Texas 2017 - 85th Regular

Texas House Bill HB3950 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11908 JRR-D
2	2	By: Gonzales of Williamson H.B. No. 3950
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to motor vehicle accident reports.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 550.025(a), Transportation Code, is
10	10	amended to read as follows:
11	11	(a) The operator of a vehicle involved in an accident
12	12	resulting only in damage to a structure adjacent to a highway or a
13	13	fixture or landscaping legally on or adjacent to a highway shall:
14	14	(1) take reasonable steps to locate and notify the
15	15	owner or person in charge of the property of the accident and of the
16	16	operator's name and address and the registration number of the
17	17	vehicle the operator was driving; and
18	18	(2) if requested and available, show the operator's
19	19	driver's license to the owner or person in charge of the property[;
20	20	and
21	21	[(3) report the accident if required by Section
22	22	550.061].
23	23	SECTION 2. Effective September 1, 2019, Section 550.062(b),
24	24	Transportation Code, is amended to read as follows:
25	25	(b) The report required by Subsection (a) must be filed
26	26	electronically with the department not later than the 10th day
27	27	after the date of the accident.
28	28	SECTION 3. Section 550.064(b), Transportation Code, is
29	29	amended to read as follows:
30	30	(b) An accident report form prepared by the department must:
31	31	(1) require sufficiently detailed information to
32	32	disclose the cause and conditions of and the persons and vehicles
33	33	involved in an accident if the form is for the report to be made by a
34	34	person [involved in or] investigating the accident;
35	35	(2) include a way to designate and identify a peace
36	36	officer, firefighter, or emergency medical services employee who is
37	37	involved in an accident while driving a law enforcement vehicle,
38	38	fire department vehicle, or emergency medical services vehicle
39	39	while performing the person's duties;
40	40	(3) require a statement by a person described by
41	41	Subdivision (2) as to the nature of the accident; and
42	42	(4) include a way to designate whether an individual
43	43	involved in an accident wants to be contacted by a person seeking to
44	44	obtain employment as a professional described by Section 38.01(12),
45	45	Penal Code.
46	46	SECTION 4. Section 550.065(a), Transportation Code, is
47	47	amended to read as follows:
48	48	(a) This section applies only to the following information
49	49	that is held by the department or another governmental entity:
50	50	(1) a written report of an accident required under:
51	51	(A) Section [550.061,] 550.062[,]; or
52	52	(B) former Section 550.061 or 601.004 before
53	53	September 1, 2017; or
54	54	(2) accident report information compiled under
55	55	Section 201.806.
56	56	SECTION 5. Section 550.067(c), Transportation Code, is
57	57	amended to read as follows:
58	58	(c) A municipality by ordinance may require the person in
59	59	charge of a garage or repair shop where a motor vehicle is brought
60	60	if the vehicle shows evidence of having been involved in an accident
61	61	described by [requiring a report to be filed under] Section
62	62	550.062(a) [550.061 or 550.062] or shows evidence of having been
63	63	struck by a bullet to report to a department of the municipality
64	64	within 24 hours after the garage or repair shop receives the motor
65	65	vehicle, giving the engine number, registration number, and the
66	66	name and address of the owner or operator of the vehicle.
67	67	SECTION 6. Section 550.068, Transportation Code, is amended
68	68	to read as follows:
69	69	Sec. 550.068. CHANGING ACCIDENT REPORT. (a) Except as
70	70	provided by Subsection (b), a change in or a modification of a
71	71	written report of a motor vehicle accident prepared by a peace
72	72	officer [or the operator of a vehicle involved in an accident] that
73	73	alters a material fact in the report may be made only by the peace
74	74	officer [or person] who prepared the report.
75	75	(b) A change in or a modification of the written report of
76	76	the accident may be made by a person other than the peace officer
77	77	[or the operator of the vehicle] if:
78	78	(1) the change is made by a written supplement to the
79	79	report; and
80	80	(2) the written supplement clearly indicates the name
81	81	of the person who originated the change.
82	82	SECTION 7. Section 601.005, Transportation Code, is amended
83	83	to read as follows:
84	84	Sec. 601.005. EVIDENCE IN CIVIL SUIT. A [On the filing of a
85	85	report under Section 601.004, a] person at a trial for damages may
86	86	not refer to or offer as evidence of the negligence or due care of a
87	87	party:
88	88	(1) an action taken by the department under this
89	89	chapter;
90	90	(2) the findings on which that action is based; or
91	91	(3) the security or evidence of financial
92	92	responsibility filed under this chapter.
93	93	SECTION 8. Sections 601.007(b) and (c), Transportation
94	94	Code, are amended to read as follows:
95	95	(b) The provisions of this chapter[, other than Section
96	96	601.004,] do not apply to an officer, agent, or employee of the
97	97	United States, this state, or a political subdivision of this state
98	98	while operating a government vehicle in the course of that person's
99	99	employment.
100	100	(c) The provisions of this chapter, other than Section
101	101	[Sections 601.004 and] 601.054, do not apply to a motor vehicle that
102	102	is subject to Chapter 643.
103	103	SECTION 9. Section 601.154(c), Transportation Code, is
104	104	amended to read as follows:
105	105	(c) In determining whether there is a reasonable
106	106	probability that a judgment will be rendered against the person as a
107	107	result of an accident and the amount of security that is sufficient
108	108	under Subsection (a), the department may consider:
109	109	(1) a report of an investigating officer; and
110	110	(2) [an accident report of a party involved; and
111	111	[(3)] an affidavit of a person who has knowledge of the
112	112	facts.
113	113	SECTION 10. Sections 730.003(4) and (6), Transportation
114	114	Code, are amended to read as follows:
115	115	(4) "Motor vehicle record" means a record that
116	116	pertains to a motor vehicle operator's or driver's license or
117	117	permit, motor vehicle registration, motor vehicle title, or
118	118	identification document issued by an agency of this state or a local
119	119	agency authorized to issue an identification document. The term
120	120	does not include:
121	121	(A) a record that pertains to a motor carrier; or
122	122	(B) an accident report prepared under:
123	123	(i) Chapter 550; or
124	124	(ii) former Section 601.004 before
125	125	September 1, 2017 [601].
126	126	(6) "Personal information" means information that
127	127	identifies a person, including an individual's photograph or
128	128	computerized image, social security number, driver identification
129	129	number, name, address, but not the zip code, telephone number, and
130	130	medical or disability information. The term does not include:
131	131	(A) information on vehicle accidents, driving or
132	132	equipment-related violations, or driver's license or registration
133	133	status; or
134	134	(B) information contained in an accident report
135	135	prepared under:
136	136	(i) Chapter 550; or
137	137	(ii) former Section 601.004 before
138	138	September 1, 2017 [601].
139	139	SECTION 11. Sections 550.061 and 601.004, Transportation
140	140	Code, are repealed.
141	141	SECTION 12. This Act takes effect September 1, 2017.