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Saturday, October 25, 1997

1998 trial set for law limiting access to vehicle records

By JUAN B. ELIZONDO Jr. Associated Press Writer

AUSTIN (AP) - A state law limiting public access to traffic crash records remains blocked, but a state judge on Friday declined to leave the law on hold until the Legislature can reconsider it.

The Texas Daily Newspaper Association, Texas Press Association and Texas attorney general's office on Friday asked District Judge Paul Davis to keep the new law shelved until the 1999 Legislature can decide whether to rewrite it.

An attorney for the city of San Antonio, which supports the law, said such a lengthy delay would be unconstitutional.

Davis declined the request, setting a September 1998 trial date instead to determine whether the law is constitutional.

Under the law, anyone seeking information about a traffic wreck must know the name of at least one person involved and either the location or date of the wreck.

The law also limits public access to motor vehicle records that contain personal information about Texans and would make it illegal for such information to be posted on the Internet without permission from the person involved.

Earlier this month, Davis put those sections of the law on hold.

Attorneys for the newspaper groups argued that some local government officials aren't aware that the law is not in effect. They said other local officials have claimed that the block on the law doesn't apply to them because they are not involved in the lawsuit.

Davis agreed to expand the lawsuit to cover all law enforcement agencies in the state and all other agencies that hold any of the records in question.

On Dec. 5, the agencies and their associations will have a chance to become active in the trial to determine whether the law is constitutional.

The city of San Antonio began that argument Friday, saying the law in effect will help cut the amount of money it spends to make public records available to the public.

"What we have now is the worst situation," said Donald Bayne, an assistant attorney for San Antonio. "People are coming in with portable copy equipment and portable fax equipment and setting up shop. It's like a flea market."

Under the Texas Public Information Act, government offices can charge for copies of public records but can't charge for access to records unless the records must be produced. Part of the blocked law would allow reasonable charges for access to motor vehicle and traffic records.

Bayne said while it was not lawmakers' focus to save money for local governments, it is a benefit of the law.

Lawmakers have said they passed the law to prevent ambulance chasing.

Some, including Sen. Jeff Wentworth, R-San Antonio, have indicated that they are interested in re-evaluating the law because of its wide affect. They can't make any changes until the 1999 legislative session.

Donaldson and Attorney General Dan Morales' office agreed that it would be in the public's interest to delay the law until lawmakers could reconsider it. But Donaldson said as long as the law remains blocked and local governments don't enforce its limits on access to information, the public will not be harmed.

"We believe, as a matter of law, that it is unconstitutional," Donaldson said. "If it go badly for us (at trial), perhaps we'll have three or four months of silence on the tragic accidents ocurring in our state. That might encourage (lawmakers) to do something."

Bayne, meanwhile, accused the attorney general of abandoning his job to defend the constitutionality of the law. "The attorney general has switched sides," he said.

Assistant Attorney General James Pinson said his boss is doing his job by representing the best interests of the public.

Donaldson, newspaper officials and Wentworth have said while news reporters most often use the records, it is important for all people that the information remain public. Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
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