| |
| |
|
|
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. |