Tex.
Parks & Wild. Code Section 31.1055
Release of Incident Reports
(a)
This section applies only to an incident report that is held by the department or another governmental entity.(b)
In this section:(1)
“Incident” means an incident described by Section 31.105 (Incident Reports)(a).(2)
“Incident report” means a written report required under Section 31.105 (Incident Reports)(c).(c)
Except as otherwise provided by this section, an incident report is confidential and for the use of:(1)
the department; and(2)
an authorized official or agency of the United States or a state or local governmental entity.(d)
On written request, the department or the governmental entity shall release an incident report to:(1)
an entity described by Subsection (c);(2)
the law enforcement agency that employs the marine safety enforcement officer who investigated the incident and filed the incident report with the department, including an agent of the law enforcement agency authorized by contract to obtain the information;(3)
the court in which a case involving a person involved in the incident is pending if the incident report is subpoenaed; or(4)
a person directly concerned in the incident or having an interest in the incident as:(A)
a person involved in the incident;(B)
the authorized representative of a person involved in the incident;(C)
a vessel operator involved in the incident;(D)
an employer, parent, or legal guardian of a vessel operator involved in the incident;(E)
the owner of a vessel or property damaged in the incident;(F)
a person who has established financial responsibility for a vessel involved in the incident, including a policyholder of a liability insurance policy covering the vessel;(G)
an insurance company that issued an insurance policy covering a vessel involved in the incident;(H)
an insurance company that issued a policy covering any person involved in the incident;(I)
a person under contract to provide claims or underwriting information to a person described by Paragraph (F), (G), or (H);(J)
a radio or television station that holds a license issued by the Federal Communications Commission;(K)
a newspaper that is:(i)
a free newspaper of general circulation or qualified under Section 2051.044 (Type of Newspaper Required), Government Code, to publish legal notices;(ii)
published at least once a week; and(iii)
available and of interest to the general public in connection with the dissemination of news; or(L)
a person who may sue because of death resulting from the incident.(e)
In addition to the information required to be released under Subsection (d), the department shall publish at least annually statistics derived from incident reports that relate to the number, cause, and location of the reported incidents.(f)
The department when releasing information under Subsection (d)(4)(J) or (K):(1)
may not release the personal identifying information, as defined by Section 521.002 (Definitions)(a), Business & Commerce Code, of an individual included in an incident report; and(2)
shall withhold or redact:(A)
the address, other than zip code, and telephone number of a person included in an incident report;(B)
the registration or hull identification number of a vessel included in an incident report;(C)
the badge number or identification number of the investigating officer;(D)
the date of death of a person who died as a result of the incident; and(E)
the location to which a person injured or killed in the incident was transported or the person that provided the transportation.(g)
The amount that may be charged for information provided under Subsection (d) shall be calculated in the manner specified by Chapter 552 (Public Information), Government Code, for public information provided by a governmental body under that chapter.
Source:
Section 31.1055 — Release of Incident Reports, https://statutes.capitol.texas.gov/Docs/PW/htm/PW.31.htm#31.1055 (accessed Apr. 29, 2024).
