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.