| 1 | 1 | | 86R9131 JRR/SCL-D |
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| 2 | 2 | | By: Craddick H.B. No. 2679 |
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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 damage to certain state transportation infrastructure |
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| 8 | 8 | | resulting from certain motor vehicle accidents; creating a criminal |
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| 9 | 9 | | offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter I, Chapter 545, Transportation Code, |
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| 12 | 12 | | is amended by adding Section 545.428 to read as follows: |
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| 13 | 13 | | Sec. 545.428. RECKLESS DAMAGE TO CERTAIN STATE |
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| 14 | 14 | | TRANSPORTATION INFRASTRUCTURE BY OPERATOR OF COMMERCIAL MOTOR |
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| 15 | 15 | | VEHICLE; OFFENSE. (a) A person commits an offense if: |
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| 16 | 16 | | (1) the person recklessly operates a commercial motor |
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| 17 | 17 | | vehicle, as that term is defined by Section 644.001; and |
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| 18 | 18 | | (2) as a result of the conduct described by |
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| 19 | 19 | | Subdivision (1), the person is involved in an accident that causes |
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| 20 | 20 | | damage to a highway or other transportation infrastructure, |
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| 21 | 21 | | including a bridge, tunnel, overpass, or other structure, that is |
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| 22 | 22 | | part of the state highway system. |
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| 23 | 23 | | (b) An offense under this section is a Class C misdemeanor. |
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| 24 | 24 | | SECTION 2. Chapter 601, Transportation Code, is amended by |
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| 25 | 25 | | adding Subchapter O to read as follows: |
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| 26 | 26 | | SUBCHAPTER O. DEPARTMENT CLAIMS FOR DAMAGE TO STATE TRANSPORTATION |
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| 27 | 27 | | INFRASTRUCTURE |
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| 28 | 28 | | Sec. 601.501. DEFINITIONS. Notwithstanding Section |
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| 29 | 29 | | 601.002, in this subchapter: |
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| 30 | 30 | | (1) "Commission" means the Texas Transportation |
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| 31 | 31 | | Commission. |
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| 32 | 32 | | (2) "Department" means the Texas Department of |
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| 33 | 33 | | Transportation. |
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| 34 | 34 | | Sec. 601.502. SUBMISSION OF CLAIM. If an operator of a |
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| 35 | 35 | | motor vehicle is responsible for an accident that causes damage to |
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| 36 | 36 | | transportation infrastructure that is part of the state highway |
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| 37 | 37 | | system, including a highway, bridge, tunnel, overpass, highway |
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| 38 | 38 | | sign, or other highway structure, the department may file a claim |
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| 39 | 39 | | against the owner of the motor vehicle by: |
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| 40 | 40 | | (1) submitting the claim to the owner's insurer if the |
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| 41 | 41 | | owner maintains motor vehicle liability insurance for the motor |
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| 42 | 42 | | vehicle; or |
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| 43 | 43 | | (2) submitting the claim to the owner if the owner |
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| 44 | 44 | | establishes financial responsibility under Subchapter E. |
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| 45 | 45 | | Sec. 601.503. PROMPT PAYMENT OF CLAIMS. (a) If the |
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| 46 | 46 | | department files a claim with an owner's insurer under Section |
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| 47 | 47 | | 601.502(1), the insurer shall process the claim in the form and |
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| 48 | 48 | | manner provided by Subchapter B, Chapter 542, Insurance Code, as if |
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| 49 | 49 | | the department's claim is a claim as defined by Section 542.051, |
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| 50 | 50 | | Insurance Code. |
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| 51 | 51 | | (b) If the department files a claim with the owner under |
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| 52 | 52 | | Section 601.502(2), the owner shall process the claim in the form |
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| 53 | 53 | | and manner provided by Subchapter B, Chapter 542, Insurance Code, |
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| 54 | 54 | | as if: |
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| 55 | 55 | | (1) the department's claim is a claim as defined by |
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| 56 | 56 | | Section 542.051, Insurance Code; and |
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| 57 | 57 | | (2) the owner is an authorized insurer. |
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| 58 | 58 | | Sec. 601.504. REMEDIES. In a claim filed under this |
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| 59 | 59 | | subchapter, the department may recover the estimated cost to repair |
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| 60 | 60 | | or replace the damaged infrastructure, including engineering and |
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| 61 | 61 | | inspection costs associated with repairs and determination of the |
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| 62 | 62 | | damage to the infrastructure, and: |
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| 63 | 63 | | (1) the remedies described by Section 542.060, |
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| 64 | 64 | | Insurance Code, if the owner's insurer or the owner, as applicable, |
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| 65 | 65 | | fails to process the claim in accordance with Section 601.503; or |
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| 66 | 66 | | (2) if the owner's insurer or the owner, as applicable, |
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| 67 | 67 | | complies with Section 601.503 but denies the department's claim and |
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| 68 | 68 | | the department prevails in a suit against the owner, the costs |
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| 69 | 69 | | incurred in bringing the suit, including reasonable attorney's fees |
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| 70 | 70 | | and court costs, if the department prevails in the suit. |
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| 71 | 71 | | Sec. 601.505. RULES. The commission shall adopt rules |
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| 72 | 72 | | necessary to implement this subchapter, including rules on |
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| 73 | 73 | | initiation of claims under this subchapter and expediting repair or |
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| 74 | 74 | | replacement of damaged infrastructure that is the subject of a |
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| 75 | 75 | | claim under this subchapter. |
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| 76 | 76 | | SECTION 3. This Act takes effect September 1, 2019. |
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