H.B. No. 2633
 
 
 
 
AN ACT
  relating to the release of a motor vehicle accident report.
         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), (e), and (f) and adding
  Subsection (c-1) to read as follows:
         (a)  This section applies only to the following information
  that is held by the department or another governmental entity:
               (1)  a written report of an accident required under
  Section 550.061, 550.062, or 601.004; or
               (2)  [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), (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 an insurance
  policy covering a vehicle involved in the accident;
                     (H)  an insurance company that issued a policy
  covering any person 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.
         (e)  In addition to the information required to be released
  under Subsection (c), the department may release:
               (1)  accident report information compiled under
  Section 201.806 [information relating to motor vehicle accidents
  that the department compiles under Section 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.
         (f)  The department when releasing information under
  Subsection (c-1) or (e):
               (1)  may not release [under Subsection (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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2633 was passed by the House on May 6,
  2015, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 2633 on May 27, 2015, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 2633 on May 31, 2015, by the following vote:  Yeas 144,
  Nays 0, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2633 was passed by the Senate, with
  amendments, on May 24, 2015, by the following vote:  Yeas 19, Nays
  11; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  2633 on May 30, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor