August Z,$, M69
Honorable Wilson E. Speir Opinion No. ~-452
Director
Texas Department of Public Safety RE: Questions relating
Box 4087 to accident reports
Austin, Texas 78751 under recent Amend-
ment to Section 47
of Article 67Old
V.C.S. making such
reports public rec-
ords after January
Dear Colonel Speir: 1, 1970.
You have requested the opinion of this office on
the following questions:
"1 . After January 1, 1970, must the De-
partment provide a copy of all reports
and information by peace officers on
accidents they investigate to persons
requesting it and paying the Two Dollar
fee?
"2 . Would a two-part form be legal?
One part of the form would be furnish-
ed the public as the official 'accident
report,' and the second part would be
statistical and survey information for
State and Departmental use only. This
second part would be detached from the
'accident report' and filed separately.
“3. In the event your answer to Question
No. 2 is negative, would it be possible
to have officers collect additional in-
formation on accidents for study and
survey purposes for limited periods of
time or in limited geographical areas,
submitting such information to the De-
partment when they file their accident
reports? The nurposes being to make
only the actual accident report avail-
able to the public and to use the in-
formation in the study or survey re-
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.
Hon. Wilson E. Speir, page 2, (M- 452 )
port for Department purposes only."
Your inquiry stems from the passage of House Bill:
749, Acts 61st Leg., R.S. 1969, ch. 383, p. 1189, which
amends Section 47 of Article 6701d, Vernon's Civil Sta-
tutes, to read as follows (underlined portions consti-
tute the added provisions):
"Section 47. Accident reports.
All accident reports made by persons
involved in accidents, by garages,
or peace officers shall be without
prejudice to the individual so re-
porting and shall be privileged and
for the confidential use of the De-
partment or other State agencies
having use for the records for ac- ,’
cident prevention purposes, except
that the Department may disclose
the identity of a person involved
in an accident when such identity
is not otherwise known or when such
person denies his presence at such
It is noted that Section 47 still commences "All accident
reports. . .II (Emphasis ours.1 In the amendxportion there
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. .
Hon. Wilson E. Speir, paqe 3, (M- 452 )
appears, inter &, ". . .a copy or copies of an peace
officer's report. . .I’ It is therefore the opin
9 on of
this office in answer to your first question that, after
January 1, 1970, your Department must provide a copy of
all reports and information relating to a particular
accident submitted to you by peace officers to any person
requesting same and payinq the $2 fee.
In view of the language quoted in the preceedinq
paragraph it is the opinion of this office that a two-
part form as described in your second guestion would not
be proper. Since both parts would be submitted in con-
nection with a specific accident, and would constitute
a single report, any person resuestinq same and tendering
$2 wouid be entitled to the entire report.
In answer to your third question it is our opinion
that there would be no legal bar to the collection of
statistical information on accidents for study and survey
purposes provided that this statistical information was
gathered and submitted without specific reference to any
particular accident. In this connection we would point
out that, although a two-part form does not meet our ap-
proval, the use of a separate form for statistical pur-
poses with no identification as to driver, injured parties,
etc. by name, or vehicle by license number, or other
identification, would be permissible.
SUMMARY
Accident reports submitted by peace
officers to the Department of Pub-
lic Safety after January 1, 1970
are public records and a copy of
such accident report --
en toto must
be furnished to any person request-
ing same and payinq a $2 fee. The
Department may not detach a portion
of such report for statistical pur-
poses but the Department may pre-
pare a separate statistical report.
Verytkuly yours,
C. MARTIN
General of Texas
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Hon. Wilson E. Speir, page 4, (M- 452 )
Prepared by Howard M. Fender
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
George Kelton, Vice-Chairman
Lonny Zwiener
Malcolm Quick
Rob Lattimore
Jerry Roberts
W. V. GEPPERT
Staff Legal Assistant
HAWTHORNE PHILLIPS
Executive Assistant
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