S.B. No. 375
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 375 passed the Senate on
April 8, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 375 passed the House on
May 25, 2009, by the following vote: Yeas 141, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor