of the
16	16	80th Legislature, Regular Session, 2007.
17	17	(b) Except as provided by Subsection (c) or (e), the
18	18	information is privileged and for the confidential use of:
19	19	(1) the department; and
20	20	(2) an agency of the United States, this state, or a
21	21	local government of this state that has use for the information for
22	22	accident prevention purposes.
23	23	(d) The fee for a copy of the accident report [or accident
24	24	information] is $6 [or the actual cost of the preparation of the
25	25	copy, whichever is less]. The copy may be certified by the
26	26	department or the governmental entity for an additional fee of $2.
27	27	The department or the governmental entity may issue a certification
28	28	that no report or information is on file for a fee of $6.
29	29	(e) In addition to the information required to be released
30	30	under Subsection (c), the department may release:
31	31	(1) information relating to motor vehicle accidents
32	32	that the department compiles under Section 201.805, as added by
33	33	Chapter 1407 (S.B. 766), Acts of the 80th Legislature, Regular
34	34	Session, 2007; or
35	35	(2) a vehicle identification number and specific
36	36	accident information relating to that vehicle.
37	37	(f) The department:
38	38	(1) may not release under Subsection (e) information
39	39	that:
40	40	(A) is personal information, as defined by
41	41	Section 730.003; or
42	42	(B) would allow a person to satisfy the
43	43	requirements of Subsection (c)(4) for the release of information
44	44	for a specific motor vehicle accident; and
45	45	(2) shall withhold or redact the following items of
46	46	information:
47	47	(A) the first, middle, and last name of any
48	48	person listed in an accident report, including a vehicle driver,
49	49	occupant, owner, or lessee, a bicyclist, a pedestrian, or a
50	50	property owner;
51	51	(B) the number of any driver's license,
52	52	commercial driver's license, or personal identification
53	53	certificate issued to any person listed in an accident report;
54	54	(C) the date of birth, other than the year, of any
55	55	person listed in an accident report;
56	56	(D) the address, other than zip code, and
57	57	telephone number of any person listed in an accident report;
58	58	(E) the license plate number of any vehicle
59	59	listed in an accident report;
60	60	(F) the date of any accident, other than the
61	61	year;
62	62	(G) the name of any insurance company listed as a
63	63	provider of financial responsibility for a vehicle listed in an
64	64	accident report;
65	65	(H) the number of any insurance policy issued by
66	66	an insurance company listed as a provider of financial
67	67	responsibility;
68	68	(I) the date the peace officer who investigated
69	69	the accident was notified of the accident;
70	70	(J) the date the investigating peace officer
71	71	arrived at the accident site;
72	72	(K) the date the investigating officer's report
73	73	was prepared;
74	74	(L) the badge number or identification number of
75	75	the investigating officer;
76	76	(M) the date on which any person who died as a
77	77	result of the accident died;
78	78	(N) the date of any commercial motor vehicle
79	79	report; and
80	80	(O) the place where any person injured or killed
81	81	in an accident was taken and the person or entity that provided the
82	82	transportation.
83	83	(g) The amount that may be charged for information provided
84	84	under Subsection (e) shall be calculated in the manner specified by
85	85	Chapter 552, Government Code, for public information provided by a
86	86	governmental body under that chapter.
87	87	SECTION 2. This Act takes effect immediately if it receives
88	88	a vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2009.
92	92	______________________________ ______________________________
93	93	President of the Senate Speaker of the House
94	94	I hereby certify that S.B. No. 375 passed the Senate on
95	95	April 8, 2009, by the following vote: Yeas 31, Nays 0.
96	96	______________________________
97	97	Secretary of the Senate
98	98	I hereby certify that S.B. No. 375 passed the House on
99	99	May 25, 2009, by the following vote: Yeas 141, Nays 0, one
100	100	present not voting.
101	101	______________________________
102	102	Chief Clerk of the House
103	103	Approved:
104	104	______________________________
105	105	Date
106	106	______________________________
107	107	Governor