Texas Transportation Code 550.065 – Release of Certain Information Relating to Collisions
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(a) This section applies only to the following information that is held by the department or another governmental entity:
(1) a written report of a collision required under:
(A) § 550.062; or
(B) former Section 550.061 or 601.004 before September 1, 2017; or
(2) collision report information compiled under § 201.806.
(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 collision prevention purposes.
Terms Used In Texas Transportation Code 550.065
- Contract: A legal written agreement that becomes binding when signed.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Week: means seven consecutive days. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(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 collision 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 collision is pending if the report is subpoenaed; or
(4) any person directly concerned in the collision or having a proper interest therein, including:
(A) any person involved in the collision;
(B) the authorized representative of any person involved in the collision;
(C) a driver involved in the collision;
(D) an employer, parent, or legal guardian of a driver involved in the collision;
(E) the owner of a vehicle or property damaged in the collision;
(F) a person who has established financial responsibility for a vehicle involved in the collision in a manner described by § 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 collision;
(H) an insurance company that issued a policy covering any person involved in the collision;
(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 § 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;
(L) any person who may sue because of death resulting from the collision; or
(M) an employee or authorized representative of a vehicle storage facility, as defined by § 2303.002, Occupations Code, that stored a vehicle involved in 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 collision report that may be requested by any person. The redacted collision 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 § 730.003.
(d) The fee for a copy of the collision 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) collision report information compiled under § 201.806; or
(2) a vehicle identification number and specific collision 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 § 730.003; and
(2) shall withhold or redact the following items:
(A) the first, middle, and last name of any person listed in a collision 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 a collision report;
(C) the date of birth, other than the year, of any person listed in a collision report;
(D) the address, other than zip code, and telephone number of any person listed in a collision report;
(E) the license plate number of any vehicle listed in a collision report;
(F) the name of any insurance company listed as a provider of financial responsibility for a vehicle listed in a collision 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 collision was notified of the collision;
(I) the date the investigating peace officer arrived at the collision 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 collision died;
(L) the date of any commercial motor vehicle report; and
(M) the place where any person injured or killed in a collision 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, Government Code, for public information provided by a governmental body under that chapter.