-. 

THE ATR-ORNEY GENERAL 

OFTEXAS 

Honorable Homer Garrison, Jr. 

Director, Department of Public Safety 

canp Mabry 

Austin, Texas 

Attention! J. B. Draper 

Dear Sirs Opinion No. O-6061 

Re: Privileged character of accident 

reports made to Department of Public Safety under Sets. 39, 40, 41 

and 42, Art. 6687b, V.A.C.S. 

Plaintiff and defendant in an a&ion for damages were involved in a 

traffic aoaident between an automobile and a truck on a public highway. A 

State Highway Patrohnan investigated the occurrenoe and made his report to 

the Deprtment. 

Attorneys for the defendant have propomded mitt.% interrogatories 

to one of your employees, who, presumably, is in charge of the records of 

such reports. These questions seekc 

1. The employee's name and addressi 

2. A statement of the records, under her supervision and control; 

3. To ascertain whether a report covering the litigated accident 

was filed; and 

4. A correct copy of such accident report. 

You wish to be advised what questions should be answered. 

?% quote from m opinion of our Supreme Court, decided on May 10, 

194, in Ezmvn & Root, Inc., VS. Haddad, discussing the questions you 

have raised: 

"The statutes under which the Patrolman acted in reporting the accident 

are Sections 39, 40, 41 and 42 of Article 6687b, Vernon's Texas Civil 

Statutes. . . . 

"The Court of Civil Appeals held that the report was a privileged oommunioation, for which reason the trial court erred in admitting same, or any 

part thereof, in evidence. . . . We here quote same in full as the opinion of the Court on the construction of the statutes above quoted with 

respect to the question of whether or not the Roensch report was a privileged communication. It is as follows: 
Honorable Homer Garrison, Jr., page 2 (o-6061) 

elm approw of the judgment of the Court of Civil Appeala in reversing the 

judgment of the trial court and remanding the cause, because the trial court 

erred in admittingthe entire report made by patrolman Roensoh to the Department of Atblio Safety. 175 S.W. Znd., 269. However, that report is not a 

privileged communication under Sec. 42, of Art. 6687b, Vernon's Anno. Civ. 

Stat. This is made clear by a consideration of Seas. 39"and 40 of the same 

article. Sec. 39 requires reports of accidents of "every person involved," 

that is, by every party to the accident, and provides that such reports 

"shall be deemed privileged connnunications." Roensch's report was called 

for by Sec. 43 as the findings of an officer investigating the accident, 

and it says nothing about any such report being privileged. Clearly, then, 

the purpose of Sec. 42 is to qualify the 'blanket privilege extending to 

reports made by "persons invclveda~by Sec. 39, in two partiaulars, namely 

(1) to permit the Department of Public Safety to disclose the identity of 

any person involved in an accident, when such is not know or when such 

person denies his presence at the accident; and '2) to permit the Department of Public Safety to certify that such report was made, to prove that 

any person claiming to have made the report has or has not made it. 

"~Obvicusly, Roensch's report, as such, is a hearsay statement and should 

be excluded at another trial, if objected to on that ground, except such 

parts thereof only as may tend to impeach eny direct evidence given by 

Roensoh. . . .*" 

It is cur opinion the court's decision in that case settles the 

question. The parties to a pending action certainly would be entitled to 

have a copy of the accident report. How else would they know whether the 

witnesses' evidence might be subject to impeachment, if in fact it should 

be. 

This department has ruled to the seme ePfec z in Opinions No. o-2044, 

and o-4402, copies of which are attached hereto. 

It is cur advice that all the questions propounded should be answered and that a copy of the accident report should be furnikhed. 

Very truly yours 

APPROVED Jm 6, 1944 

/s/Gee. P. Ble,ckburn 

(Acting) 

ATTORREYGENEW OF TEXAS 

Approved 

Opinion Committee 

By BWB Chairman 

A’ITO9XTY GIBERAL OF TEXAS 

& /s/ Elbert Hooper 

Elbert Hcoper 

Assistant 

EH;db:egw