Tex. Codes » Penal Code · TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION · CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION
Texas Codes

Tex. Penal Code § 38.18 (2026)

Use Of Collision Report Information And Other Information For Pecuniary Gain

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Sec. 38.18. USE OF COLLISION REPORT INFORMATION AND OTHER INFORMATION FOR PECUNIARY GAIN. (a) This section applies to:

(1) information described by Section 550.065(a), Transportation Code;

(2) information reported under Chapter 772, Health and Safety Code, other than information that is confidential under that chapter; and

(3) information contained in a dispatch log, a towing record, or a record of a 9-1-1 service provider, other than information that is confidential under Chapter 772, Health and Safety Code.

(b) A person commits an offense if:

(1) the person obtains information described by Subsection (a) from the Department of Public Safety of the State of Texas or other governmental entity; and

(2) the information is subsequently used for the direct solicitation of business or employment for pecuniary gain by:

(A) the person;

(B) an agent or employee of the person; or

(C) the person on whose behalf the information was requested.

(c) A person who employs or engages another to obtain information described by Subsection (a) from the Department of Public Safety or other governmental entity commits an offense if the person subsequently uses the information for direct solicitation of business or employment for pecuniary gain.

(d) An offense under this section is a Class B misdemeanor.

Added by Acts 2001, 77th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 139, eff. September 1, 2023.

Notes of Decisions
Cited in 2 cases, 2003–2003 · leading case: Anderson Courier Serv. v. State, 104 S.W.3d 121 (Tex. App.—Austin 2003).
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Anderson Courier Serv. v. State, 104 S.W.3d 121 (Tex. App.—Austin 2003). “Laws 2281 (codified at Tex. Pen.Code Ann. § 38.18 (West Supp.2003)).”
Anderson Courier Serv. ACC-A-FAX Accident Review, Inc. v. State, No. 03-02-00332-CV (Tex. App.—Austin Mar. 6, 2003). “Laws 2281 (codified at Tex. Pen. Code Ann. § 38.18 (West Supp. 2003)).”
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