Bill Text: TX HB1295 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the release of a motor vehicle accident report; authorizing a fee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-03-12 - Left pending in committee [HB1295 Detail]

Download: Texas-2013-HB1295-Introduced.html

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83R7354 JRR-D
By: Fletcher H.B. No. 1295

A BILL TO BE ENTITLED
AN ACT
relating to the release of a motor vehicle accident report;
authorizing a fee.
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), (c), (d), and (e) and adding
Subsections (b-1), (d-1), and (h) 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 201.806 [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; and
(3) an authorized agent under a contract with the
department or a governmental entity to administer the release of
information under this section.
(b-1) The contract for an authorized agent must provide
that:
(1) the fee described by Subsection (d) for a copy of
an accident report is to be paid to the department or the
governmental entity, as applicable; and
(2) the information contained in an accident report is
not accessible by external searches from search engines on the
Internet.
(c) On written request and payment of any required fee, the
department, [or] the governmental entity, or an authorized agent
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 person 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.
(d) Except as provided by Subsection (d-1), the [The] fee
for a copy of the accident report is $6. A certified [The] copy of
the accident report may be issued [certified] by the department or
the governmental entity for a [an additional] fee of $8 [$2]. The
department or the governmental entity may issue a certification
that no report or information is on file for a fee of $6.
(d-1) In addition to the fee for a copy of an accident report
described by Subsection (d), an authorized agent may charge a
transaction fee not to exceed $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 201.806 [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.
(h) A request under Subsection (c) to an authorized agent
may be made through a website.
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, 2013.