The Honorable Wilson E. Speir 

Director 

Opinion No. H-774 

Texas Department of Public Safety Re: Whether article 

5805 North Lamar Blvd. 6701h, section 5(b), 

Austin, Texas 78773 V.T.C.S., has altered 

the confidential nature 

of accident reports 

filed by parties to the 

accident. 

Dear Colonel Speir: 

you have requested our opinion concerning the confidentiality and use of accident reports. Section 47 of 

article 67016, V.T.C.S., provides in part: 

All accident reports made by persons 

involved in accidents, by garages, or 

peace officers shall be without prejudice 

to the individual so reporting and shall 

be privileged and for the confidential 

use of the Department or other State 

agencies having use for the records for 

accident prevention purposes. . . . 

Ssction S(b) of article 6701h, V.T.C.S., as amended by Acts 

1975, 64th Leg., ch. 347, p. 931, provides in part: 

Before suspension of a license, registration, or privilege, the Department must 

find that there is a reasonable probability 

of a judgment being rendered against the 

person as a result of the accident and the 

amount of security that must be deposited. 

Por this purpose it may consider the report 

of the investigating officer, the accident 

reports of all parties involved, and any 

affidavits of persons having knowledge of 

the facts. . . . 

p. 3271 
The Honorable Wilson E. Speir - page 2 (H-774) 

You have asked whether article 6701h conflicts with 

article 67016 and whether accident reports may be used by 

the Department in making the determination provided in 

article 6701h. In addition, you ask whether reports would 

be admissible in an appeal from such a determination, 

In our view any conflict between article 6701d, section 

47 and article 6701h, section 5(b), as amended, is limited 

to the provision on the one hand that reports will be without 

prejudice and on the other hand that reports may be considered 

by the Department for license suspension purposes. In any 

case, the latter provision, which permits the use of reports 

for the Department's internal consideration in license suspension purposes would prevail in regard to reports filed 

after the effective date of the 1974 amendment. However, 

any use must preserve the confidentiality of the reports. 

Accordingly, in our opinion the Department of Public Safety 

may utilize accident reports in making the determination 

required by article 6701h, section 5(b), so long as the 

reports remain confidential. 

In our view, the requirement of confidentiality found 

in section 47 of article 6701d would preclude the admissibility of such accident reports in appeals from the Department's determination unless the privilege is waived by the 

SUMMARY 

The Department of Public Safety may 

consider accident reports filed by 

persons involved in accidents in making 

the determination of whether there is 

pa 3272 
The Honorable Wilson E. Bpeir - page 3 (~-774) 

a reasonable probability of a judgment 

being rendered against a person as a 

result of the accident. The accident 

reports.would not be admissible in an 

appeal from the Department's determination. 

Very truly yours, 

APPROVED: 

Opinion Committee 

jwb 

p. 3273