Texas Transportation Code
Sec. § 550.065
Release of Certain Information Relating to Accidents

(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:

(A)

Section 550.062 (Officer’s Accident Report); or

(B)

former Section 550.061 or 601.004 before September 1, 2017; or

(2)

accident report information compiled under Section 201.806 (Accident Reports).

(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 person directly concerned in the accident or having a proper interest therein, including:

(A)

any person involved in the accident;

(B)

the authorized representative 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 (Requirement of Financial Responsibility), 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 (Type of Newspaper Required), 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 (Definitions).

(d)

The fee for a copy of the accident report is $6. The copy may be certified by the department or the governmental entity for an additional fee of $2. The department or the governmental entity may issue a certification that no report or information is on file for a fee of $6.

(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 (Accident Reports); 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 personal information, as defined by Section 730.003 (Definitions); and

(2)

shall withhold or redact the following items:

(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 name of any insurance company listed as a provider of financial responsibility for a vehicle listed in an accident report;

(G)

the number of any insurance policy issued by an insurance company listed as a provider of financial responsibility;

(H)

the date the peace officer who investigated the accident was notified of the accident;

(I)

the date the investigating peace officer arrived at the accident site;

(J)

the badge number or identification number of the investigating officer;

(K)

the date on which any person who died as a result of the accident died;

(L)

the date of any commercial motor vehicle report; and

(M)

the place where any person injured or killed in an accident was taken and the person or entity that provided the transportation.

(g)

The amount that may be charged for information provided under Subsection (e) shall be calculated in the manner specified by Chapter 552 (Public Information), Government Code, for public information provided by a governmental body under that chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.125(a), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1187, Sec. 13, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1032, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 470 (S.B. 375), Sec. 1, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 936 (H.B. 2633), Sec. 1, eff. June 18, 2015.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 47, eff. September 1, 2017.
Source
Tex. Legislature
Last accessed
Oct. 14, 2020
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