There being no disputed facts, the trial court’s conclusion that H.B.1544 regulates access to information in the hands of the Texas Department of Public Safety and does not regulate commercial free speech is reviewed de novo. Commercial Free Speech H.B.1544 is the result of the legislature’s ongoing desire to make public records accessible while protecting the privacy of individuals. Here, the State has an interest in protecting individuals who have been in an automobile accident from having personal information provided to the police used to subject them to commercial solicitation in their home. Previous legislative attempts to create a “privacy” exception to public records have been rejected by the courts as unconstitutional. See Bailey v. Morales, 190 F.3d 320, 326 (5th Cir.1999) (<HOLDING>); Innovative Database Sys. v. Morales, 990 F.2d
holding victims statements admissible under state of mind exception to rebut defendants claim of accident andor suicide holding that employer controlled the victims will at least in part by using his position as the victims employer holding unconstitutional complete prohibition on solicitation of accident victims by healthcare professionals holding statute does not preclude victims family from testifying as to the difficulties encountered by victim following accident holding admissible testimony of the victims daughter regarding a telephone call from the defendant to the victim hours before the victims death and the victims emotions following the telephone call where defendant claimed accident