84R22266 JRR-D
By: Hernandez, Rodriguez of Bexar, Clardy H.B. No. 2633
Substitute the following for H.B. No. 2633:
By: Hernandez C.S.H.B. No. 2633
A BILL TO BE ENTITLED
AN ACT
relating to the release of a motor vehicle accident report;
amending a provision subject to a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 550.065, Transportation Code, is amended
by amending Subsections (b), (c), and (d) and adding Subsection
(c-1) to read as follows:
(b) Except as provided by Subsection (c), (c-1), 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.
(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) any [a] person directly concerned in the accident
or having a proper interest therein, including [who provides the
department or governmental entity with two or more of the
following]:
(A) any person involved in [the date of] the
accident;
(B) the authorized representative of any person
[the specific address or the highway or street where the accident
occurred; or
[(C) the name of any person] involved in the
accident;
(C) a driver involved in the accident;
(D) an employer, parent, or legal guardian of a
driver involved in the accident;
(E) the owner of a vehicle or property damaged in
the accident;
(F) a person who has established financial
responsibility for a vehicle involved in the accident in a manner
described by Section 601.051, including a policyholder of a motor
vehicle liability insurance policy covering the vehicle;
(G) an insurance company that issued a motor
vehicle liability insurance policy covering a vehicle involved in
the accident; or
(H) any person who may sue because of death
resulting from the accident.
(c-1) On receiving information to which this section
applies, the department or the governmental entity that receives
the information shall create a redacted accident report that may be
requested by any person. The redacted accident report may include
only:
(1) notwithstanding Subsection (f)(2)(F), the
location, date, and time of the accident; and
(2) the make and model of a vehicle involved in the
accident.
(d) The fee for a copy of the accident report, including a
redacted accident report, is $6. 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.
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, 2015.