86R9131 JRR/SCL-D
By: Craddick H.B. No. 2679
A BILL TO BE ENTITLED
AN ACT
relating to damage to certain state transportation infrastructure
resulting from certain motor vehicle accidents; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 545, Transportation Code,
is amended by adding Section 545.428 to read as follows:
Sec. 545.428. RECKLESS DAMAGE TO CERTAIN STATE
TRANSPORTATION INFRASTRUCTURE BY OPERATOR OF COMMERCIAL MOTOR
VEHICLE; OFFENSE. (a) A person commits an offense if:
(1) the person recklessly operates a commercial motor
vehicle, as that term is defined by Section 644.001; and
(2) as a result of the conduct described by
Subdivision (1), the person is involved in an accident that causes
damage to a highway or other transportation infrastructure,
including a bridge, tunnel, overpass, or other structure, that is
part of the state highway system.
(b) An offense under this section is a Class C misdemeanor.
SECTION 2. Chapter 601, Transportation Code, is amended by
adding Subchapter O to read as follows:
SUBCHAPTER O. DEPARTMENT CLAIMS FOR DAMAGE TO STATE TRANSPORTATION
INFRASTRUCTURE
Sec. 601.501. DEFINITIONS. Notwithstanding Section
601.002, in this subchapter:
(1) "Commission" means the Texas Transportation
Commission.
(2) "Department" means the Texas Department of
Transportation.
Sec. 601.502. SUBMISSION OF CLAIM. If an operator of a
motor vehicle is responsible for an accident that causes damage to
transportation infrastructure that is part of the state highway
system, including a highway, bridge, tunnel, overpass, highway
sign, or other highway structure, the department may file a claim
against the owner of the motor vehicle by:
(1) submitting the claim to the owner's insurer if the
owner maintains motor vehicle liability insurance for the motor
vehicle; or
(2) submitting the claim to the owner if the owner
establishes financial responsibility under Subchapter E.
Sec. 601.503. PROMPT PAYMENT OF CLAIMS. (a) If the
department files a claim with an owner's insurer under Section
601.502(1), the insurer shall process the claim in the form and
manner provided by Subchapter B, Chapter 542, Insurance Code, as if
the department's claim is a claim as defined by Section 542.051,
Insurance Code.
(b) If the department files a claim with the owner under
Section 601.502(2), the owner shall process the claim in the form
and manner provided by Subchapter B, Chapter 542, Insurance Code,
as if:
(1) the department's claim is a claim as defined by
Section 542.051, Insurance Code; and
(2) the owner is an authorized insurer.
Sec. 601.504. REMEDIES. In a claim filed under this
subchapter, the department may recover the estimated cost to repair
or replace the damaged infrastructure, including engineering and
inspection costs associated with repairs and determination of the
damage to the infrastructure, and:
(1) the remedies described by Section 542.060,
Insurance Code, if the owner's insurer or the owner, as applicable,
fails to process the claim in accordance with Section 601.503; or
(2) if the owner's insurer or the owner, as applicable,
complies with Section 601.503 but denies the department's claim and
the department prevails in a suit against the owner, the costs
incurred in bringing the suit, including reasonable attorney's fees
and court costs, if the department prevails in the suit.
Sec. 601.505. RULES. The commission shall adopt rules
necessary to implement this subchapter, including rules on
initiation of claims under this subchapter and expediting repair or
replacement of damaged infrastructure that is the subject of a
claim under this subchapter.
SECTION 3. This Act takes effect September 1, 2019.