By: Hernandez, Rodriguez of Bexar, Clardy, H.B. No. 2633
Murr
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 (f) 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, including an agent of the law enforcement agency
authorized by contract to obtain the information;
(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;
(H) an insurance company that issued a policy
covering either the driver or any passenger of a vehicle involved in
the accident;
(I) a person under contract to provide claims or
underwriting information to a person described by Paragraph (F),
(G), or (H);
(J) a radio or television station that holds a
license issued by the Federal Communications Commission;
(K) a newspaper that is:
(i) a free newspaper of general circulation
or qualified under Section 2051.044, Government Code, to publish
legal notices;
(ii) published at least once a week; and
(iii) available and of interest to the
general public in connection with the dissemination of news; or
(L) 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 not
include the items of information described by Subsection (f)(2). A
report released under this subsection is not considered personal
information under Section 730.003.
(f) The department:
(1) may not release under Subsection (c-1) or (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;
(G) [(H)] the number of any insurance policy
issued by an insurance company listed as a provider of financial
responsibility;
(H) [(I)] the date the peace officer who
investigated the accident was notified of the accident;
(I) [(J)] the date the investigating peace
officer arrived at the accident site;
(J) [(K) the date the investigating officer's
report was prepared;
[(L)] the badge number or identification number
of the investigating officer;
(K) [(M)] the date on which any person who died
as a result of the accident died;
(L) [(N)] the date of any commercial motor
vehicle report; and
(M) [(O)] the place where any person injured or
killed in an accident was taken and the person or entity that
provided the transportation.
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.