HBA-DMD S.B. 1035 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1035
By: Moncrief
Public Safety
4/28/1999
Engrossed


BACKGROUND & PURPOSE 

Under current law, information held by specified governmental entities
regarding a motor vehicle accident is privileged and for the confidential
use of certain authorities. Current law prohibits the dissemination of
personal information electronically, which results in a prohibition against
the publication of accident reports by the press in their electronic
editions.  

S.B. 1035 authorizes the release of certain personal motor vehicle accident
information. This bill provides that information related to a motor vehicle
accident is available to the public. It prohibits the Department of Public
Safety or other governmental entity from disclosing information related to
motor vehicle accidents to any person unless the person affirms on the
appropriate form that the information will not be used for the direct
solicitation of business or employment for pecuniary gain by certain
persons. This bill also provides a penalty for using such information to
solicit business from accident victims. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 552.130(b), Government Code, to provide that
Subsection (a) does not apply to an agency, as defined by Section 730.003
(Definitions), Transportation Code. Deletes text authorizing information
described by Subsection (a) to be released only if and in the manner,
authorized by Chapter 730 (Motor Vehicle Records Disclosure Act),
Transportation Code. Information in Subsection (a) relates to a motor
vehicle operator's or driver's license or permit issued by an agency of
this state, a motor vehicle title or registration issued by an agency of
this state, or a personal identification document issued by an agency of
this state or a local agency authorized to issue an identification
document. 

SECTION 2.  Amends Section 550.065, Transportation Code, as follows:

Sec. 550.065. New Title: RELEASE OF CERTAIN INFORMATION RELATING TO
ACCIDENTS. (a) Deletes information reported under Chapter 772 (Local
Administration of Emergency Communications), Health and Safety Code, as
information that is held by the Department of Public Safety (department) or
another governmental entity and relates to a motor vehicle accident, as
information to which this section applies. Provides that this section
applies only to information that is held by the department or another
governmental entity and relates to a motor vehicle accident, including
information reported under Chapter 772, Health and Safety Code, other than
information that is confidential under that chapter. Makes conforming
changes. 

(b) Provides that information related to a motor vehicle accident is
available to the public, rather than is privileged and for the confidential
use of certain governmental agencies, except as provided by Subsection (c).

(c) Prohibits the department or other governmental entity from disclosing
information related to motor vehicle accidents to any person unless the
person affirms on the  appropriate form that the information will not be
used for the direct solicitation of business or employment for pecuniary
gain by certain persons.  

(d) Requires the department or governmental entity to provide a copy of the
motor vehicle accident information, upon written request and payment of any
required fee. Deletes a list of entities to whom the department or
governmental entity is required to release specified motor vehicle accident
information. Redesignated from Subsection (c). 

(e) Provides that a request under Subsection (d) must be made on a written
form adopted by the department of the entity. Deletes a requirement
relating to the department or governmental entity's determination of
entitlement to receive information. 

(f) Provides that the fee for a copy of the accident information is $4 or
the actual cost of the preparation of the copy, whichever is greater.
Deletes text providing that the fee for a copy of the peace officer's
report is $4. Redesignated from Subsection (e). Makes a conforming change. 

(g) Redesignated from Subsection (f).

SECTION 3.  Amends Section 550.067(b), Transportation Code, to provide that
a report filed under Subsection (a) is subject to the provisions of Section
550.065. Deletes text providing that a report filed under Subsection (a) is
for the confidential use of the municipal department and subject to the
provisions of Section 550.065. 

SECTION 4.  Amends Sections 730.003(1), (4) and (6), Transportation Code,
to redefine "agency," "motor vehicle record" and "personal information." 

SECTION 5.  Amends Section 730.008(a), Transportation Code, to authorize
the disclosure of personal motor vehicle accident information by the state
agency or state agent or contractor (agency), rather than the department,
to a person requesting the information. Makes a conforming change. 

SECTION 6.  Amends Section 730.013, Transportation Code, by amending
Subsection (d) and adding Subsection (e), as follows: 

(d) Requires any authorized recipient who resells or rediscloses personal
information obtained from an agency to be required by that agency to make
those records available at a location in this state for inspection by the
agency on request. 

(e) Sets forth that a person who violates Subsection (a) or (c) commits a
Class A misdemeanor. Subsection (a) authorizes an authorized recipient of
personal information, other than certain recipients, to resell or
redisclose the information for certain uses. Subsection (c) authorizes an
authorized recipient of personal information for bulk distribution for
surveys, marketing, or solicitations to resell or redisclose personal
information only in compliance with certain terms. 

SECTION 7.  Amends Chapter 38, Penal Code, by adding Section 38.17, as
follows: 

Sec.  38.17. USE OF ACCIDENT REPORT INFORMATION FOR PECUNIARY GAIN. Sets
forth that this section applies only to information described by Section
550.065(a), Transportation Code. Specifies the situations under which a
person commits an offense. Creates an offense for a person who employs or
engages another to obtain specified information from the department or
another governmental entity and subsequently uses the information for
direct solicitation of business or employment for pecuniary gain. Provides
that the offense is a Class B misdemeanor. 

SECTION 8.Repealer:  Chapter 731 (Disclosure of Personal Information from
Motor Vehicle Records), Transportation Code. 

SECTION 9. Effective date:  September 1, 1999.
 Makes application of SECTION 8 of this Act prospective to a civil action
brought under Section 731.005 (Civil Cause of Action), Transportation Code. 

SECTION 10. Emergency clause.