85R11908 JRR-D
By: Gonzales of Williamson H.B. No. 3950
A BILL TO BE ENTITLED
AN ACT
relating to motor vehicle accident reports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 550.025(a), Transportation Code, is
amended to read as follows:
(a) The operator of a vehicle involved in an accident
resulting only in damage to a structure adjacent to a highway or a
fixture or landscaping legally on or adjacent to a highway shall:
(1) take reasonable steps to locate and notify the
owner or person in charge of the property of the accident and of the
operator's name and address and the registration number of the
vehicle the operator was driving; and
(2) if requested and available, show the operator's
driver's license to the owner or person in charge of the property[;
and
[(3) report the accident if required by Section
550.061].
SECTION 2. Effective September 1, 2019, Section 550.062(b),
Transportation Code, is amended to read as follows:
(b) The report required by Subsection (a) must be filed
electronically with the department not later than the 10th day
after the date of the accident.
SECTION 3. Section 550.064(b), Transportation Code, is
amended to read as follows:
(b) An accident report form prepared by the department must:
(1) require sufficiently detailed information to
disclose the cause and conditions of and the persons and vehicles
involved in an accident if the form is for the report to be made by a
person [involved in or] investigating the accident;
(2) include a way to designate and identify a peace
officer, firefighter, or emergency medical services employee who is
involved in an accident while driving a law enforcement vehicle,
fire department vehicle, or emergency medical services vehicle
while performing the person's duties;
(3) require a statement by a person described by
Subdivision (2) as to the nature of the accident; and
(4) include a way to designate whether an individual
involved in an accident wants to be contacted by a person seeking to
obtain employment as a professional described by Section 38.01(12),
Penal Code.
SECTION 4. Section 550.065(a), Transportation Code, is
amended to read as follows:
(a) This section applies only to the following information
that is held by the department or another governmental entity:
(1) a written report of an accident required under:
(A) Section [550.061,] 550.062[,]; or
(B) former Section 550.061 or 601.004 before
September 1, 2017; or
(2) accident report information compiled under
Section 201.806.
SECTION 5. Section 550.067(c), Transportation Code, is
amended to read as follows:
(c) A municipality by ordinance may require the person in
charge of a garage or repair shop where a motor vehicle is brought
if the vehicle shows evidence of having been involved in an accident
described by [requiring a report to be filed under] Section
550.062(a) [550.061 or 550.062] or shows evidence of having been
struck by a bullet to report to a department of the municipality
within 24 hours after the garage or repair shop receives the motor
vehicle, giving the engine number, registration number, and the
name and address of the owner or operator of the vehicle.
SECTION 6. Section 550.068, Transportation Code, is amended
to read as follows:
Sec. 550.068. CHANGING ACCIDENT REPORT. (a) Except as
provided by Subsection (b), a change in or a modification of a
written report of a motor vehicle accident prepared by a peace
officer [or the operator of a vehicle involved in an accident] that
alters a material fact in the report may be made only by the peace
officer [or person] who prepared the report.
(b) A change in or a modification of the written report of
the accident may be made by a person other than the peace officer
[or the operator of the vehicle] if:
(1) the change is made by a written supplement to the
report; and
(2) the written supplement clearly indicates the name
of the person who originated the change.
SECTION 7. Section 601.005, Transportation Code, is amended
to read as follows:
Sec. 601.005. EVIDENCE IN CIVIL SUIT. A [On the filing of a
report under Section 601.004, a] person at a trial for damages may
not refer to or offer as evidence of the negligence or due care of a
party:
(1) an action taken by the department under this
chapter;
(2) the findings on which that action is based; or
(3) the security or evidence of financial
responsibility filed under this chapter.
SECTION 8. Sections 601.007(b) and (c), Transportation
Code, are amended to read as follows:
(b) The provisions of this chapter[, other than Section
601.004,] do not apply to an officer, agent, or employee of the
United States, this state, or a political subdivision of this state
while operating a government vehicle in the course of that person's
employment.
(c) The provisions of this chapter, other than Section
[Sections 601.004 and] 601.054, do not apply to a motor vehicle that
is subject to Chapter 643.
SECTION 9. Section 601.154(c), Transportation Code, is
amended to read as follows:
(c) In determining whether there is a reasonable
probability that a judgment will be rendered against the person as a
result of an accident and the amount of security that is sufficient
under Subsection (a), the department may consider:
(1) a report of an investigating officer; and
(2) [an accident report of a party involved; and
[(3)] an affidavit of a person who has knowledge of the
facts.
SECTION 10. Sections 730.003(4) and (6), Transportation
Code, are amended to read as follows:
(4) "Motor vehicle record" means a record that
pertains to a motor vehicle operator's or driver's license or
permit, motor vehicle registration, motor vehicle title, or
identification document issued by an agency of this state or a local
agency authorized to issue an identification document. The term
does not include:
(A) a record that pertains to a motor carrier; or
(B) an accident report prepared under:
(i) Chapter 550; or
(ii) former Section 601.004 before
September 1, 2017 [601].
(6) "Personal information" means information that
identifies a person, including an individual's photograph or
computerized image, social security number, driver identification
number, name, address, but not the zip code, telephone number, and
medical or disability information. The term does not include:
(A) information on vehicle accidents, driving or
equipment-related violations, or driver's license or registration
status; or
(B) information contained in an accident report
prepared under:
(i) Chapter 550; or
(ii) former Section 601.004 before
September 1, 2017 [601].
SECTION 11. Sections 550.061 and 601.004, Transportation
Code, are repealed.
SECTION 12. This Act takes effect September 1, 2017.