ATTORNEY GENERAL OF TEXAS 

GREG ABBOTT 

March 3 1,2003 

The Honorable Michael A. Stafford 

Harris County Attorney 

1019 Congress, 15th Floor 

Houston, Texas 77002- 1700 

Opinion No. GA-0052 

Re: Whether section 550.065(d) of the 

Transportation Code requires a governmental 

body to use the guidelines established by 

the Texas Building and Procurement 

Commission when calculating the “actual 

cost” of making a noncertified copy of an 

accident report (RQ-06 11 -JC) 

Dear Mr. Stafford: 

You ask whether Transportation Code section 550.065(d) requires governmental agencies 

to use the guidelines established by the Texas Building and Procurement Commission (“the 

Commission”) pursuant to the Texas Public Information Act to calculate the “actual cost” of making 

a noncertified copy of an accident report.* See TEX. GOV’T CODE ANN. 8 552.262 (Vernon Supp. 

2003) (authorizing Texas Building and Procurement Commission, to adopt rules for governmental 

bodies to use in determining charges for records). 

Chapter 550, subchapter D of the Transportation Code requires a written report of a vehicle 

accident resulting in injury to or the death of a person, or property damage of $1,000 or more, to be 

made by a law enforcement officer who investigated the accident, or by the vehicle operator if it was 

not investigated by a law enforcement officer. See TEX. TRANSP. CODE ANN. $9 550.061(a), 

550.062(a) (Vernon Supp. 2003). The report must be filed with the Department of Public Safety 

(“DPS”) no later than the tenth day after the accident. See id. 89 550.061(b), 550.062(b). A 

municipality may by ordinance require an accident report to be filed with a municipal department. 

See id. 8 550.067 (Vernon 1999). 

‘The Seventy-seventh Texas Legislature abolished the General Services Commission and created the Texas 

Building and Procurement Commission, to which the legislature generally assigned the powers and duties that previously 

had been assigned to the General Services Commission. See Act of May 27,2001,77th Leg., R.S., ch. 1422,s 1.18(a), 

(b), 200 1 Tex. Gen. Laws 502 1,5025. The name “Texas Building and Procurement Commission” will be used instead 

of “General Services Commission” in this opinion. 

2see Letter and Brief from Honorable Michael A. Stafford, Harris County Attorney, to Honorable John Comyn, 

Texas Attorney General (Sept. 17,2002) (on file with Opinion Committee) [hereinafter Stafford Brief]. 
The Honorable Michael A. Stafford - Page 2 (GA-0052) 

Transportation Code section 550.065 governs the release of information relating to a motor 

vehicle accident held by DPS or another governmental entity. Id. 8 550.065(a), (c) (Vernon Supp. 

2003); see id. $3 550.061-.64, 601.004 (Vernon 1999 & Supp. 2003) (accident reports subject to 

Transportation Code section 550.065). Subsection 550.065(b) states that the information is for the 

confidential use of DPS and federal, state, and local entities that have “use for the information for 

accident prevention purposes,” except as provided by subsection (c). Id. 0 550.065(b) (Vernon Supp. 

2003). Subsection (c) provides that “[o]n written request and payment of any required fee,” DPS or 

a governmental entity shall release the information to certain public entities, see id. fj 550.065(c)(l)- 

(3), or to a person who provides DPS or the governmental entity with two or more of the following: 

(A) the date of the accident; 

(B) the specific address or the highway or 

street where the accident occurred; or 

(C) the name of any person involved in the 

accident. 

Id. 8 550.065(c)(4). 

Subsection (d) of section 550.065, the subject of your request, establishes the following fee 

for accident reports released under subsection (c): 

The fee for a copy of the report or accident information is $6 

or the actual cost of the preparation of the copy, whichever is less. 

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. 

Id. 8 550.065(d) (emphasis added). 

Subsection (d) does not define “actual cost,” and its language has been subject to varying 

interpretations among law enforcement agencies.3 Some governmental entities that hold accident 

reports are highly automated and able to prepare copies quickly and efficiently, while others are not 

yet automated. See Commission Brief, supra note 3. The question has arisen whether subsection 

(d) requires governmental agencies to use the guidelines established by the Commission under the 

Texas Public Information Act to calculate the “actual cost” of making a noncertified copy .of an 

accident report. See Stafford Brief, supra note 2. 

3See Stafford Brief, supra note 2; see also Brief from Hadassah S&loss, Open Records Administrator, Texas 

Building & Procurement Comrnission, to Susan Denmon Gusky, Chair, Office of Attorney General (Nov. 8,20!2) (on 

file with Opinion Committee) [hereinafter Commission Briefj. 
The Honorable Michael A. Stafford - Page 3 (GA-0052) 

The Public Information Act provides in section 552.262 of the Government Code that the 

Commission “shall adopt rules for use by each governmental body in determining charges for 

providing copies of public information under . . . subchapter [F of chapter 5521.” TEX. GOV’T 

CODE ANN. § 552.262(a) (Vernon Supp. 2003). The Commission’s rules, see 1 TEX. ADMIN. CODE 

$8 111.61-.71(2002), are to be used by each governmental body to determine charges for providing 

copies of public information, “except to the extent that other law provides for charges for specific 

kinds of public information.” TEX. GOV’T CODE ANN. 0 552.262(a) (Vernon Supp. 2003). “The 

charges for providing copies of public information may not be excessive and may not exceed the 

actual cost of producing the information . . . .” Id. The Commission’s rules define “actual cost” as 

[t]he sum of all direct costs plus a proportional share of overhead or 

indirect costs. Actual cost should be determined in accordance with 

generally accepted methodologies. 

1 TEX. ADMIN. CODE 8 111.62( 1) (2002). 

Under subsection 550.065(d) of the Transportation Code, the fee for a copy of the accident 

report is $6 or the actual cost of copying the report, whichever is less, but section 550.065 does not 

define “actual cost.” See TEX. TRANSP. CODE ANN. 9 550.065 (Vernon Supp. 2003). Section 

552.262(a) of the Government Code directs governmental bodies to the Commission’s rules to 

determine charges for records “except to the extent that other law provides for charges.” TEX. GOV’T 

CODE ANN. $ 552.262(a) (Vernon Supp. 2003). Governmental bodies must use the definition of 

“actual cost” stated in the Commission’s rules, subject to the limit of $6 established by section 

550.065(d) of the Transportation Code. 
The Honorable Michael A. Stafford - Page 4 (GA-0052) 

SUMMARY 

Section 550.065(d) of the Transportation Code provides that 

the fee for copies of accident reports and accident information is $6 

or the actual cost of preparing the copy, whichever is less. Because 

section 550.065 does not define “actual cost,” governmental agencies 

must use the Texas Building and Procurement Commission’s 

guidelines under the Public Information Act to calculate the “actual 

cost” of making a noncertified copy of an accident report subject to 

the limit of $6 established by the Transportation Code. 

Very truly yours, 

BARRY R. MCBEE 

First Assistant Attorney General 

DON R. WILLETT 

Deputy Attorney General - General Counsel 

NANCY S. FULLER 

Chair, Opinion Committee 

Susan L. Garrison 

Assistant Attorney General, Opinion Committee