| 1 | 1 | | 86R2142 BEE-D |
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| 2 | 2 | | By: Minjarez H.B. No. 119 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to liability for and reporting of accidents involving |
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| 8 | 8 | | certain motor vehicles. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter J, Chapter 545, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 545.457 to read as follows: |
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| 12 | 12 | | Sec. 545.457. LIABILITY OF MANUFACTURER OF MODIFIED |
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| 13 | 13 | | AUTOMATED MOTOR VEHICLE. (a) The manufacturer of an automated |
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| 14 | 14 | | motor vehicle is not liable for damage that arises from an accident |
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| 15 | 15 | | involving the vehicle if a person other than the manufacturer |
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| 16 | 16 | | modified or attempted to modify the vehicle without the |
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| 17 | 17 | | manufacturer's consent and: |
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| 18 | 18 | | (1) the modification or attempted modification of the |
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| 19 | 19 | | vehicle was the direct cause of the accident; or |
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| 20 | 20 | | (2) the modification or attempted modification of the |
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| 21 | 21 | | vehicle interfered with the normal operation of the vehicle. |
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| 22 | 22 | | (b) Subsection (a) does not apply if the damage that arises |
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| 23 | 23 | | from an accident involving an automated motor vehicle is caused by a |
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| 24 | 24 | | defect that was present at the time of the vehicle's manufacture or |
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| 25 | 25 | | first sale. |
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| 26 | 26 | | SECTION 2. Section 550.064(b), Transportation Code, is |
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| 27 | 27 | | amended to read as follows: |
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| 28 | 28 | | (b) An accident report form prepared by the department must: |
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| 29 | 29 | | (1) require sufficiently detailed information to |
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| 30 | 30 | | disclose the cause and conditions of and the persons and vehicles |
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| 31 | 31 | | involved in an accident if the form is for the report to be made by a |
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| 32 | 32 | | person investigating the accident; |
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| 33 | 33 | | (2) include a way to designate and identify a peace |
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| 34 | 34 | | officer, firefighter, or emergency medical services employee who is |
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| 35 | 35 | | involved in an accident while driving a law enforcement vehicle, |
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| 36 | 36 | | fire department vehicle, or emergency medical services vehicle |
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| 37 | 37 | | while performing the person's duties; |
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| 38 | 38 | | (3) require a statement by a person described by |
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| 39 | 39 | | Subdivision (2) as to the nature of the accident; [and] |
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| 40 | 40 | | (4) include a way to designate whether an individual |
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| 41 | 41 | | involved in an accident wants to be contacted by a person seeking to |
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| 42 | 42 | | obtain employment as a professional described by Section 38.01(12), |
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| 43 | 43 | | Penal Code; |
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| 44 | 44 | | (5) include a way to indicate whether: |
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| 45 | 45 | | (A) an automated motor vehicle as defined by |
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| 46 | 46 | | Section 545.451 was at fault or otherwise involved in the accident; |
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| 47 | 47 | | and |
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| 48 | 48 | | (B) the owner of an automated motor vehicle |
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| 49 | 49 | | involved in the accident was contacted; and |
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| 50 | 50 | | (6) include a way to indicate whether an oversize or |
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| 51 | 51 | | overweight vehicle described by Subtitle E was at fault or |
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| 52 | 52 | | otherwise involved in the accident. |
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| 53 | 53 | | SECTION 3. Section 545.457, Transportation Code, as added |
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| 54 | 54 | | by this Act, applies only to a cause of action that accrues on or |
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| 55 | 55 | | after the effective date of this Act. |
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| 56 | 56 | | SECTION 4. This Act takes effect September 1, 2019. |
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