TX
Texas House Bill HB3325

Texas 2021 - 87th Regular

Texas House Bill HB3325 Compare Versions

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1+87R10172 MP-D
12 By: Lozano H.B. No. 3325
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34
45 A BILL TO BE ENTITLED
56 AN ACT
67 relating to the terminology used to describe
78 transportation-related accidents.
89 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
910 SECTION 1. Section 22.085(b), Transportation Code, is
1011 amended to read as follows:
1112 (b) A joint board may use contracts and rating plans and may
1213 implement risk management programs designed to prevent crashes
1314 [accidents]. In developing its insurance program, a joint board
1415 may consider the peculiar hazards, indemnity standards, and past
1516 prospective loss and expense experience of the joint board and of
1617 its contractors and subcontractors.
1718 SECTION 2. Section 66.017, Transportation Code, is amended
1819 to read as follows:
1920 Sec. 66.017. DUTIES. The board shall:
2021 (1) establish the number of pilots necessary to
2122 provide adequate pilot services for each Harris County port;
2223 (2) accept applications for pilot licenses and
2324 certificates and determine whether each applicant meets the
2425 qualifications for a pilot;
2526 (3) submit to the governor lists of applicants the
2627 board finds to be qualified for appointment as pilots;
2728 (4) establish pilotage rates;
2829 (5) approve the locations for pilot stations;
2930 (6) establish times during which pilot services will
3031 be available;
3132 (7) hear and determine complaints relating to the
3233 conduct of pilots;
3334 (8) recommend to the governor each pilot whose license
3435 or certificate should not be renewed or should be revoked;
3536 (9) adopt rules and issue orders to pilots or vessels
3637 when necessary to secure efficient pilot services, including
3738 minimizing the interference of two-way routes;
3839 (10) institute investigations or hearings or both to
3940 consider casualties, crashes [accidents], or other actions that
4041 violate this chapter; and
4142 (11) provide penalties to be imposed on a person who is
4243 not a pilot for a Harris County port who pilots a vessel into or out
4344 of the port if a pilot offered those services to the vessel.
4445 SECTION 3. Section 67.017, Transportation Code, is amended
4546 to read as follows:
4647 Sec. 67.017. DUTIES. The board shall:
4748 (1) recommend to the governor the number of pilots
4849 necessary to provide adequate pilot services for each Galveston
4950 County port;
5051 (2) accept applications for pilot licenses and
5152 certificates and determine whether each applicant meets the
5253 qualifications for a pilot;
5354 (3) provide names of all qualified applicants for
5455 certificates to each pilot association office of Galveston County;
5556 (4) submit to the governor the names of persons who
5657 have qualified under this chapter to be appointed as branch pilots;
5758 (5) establish pilotage rates;
5859 (6) approve any changes of the locations for pilot
5960 stations;
6061 (7) establish times during which pilot services will
6162 be available;
6263 (8) hear and determine complaints relating to the
6364 conduct of pilots;
6465 (9) make recommendations to the governor concerning
6566 any pilot whose license or certificate should not be renewed or
6667 should be revoked;
6768 (10) adopt rules and issue orders to pilots and
6869 vessels when necessary to secure efficient pilot services;
6970 (11) institute investigations or hearings or both to
7071 consider casualties, crashes [accidents], or other actions that
7172 violate this chapter;
7273 (12) provide penalties to be imposed on a person who is
7374 not a pilot for a Galveston County port and who pilots a vessel into
7475 or out of the port; and
7576 (13) approve a training program for deputy branch
7677 pilots.
7778 SECTION 4. Section 68.017, Transportation Code, is amended
7879 to read as follows:
7980 Sec. 68.017. DUTIES. The board shall:
8081 (1) recommend to the governor the number of pilots
8182 necessary to provide adequate pilot services for each Brazoria
8283 County port;
8384 (2) accept applications for pilot licenses and
8485 certificates and determine whether each applicant meets the
8586 qualifications for a pilot;
8687 (3) provide the names of all qualified applicants for
8788 certificates to the Brazos Pilots Association;
8889 (4) submit to the governor the names of persons who
8990 have qualified under this chapter to be commissioned as branch
9091 pilots;
9192 (5) establish pilotage rates;
9293 (6) approve the locations for pilot stations;
9394 (7) establish times during which pilot services will
9495 be available;
9596 (8) hear and determine complaints relating to the
9697 conduct of pilots;
9798 (9) recommend to the governor each pilot whose license
9899 or certificate should not be renewed or should be revoked;
99100 (10) adopt rules and issue orders to pilots or vessels
100101 when necessary to secure efficient pilot services;
101102 (11) institute investigations or hearings or both to
102103 consider casualties, crashes [accidents], or other actions that
103104 violate this chapter;
104105 (12) provide penalties to be imposed on a person who is
105106 not a pilot for a Brazoria County port who pilots a vessel into or
106107 out of the port; and
107108 (13) approve a training program for deputy branch
108109 pilots.
109110 SECTION 5. Sections 69.017(a) and (c), Transportation Code,
110111 are amended to read as follows:
111112 (a) The board shall:
112113 (1) establish the number of pilots necessary to
113114 provide adequate pilot services for each Jefferson or Orange County
114115 port;
115116 (2) establish pilotage rates;
116117 (3) hear and determine complaints relating to the
117118 conduct of pilots;
118119 (4) make recommendations to the governor concerning
119120 any pilot whose license or certificate should not be renewed or
120121 should be revoked;
121122 (5) adopt rules and issue orders to pilots and vessels
122123 when necessary to secure efficient pilot services;
123124 (6) institute investigations or hearings or both to
124125 consider casualties, crashes [accidents], or other actions that
125126 violate this chapter;
126127 (7) provide penalties to be imposed on a person who is
127128 not a pilot for a Jefferson or Orange County port and who pilots a
128129 vessel into or out of the port if the person offered pilot services
129130 to the vessel;
130131 (8) establish times during which pilot services will
131132 be available;
132133 (9) accept applications for pilot licenses and
133134 certificates and determine whether each applicant meets the
134135 qualifications for a pilot;
135136 (10) submit to the governor the names of persons who
136137 have qualified under this chapter to be appointed as branch pilots;
137138 and
138139 (11) approve any changes of the locations of pilot
139140 stations.
140141 (c) The board may assess against the users of pilot
141142 services:
142143 (1) the actual costs the board considers fair and just
143144 incurred in connection with hearings against any applicant or
144145 objecting party; and
145146 (2) other expenses that are necessary and proper to
146147 enable the board to effectively carry out the purposes and
147148 requirements of this chapter, including processing of applications
148149 for pilot licenses and certificates, establishing pilotage,
149150 determining and approving the locations for pilot stations,
150151 establishing times during which pilot services will be available,
151152 hearing and ruling on complaints relating to the conduct of pilots,
152153 adopting rules and issuing orders to pilots or vessels when
153154 necessary to secure efficient pilot services, instituting
154155 investigations or hearings to consider casualties, crashes
155156 [accidents], or other actions that violate this chapter, making of
156157 any provision for proper, safe, and efficient pilotage, and funding
157158 general administrative expenses associated with the operation of
158159 the board.
159160 SECTION 6. Section 70.017, Transportation Code, is amended
160161 to read as follows:
161162 Sec. 70.017. DUTIES. The board shall:
162163 (1) recommend to the governor the number of pilots
163164 necessary to provide adequate pilot services for the Port of Corpus
164165 Christi;
165166 (2) examine and determine the qualifications of each
166167 applicant for branch pilot;
167168 (3) submit to the governor the names of persons who
168169 have qualified under this chapter to be appointed as branch pilots;
169170 (4) establish pilotage rates;
170171 (5) approve any changes of the locations of pilot
171172 stations;
172173 (6) establish times during which pilot services will
173174 be available;
174175 (7) hear and determine complaints relating to the
175176 conduct of pilots;
176177 (8) make recommendations to the governor concerning
177178 any pilot whose license or certificate should not be renewed or
178179 should be revoked;
179180 (9) adopt rules and issue orders to pilots and vessels
180181 when necessary to secure efficient pilot services; and
181182 (10) institute investigations or hearings or both to
182183 consider casualties, crashes [accidents], or other actions that
183184 violate this chapter.
184185 SECTION 7. Sections 112.103(b) and (c), Transportation
185186 Code, are amended to read as follows:
186187 (b) An operator who is involved, while operating a
187188 locomotive, in a crash [an accident] resulting in injury to or death
188189 of a person or damage to a vehicle that is driven or attended by a
189190 person shall immediately stop the locomotive at the scene of the
190191 crash [accident].
191192 (c) The operator shall render to a person injured in the
192193 crash [accident] reasonable assistance, including transporting, or
193194 the making of arrangements for transporting, the person to a
194195 physician, surgeon, or hospital for medical or surgical treatment
195196 if it is apparent that treatment is necessary or if the injured
196197 person requests transportation.
197198 SECTION 8. Section 192.005, Transportation Code, is amended
198199 to read as follows:
199200 Sec. 192.005. RECORD OF CRASH [ACCIDENT] OR VIOLATION. If
200201 a person operating a railroad locomotive or train is involved in a
201202 crash [an accident] with another train or a motor vehicle or is
202203 arrested for violation of a law relating to the person's operation
203204 of a railroad locomotive or train:
204205 (1) the number of or other identifying information on
205206 the person's driver's license or commercial driver's license may not
206207 be included in any report of the crash [accident] or violation; and
207208 (2) the person's involvement in the crash [accident]
208209 or violation may not be recorded in the person's individual driving
209210 record maintained by the Department of Public Safety.
210211 SECTION 9. Section 201.806, Transportation Code, is amended
211212 to read as follows:
212213 Sec. 201.806. CRASH [ACCIDENT] REPORTS. (a) The
213214 department shall:
214215 (1) tabulate and analyze the vehicle crash [accident]
215216 reports it receives; and
216217 (2) annually or more frequently publish on the
217218 department's Internet website statistical information derived from
218219 the crash [accident] reports as to the number, cause, and location
219220 of highway crashes [accidents], including information regarding
220221 the number of:
221222 (A) crashes [accidents] involving injury to,
222223 death of, or property damage to a bicyclist or pedestrian; and
223224 (B) fatalities caused by a bridge collapse, as
224225 defined by Section 550.081.
225226 (b) The department shall provide electronic access to the
226227 system containing the crash [accident] reports so that the
227228 Department of Public Safety can perform its duties, including the
228229 duty to make timely entries on driver records.
229230 SECTION 10. Sections 201.909(a), (b), and (c),
230231 Transportation Code, are amended to read as follows:
231232 (a) In this section, "victim" means a person killed in a
232233 highway crash [accident] involving alcohol or a controlled
233234 substance, excluding an operator who was under the influence of
234235 alcohol or a controlled substance.
235236 (b) The commission by rule shall establish and administer a
236237 memorial sign program to publicly memorialize the victims of
237238 alcohol or controlled substance-related vehicle crashes
238239 [accidents].
239240 (c) A sign designed and posted under this section shall
240241 include:
241242 (1) the phrase "Please Don't Drink and Drive";
242243 (2) the phrase "In Memory Of" and the name of one or
243244 more victims in accordance with the commission rule; and
244245 (3) the date of the crash [accident] that resulted in
245246 the victim's death.
246247 SECTION 11. Sections 201.911(a), (b), and (c),
247248 Transportation Code, are amended to read as follows:
248249 (a) In this section, "victim" means a person killed in a
249250 highway crash [accident] while operating or riding on a motorcycle.
250251 (b) The commission by rule shall establish and administer a
251252 memorial sign program to publicly memorialize the victims of
252253 motorcycle crashes [accidents].
253254 (c) A sign designed and posted under this section shall
254255 include:
255256 (1) a red cross;
256257 (2) the phrase "In Memory Of" and the name of one or
257258 more victims in accordance with the commission rule; and
258259 (3) the date of the crash [accident] that resulted in
259260 the victim's death.
260261 SECTION 12. Section 222.003(d), Transportation Code, is
261262 amended to read as follows:
262263 (d) Of the aggregate principal amount of bonds and other
263264 public securities that may be issued under this section, the
264265 commission shall issue bonds or other public securities in an
265266 aggregate principal amount of $1.2 billion to fund projects that
266267 reduce crashes [accidents] or correct or improve hazardous
267268 locations on the state highway system. The commission by rule
268269 shall prescribe criteria for selecting projects eligible for
269270 funding under this section. In establishing criteria for the
270271 projects, the commission shall consider crash [accident] data,
271272 traffic volume, pavement geometry, and other conditions that can
272273 create or exacerbate hazardous roadway conditions.
273274 SECTION 13. Section 391.038(c-2), Transportation Code, is
274275 amended to read as follows:
275276 (c-2) Subsection (c-1) does not apply to the rebuilding of a
276277 sign under Subsection (c) if the person who holds the permit for the
277278 sign rebuilds because of damage to the sign caused by:
278279 (1) wind or a natural disaster;
279280 (2) a motor vehicle crash [accident]; or
280281 (3) an act of God.
281282 SECTION 14. Section 451.108(c), Transportation Code, is
282283 amended to read as follows:
283284 (c) A peace officer commissioned under this section, except
284285 as provided by Subsections (d) and (e), or a peace officer
285286 contracted for employment by an authority confirmed before July 1,
286287 1985, in which the principal municipality has a population of less
287288 than 850,000, may:
288289 (1) make an arrest in any county in which the transit
289290 authority system is located as necessary to prevent or abate the
290291 commission of an offense against the law of this state or a
291292 political subdivision of this state if the offense or threatened
292293 offense occurs on or involves the transit authority system;
293294 (2) make an arrest for an offense involving injury or
294295 detriment to the transit authority system;
295296 (3) enforce traffic laws and investigate traffic
296297 crashes [accidents] that involve or occur in the transit authority
297298 system; and
298299 (4) provide emergency and public safety services to
299300 the transit authority system or users of the transit authority
300301 system.
301302 SECTION 15. Section 451.454(c), Transportation Code, is
302303 amended to read as follows:
303304 (c) Each audit must include an examination of:
304305 (1) one or more of the following:
305306 (A) the administration and management of the
306307 authority;
307308 (B) transit operations; or
308309 (C) transit authority system maintenance;
309310 (2) the authority's compliance with applicable state
310311 law, including this chapter; and
311312 (3) the following performance indicators:
312313 (A) operating cost per passenger, per revenue
313314 mile, and per revenue hour;
314315 (B) sales and use tax receipts per passenger;
315316 (C) fare recovery rate;
316317 (D) average vehicle occupancy;
317318 (E) on-time performance;
318319 (F) number of crashes [accidents] per 100,000
319320 miles; and
320321 (G) number of miles between mechanical road
321322 calls.
322323 SECTION 16. Section 451.455(h), Transportation Code, is
323324 amended to read as follows:
324325 (h) The number of crashes [accidents] per 100,000 miles is
325326 computed by multiplying the annual number of crashes [accidents] by
326327 100,000 and dividing the product by the number of miles for all
327328 service, including charter and nonrevenue service, directly
328329 operated by the authority for the same period. In this subsection,
329330 "crash [accident]" includes:
330331 (1) a collision that involves an authority's revenue
331332 vehicle, other than a lawfully parked revenue vehicle, and that
332333 results in property damage, injury, or death; and
333334 (2) an incident that results in the injury or death of
334335 a person on board or boarding or alighting from an authority's
335336 revenue vehicle.
336337 SECTION 17. Section 452.062(b), Transportation Code, is
337338 amended to read as follows:
338339 (b) An authority may use contracts, rating plans, and risk
339340 management programs designed to encourage crash [accident]
340341 prevention.
341342 SECTION 18. Section 452.454(c), Transportation Code, is
342343 amended to read as follows:
343344 (c) Each audit must include an examination of:
344345 (1) one or more of the following:
345346 (A) the administration and management of the
346347 authority;
347348 (B) transit operations; or
348349 (C) transit authority system maintenance;
349350 (2) the authority's compliance with applicable state
350351 law, including this chapter; and
351352 (3) the following performance indicators:
352353 (A) subsidy per passenger, operating cost per
353354 revenue mile, and operating cost per revenue hour;
354355 (B) sales and use tax receipts per passenger;
355356 (C) fare recovery rate;
356357 (D) number of passengers per hour;
357358 (E) on-time performance;
358359 (F) number of crashes [accidents] per 100,000
359360 miles; and
360361 (G) number of miles between mechanical service
361362 calls.
362363 SECTION 19. Section 452.455(i), Transportation Code, is
363364 amended to read as follows:
364365 (i) The number of crashes [accidents] per 100,000 miles is
365366 computed by multiplying the annual number of crashes [accidents] by
366367 100,000 and dividing the product by the number of miles for all
367368 service, including charter and nonrevenue service for the same
368369 period. In this subsection, "crash [accident]" includes:
369370 (1) a collision that involves an authority's revenue
370371 vehicle, other than a lawfully parked revenue vehicle, and results
371372 in property damage, injury, or death; and
372373 (2) an operating incident resulting in the injury or
373374 death of a person on board or boarding or alighting from an
374375 authority's revenue vehicle.
375376 SECTION 20. Section 460.110(b), Transportation Code, is
376377 amended to read as follows:
377378 (b) An authority may use contracts, rating plans, and risk
378379 management programs designed to encourage crash [accident]
379380 prevention.
380381 SECTION 21. Section 463.065(b), Transportation Code, is
381382 amended to read as follows:
382383 (b) An authority may use contracts, rating plans, and risk
383384 management programs designed to encourage crash [accident]
384385 prevention.
385386 SECTION 22. Section 521.025(c), Transportation Code, is
386387 amended to read as follows:
387388 (c) A person who violates this section commits an
388389 offense. An offense under this subsection is a misdemeanor
389390 punishable by a fine not to exceed $200, except that:
390391 (1) for a second conviction within one year after the
391392 date of the first conviction, the offense is a misdemeanor
392393 punishable by a fine of not less than $25 or more than $200;
393394 (2) for a third or subsequent conviction within one
394395 year after the date of the second conviction the offense is a
395396 misdemeanor punishable by:
396397 (A) a fine of not less than $25 or more than $500;
397398 (B) confinement in the county jail for not less
398399 than 72 hours or more than six months; or
399400 (C) both the fine and confinement; and
400401 (3) if it is shown on the trial of the offense that at
401402 the time of the offense the person was operating the motor vehicle
402403 in violation of Section 601.191 and caused or was at fault in a
403404 motor vehicle crash [accident] that resulted in serious bodily
404405 injury to or the death of another person, an offense under this
405406 section is a Class A misdemeanor.
406407 SECTION 23. Section 521.042, Transportation Code, is
407408 amended to read as follows:
408409 Sec. 521.042. CRASH [ACCIDENT] AND CONVICTION REPORTS;
409410 INDIVIDUAL RECORDS. (a) Except as provided by this section, the
410411 department shall record each crash [accident] report and abstract
411412 of the court record of a conviction received by the department under
412413 a law of this state.
413414 (b) The records must enable the department to consider, on
414415 receipt of a renewal application and at other suitable times, the
415416 record of each license holder that shows any:
416417 (1) conviction of that license holder; and
417418 (2) traffic crash [accident] in which the license
418419 holder has been involved.
419420 (c) The record of a license holder who is employed as a peace
420421 officer, fire fighter, or emergency medical services employee of
421422 this state, a political subdivision of this state, or a special
422423 purpose district may not include information relating to a traffic
423424 crash [accident] that occurs while the peace officer, fire fighter,
424425 or emergency medical services employee is driving an official
425426 vehicle in the course and scope of the license holder's official
426427 duties if:
427428 (1) the traffic crash [accident] resulted in damages
428429 to property of less than $1,000; or
429430 (2) an investigation of the crash [accident] by a
430431 peace officer, other than a peace officer involved in the crash
431432 [accident], determines that the peace officer, fire fighter, or
432433 emergency medical services employee involved in the crash
433434 [accident] was not at fault.
434435 (d) Before issuing or renewing a license, the department
435436 shall examine the record of the applicant for information relating
436437 to a conviction of a traffic violation or involvement in a traffic
437438 crash [accident]. The department may not issue or renew a license
438439 if the department determines that the issuance or renewal of the
439440 license would be inimical to the public safety.
440441 (e) The director may maintain records required under this
441442 subchapter on microfilm or computer.
442443 SECTION 24. The heading to Section 521.046, Transportation
443444 Code, is amended to read as follows:
444445 Sec. 521.046. DISCLOSURE OF CRASH [ACCIDENT] AND CONVICTION
445446 INFORMATION.
446447 SECTION 25. Section 521.046(a), Transportation Code, is
447448 amended to read as follows:
448449 (a) In addition to the information authorized to be released
449450 under Section 521.045, on receipt of a written request and payment
450451 of a $6 fee, the department may disclose that information and
451452 information regarding each reported motor vehicle moving
452453 violation, as defined by department rule, resulting in a traffic
453454 law conviction and each motor vehicle crash [accident] in which the
454455 individual received a citation, by date and location, within the
455456 three years preceding the date of the request, to a person who:
456457 (1) is eligible to receive the information under
457458 Chapter 730; and
458459 (2) submits to the department the individual's
459460 driver's license number or the individual's full name and date of
460461 birth.
461462 SECTION 26. Section 521.047(b), Transportation Code, is
462463 amended to read as follows:
463464 (b) The department may disclose information as recorded in
464465 department records that relates to:
465466 (1) the individual's date of birth;
466467 (2) the current license status of the individual;
467468 (3) the individual's most recent address;
468469 (4) the completion of an approved driver education
469470 course by the individual;
470471 (5) the fact of, but not the reason for, completion of
471472 a driver safety course by the individual; and
472473 (6) each of the individual's reported traffic law
473474 violations and motor vehicle crashes [accidents], by date and
474475 location.
475476 SECTION 27. Section 521.049(e), Transportation Code, is
476477 amended to read as follows:
477478 (e) A driver's license record or personal identification
478479 certificate record provided under Subsection (d)(1) may not include
479480 information relating to an individual's social security number or
480481 any crash [accident] or conviction information about an individual.
481482 SECTION 28. Section 521.060(a), Transportation Code, is
482483 amended to read as follows:
483484 (a) The department shall maintain in its files a record of
484485 the name, address, and telephone number of each individual
485486 identified by the holder of a driver's license or personal
486487 identification certificate as an individual the holder authorizes
487488 to be contacted in the event that the holder is injured or dies in or
488489 as a result of a vehicular crash [accident] or another emergency
489490 situation. In addition, the department shall maintain in its files
490491 a record of any medical information described by Section 521.125(a)
491492 that is provided to the department under Subsection (c) or any
492493 health condition information that is voluntarily provided to the
493494 department under Section 521.142(h).
494495 SECTION 29. Section 521.292(a), Transportation Code, is
495496 amended to read as follows:
496497 (a) The department shall suspend the person's license if the
497498 department determines that the person:
498499 (1) has operated a motor vehicle on a highway while the
499500 person's license was suspended, canceled, disqualified, or
500501 revoked, or without a license after an application for a license was
501502 denied;
502503 (2) is a habitually reckless or negligent operator of
503504 a motor vehicle;
504505 (3) is a habitual violator of the traffic laws;
505506 (4) has permitted the unlawful or fraudulent use of
506507 the person's license;
507508 (5) has committed an offense in another state or
508509 Canadian province that, if committed in this state, would be
509510 grounds for suspension;
510511 (6) has been convicted of two or more separate
511512 offenses of a violation of a restriction imposed on the use of the
512513 license;
513514 (7) has been responsible as a driver for any crash
514515 [accident] resulting in serious personal injury or serious property
515516 damage;
516517 (8) is under 18 years of age and has been convicted of
517518 two or more moving violations committed within a 12-month period;
518519 or
519520 (9) has committed an offense under Section 545.421.
520521 SECTION 30. Section 521.457(f-2), Transportation Code, is
521522 amended to read as follows:
522523 (f-2) An offense under this section is a Class A misdemeanor
523524 if it is shown on the trial of the offense that at the time of the
524525 offense the person was operating the motor vehicle in violation of
525526 Section 601.191 and caused or was at fault in a motor vehicle crash
526527 [accident] that resulted in serious bodily injury to or the death of
527528 another person.
528529 SECTION 31. Section 522.003(25), Transportation Code, is
529530 amended to read as follows:
530531 (25) "Serious traffic violation" means:
531532 (A) a conviction arising from the driving of a
532533 motor vehicle, other than a parking, vehicle weight, or vehicle
533534 defect violation, for:
534535 (i) excessive speeding, involving a single
535536 charge of driving 15 miles per hour or more above the posted speed
536537 limit;
537538 (ii) reckless driving, as defined by state
538539 or local law;
539540 (iii) a violation of a state or local law
540541 related to motor vehicle traffic control, including a law
541542 regulating the operation of vehicles on highways, arising in
542543 connection with a fatal crash [accident];
543544 (iv) improper or erratic traffic lane
544545 change;
545546 (v) following the vehicle ahead too
546547 closely; or
547548 (vi) a violation of Sections 522.011 or
548549 522.042; or
549550 (B) a violation of Section 522.015.
550551 SECTION 32. Section 522.081(b), Transportation Code, is
551552 amended to read as follows:
552553 (b) Except as provided by this subsection, this subsection
553554 applies to a violation committed while operating any type of motor
554555 vehicle, including a commercial motor vehicle. A person who holds
555556 a commercial driver's license or commercial learner's permit is
556557 disqualified from driving a commercial motor vehicle for one year:
557558 (1) if convicted of three violations of a law that
558559 regulates the operation of a motor vehicle at a railroad grade
559560 crossing that occur within a three-year period;
560561 (2) on first conviction of:
561562 (A) driving a motor vehicle under the influence
562563 of alcohol or a controlled substance, including a violation of
563564 Section 49.04, 49.045, or 49.07, Penal Code;
564565 (B) leaving the scene of a crash [an accident]
565566 involving a motor vehicle driven by the person;
566567 (C) using a motor vehicle in the commission of a
567568 felony, other than a felony described by Subsection (d)(2);
568569 (D) causing the death of another person through
569570 the negligent or criminal operation of a motor vehicle; or
570571 (E) driving a commercial motor vehicle while the
571572 person's commercial driver's license or commercial learner's permit
572573 is revoked, suspended, or canceled, or while the person is
573574 disqualified from driving a commercial motor vehicle, for an action
574575 or conduct that occurred while operating a commercial motor
575576 vehicle;
576577 (3) for refusing to submit to a test under Chapter 724
577578 to determine the person's alcohol concentration or the presence in
578579 the person's body of a controlled substance or drug while operating
579580 a motor vehicle in a public place; or
580581 (4) if an analysis of the person's blood, breath, or
581582 urine under Chapter 522, 524, or 724 determines that the person:
582583 (A) had an alcohol concentration of 0.04 or more,
583584 or that a controlled substance or drug was present in the person's
584585 body, while operating a commercial motor vehicle in a public place;
585586 or
586587 (B) had an alcohol concentration of 0.08 or more
587588 while operating a motor vehicle, other than a commercial motor
588589 vehicle, in a public place.
589590 SECTION 33. Section 523.005(a), Transportation Code, is
590591 amended to read as follows:
591592 (a) The licensing authority in the home state, for the
592593 purpose of suspension, revocation, cancellation, denial,
593594 disqualification, or limitation of the privilege to operate a motor
594595 vehicle, shall give the same effect to the conduct reported
595596 pursuant to Section 523.004 as it would if such conduct had occurred
596597 in the home state in the case of conviction for:
597598 (1) manslaughter or negligent homicide resulting from
598599 the operation of a motor vehicle;
599600 (2) driving a motor vehicle while under the influence
600601 of alcoholic beverages or a narcotic to a degree which renders the
601602 driver incapable of safely driving a motor vehicle;
602603 (3) any felony in the commission of which a motor
603604 vehicle is used; or
604605 (4) failure to stop and render aid or information in
605606 the event of a motor vehicle crash [accident] resulting in the death
606607 or personal injury of another.
607608 SECTION 34. Section 542.206, Transportation Code, is
608609 amended to read as follows:
609610 Sec. 542.206. EFFECT OF SPEED LIMITS IN A CIVIL ACTION. A
610611 provision of this subtitle declaring a maximum or minimum speed
611612 limit does not relieve the plaintiff in a civil action from the
612613 burden of proving negligence of the defendant as the proximate
613614 cause of a crash [an accident].
614615 SECTION 35. Section 542.4045, Transportation Code, is
615616 amended to read as follows:
616617 Sec. 542.4045. PENALTIES FOR FAILURE TO YIELD RIGHT-OF-WAY
617618 OFFENSE RESULTING IN CRASH [ACCIDENT]. If it is shown on the trial
618619 of an offense under this subtitle in which an element is the failure
619620 by the operator of a vehicle to yield the right-of-way to another
620621 vehicle that a crash [an accident] resulted from the operator's
621622 failure to yield the right-of-way:
622623 (1) the offense is punishable by a fine of not less
623624 than $500 or more than $2,000, if a person other than the operator
624625 of the vehicle suffered bodily injury, as defined by Section 1.07,
625626 Penal Code, in the crash [accident]; and
626627 (2) the offense is punishable by a fine of not less
627628 than $1,000 or more than $4,000, if a person other than the operator
628629 of the vehicle suffered serious bodily injury, as defined by
629630 Section 1.07, Penal Code, in the crash [accident].
630631 SECTION 36. Section 543.002(a), Transportation Code, is
631632 amended to read as follows:
632633 (a) A person arrested for a violation of this subtitle
633634 punishable as a misdemeanor shall be immediately taken before a
634635 magistrate if:
635636 (1) the person is arrested on a charge of failure to
636637 stop in the event of a crash [an accident] causing damage to
637638 property; or
638639 (2) the person demands an immediate appearance before
639640 a magistrate or refuses to make a written promise to appear in court
640641 as provided by this subchapter.
641642 SECTION 37. Section 543.011(c), Transportation Code, is
642643 amended to read as follows:
643644 (c) The law enforcement agency shall:
644645 (1) as soon as practicable contact the United States
645646 Department of State to verify the person's status and immunity, if
646647 any; and
647648 (2) not later than the fifth working day after the date
648649 of the stop or issuance of the notice to appear, send to the Bureau
649650 of Diplomatic Security Office of Foreign Missions of the United
650651 States Department of State the following:
651652 (A) a copy of any notice to appear issued to the
652653 person and any crash [accident] report prepared; or
653654 (B) if a notice to appear was not issued and a
654655 crash [an accident] report was not prepared, a written report of the
655656 incident.
656657 SECTION 38. Section 545.356(d), Transportation Code, is
657658 amended to read as follows:
658659 (d) The governing body of a municipality that declares a
659660 lower speed limit on a highway or part of a highway under Subsection
660661 (b-1) or (b-3), not later than February 1 of each year, shall
661662 publish on its Internet website and submit to the department a
662663 report that compares for each of the two previous calendar years:
663664 (1) the number of traffic citations issued by peace
664665 officers of the municipality and the alleged speed of the vehicles,
665666 for speed limit violations on the highway or part of the highway;
666667 (2) the number of warning citations issued by peace
667668 officers of the municipality on the highway or part of the highway;
668669 and
669670 (3) the number of vehicular crashes [accidents] that
670671 resulted in injury or death and were attributable to speed limit
671672 violations on the highway or part of the highway.
672673 SECTION 39. Section 545.3561, Transportation Code, is
673674 amended to read as follows:
674675 Sec. 545.3561. AUTHORITY OF MUNICIPALITY OR COUNTY TO
675676 TEMPORARILY LOWER SPEED LIMIT AT VEHICULAR CRASH [ACCIDENT]
676677 RECONSTRUCTION SITE. (a) The governing body of a municipality by
677678 ordinance may give a designated official with transportation
678679 engineering experience establishing speed limits discretion to
679680 temporarily lower a prima facie speed limit for a highway or part of
680681 a highway in the municipality, including a highway of the state
681682 highway system, at the site of an investigation using vehicular
682683 crash [accident] reconstruction.
683684 (b) A county commissioners court by order may give a
684685 designated official with transportation engineering experience
685686 establishing speed limits discretion to temporarily lower prima
686687 facie speed limits for a county road or highway outside the
687688 boundaries of a municipality at the site of an investigation using
688689 vehicular crash [accident] reconstruction. The authority granted
689690 under this subsection does not include a road or highway in the
690691 state highway system.
691692 (c) The Texas Department of Transportation shall develop
692693 safety guidelines for the use of vehicular crash [accident]
693694 reconstruction in investigations. A municipality, county, or
694695 designated official shall comply with the guidelines.
695696 (d) A designated official may temporarily lower prima facie
696697 speed limits without the approval of or permission from the Texas
697698 Department of Transportation. A designated official who intends
698699 to temporarily lower a prima facie speed limit at the site of an
699700 investigation using vehicular crash [accident] reconstruction
700701 shall, at least 48 hours before temporary speed limit signs are
701702 posted for the vehicular crash [accident] reconstruction site,
702703 provide to the Texas Department of Transportation notice that
703704 includes:
704705 (1) the date and time of the crash [accident]
705706 reconstruction;
706707 (2) the location of the crash [accident]
707708 reconstruction site;
708709 (3) the entities involved at the site;
709710 (4) the general size of the area affected by the site;
710711 and
711712 (5) an estimate of how long the site will be used for
712713 the crash [accident] reconstruction.
713714 (e) A temporary speed limit established under this section:
714715 (1) is a prima facie prudent and reasonable speed
715716 limit enforceable in the same manner as other prima facie speed
716717 limits established under other provisions of this subchapter; and
717718 (2) supersedes any other established speed limit that
718719 would permit a person to operate a motor vehicle at a higher rate of
719720 speed.
720721 (f) A designated official who temporarily lowers a speed
721722 limit shall:
722723 (1) place and maintain at the vehicular crash
723724 [accident] reconstruction site temporary speed limit signs that
724725 conform to the manual and specifications adopted under Section
725726 544.001;
726727 (2) temporarily conceal all other signs on the highway
727728 segment affected by the vehicular crash [accident] reconstruction
728729 site that give notice of a speed limit that would permit a person to
729730 operate a motor vehicle at a higher rate of speed; and
730731 (3) remove all temporary speed limit signs placed
731732 under Subdivision (1) and concealments of other signs placed under
732733 Subdivision (2) when the official finds that the vehicular crash
733734 [accident] reconstruction is complete and all equipment is removed
734735 from the vehicular crash [accident] reconstruction site.
735736 (g) A temporary speed limit established under this section
736737 is effective when a designated official places temporary speed
737738 limit signs and conceals other signs that would permit a person to
738739 operate a motor vehicle at a higher rate of speed as required under
739740 Subsection (f).
740741 (h) A temporary speed limit established under this section
741742 is effective until the designated official under Subsection (a) or
742743 (b):
743744 (1) finds that the vehicular crash [accident]
744745 reconstruction is complete; and
745746 (2) removes all temporary signs, concealments, and
746747 equipment used at the vehicular crash [accident] reconstruction
747748 site.
748749 (i) If a designated official does not comply with the
749750 requirements of Subsection (f)(3) for a vehicular crash [accident]
750751 reconstruction on a state highway associated with the
751752 reconstruction, the Texas Department of Transportation may remove
752753 signs and concealments.
753754 SECTION 40. Section 545.4121(b), Transportation Code, is
754755 amended to read as follows:
755756 (b) It is a defense to prosecution of an offense to which
756757 this section applies that the defendant provides to the court
757758 evidence satisfactory to the court that:
758759 (1) at the time of the offense:
759760 (A) the defendant was not arrested or issued a
760761 citation for violation of any other offense;
761762 (B) the defendant did not possess a child
762763 passenger safety seat system in the vehicle; and
763764 (C) the vehicle the defendant was operating was
764765 not involved in a crash [an accident]; and
765766 (2) subsequent to the time of the offense,
766767 the defendant obtained an appropriate child passenger safety seat
767768 system for each child required to be secured in a child passenger
768769 safety seat system under Section 545.412(a).
769770 SECTION 41. Section 545.420(i), Transportation Code, is
770771 amended to read as follows:
771772 (i) This subsection applies only to a motor vehicle used in
772773 the commission of an offense under this section that results in a
773774 crash [an accident] with property damage or personal injury. A
774775 peace officer shall require the vehicle to be taken to the nearest
775776 licensed vehicle storage facility unless the vehicle is seized as
776777 evidence, in which case the vehicle may be taken to a storage
777778 facility as designated by the peace officer
778779 involved. Notwithstanding Article 18.23, Code of Criminal
779780 Procedure, the owner of a motor vehicle that is removed or stored
780781 under this subsection is liable for all removal and storage fees
781782 incurred and is not entitled to take possession of the vehicle until
782783 those fees are paid.
783784 SECTION 42. Section 545.455, Transportation Code, is
784785 amended to read as follows:
785786 Sec. 545.455. DUTIES FOLLOWING CRASH [ACCIDENT] INVOLVING
786787 AUTOMATED MOTOR VEHICLE. In the event of a crash [an accident]
787788 involving an automated motor vehicle, the automated motor vehicle
788789 or any human operator of the automated motor vehicle shall comply
789790 with Chapter 550.
790791 SECTION 43. Section 547.305(d), Transportation Code, is
791792 amended to read as follows:
792793 (d) A vehicle may be equipped with alternately flashing
793794 lighting equipment described by Section 547.701 or 547.702 only if
794795 the vehicle is:
795796 (1) a school bus;
796797 (2) an authorized emergency vehicle;
797798 (3) a church bus that has the words "church bus"
798799 printed on the front and rear of the bus so as to be clearly
799800 discernable to other vehicle operators;
800801 (4) a tow truck while under the direction of a law
801802 enforcement officer at the scene of a crash [an accident] or while
802803 hooking up to a disabled vehicle on a roadway; or
803804 (5) a tow truck with a mounted light bar which has turn
804805 signals and stop lamps in addition to those required by Sections
805806 547.322, 547.323, and 547.324, Transportation Code.
806807 SECTION 44. Section 547.615(a)(2), Transportation Code, is
807808 amended to read as follows:
808809 (2) "Recording device" means a feature that is
809810 installed by the manufacturer in a motor vehicle and that does any
810811 of the following for the purpose of retrieving information from the
811812 vehicle after a crash [an accident] in which the vehicle has been
812813 involved:
813814 (A) records the speed and direction the vehicle
814815 is traveling;
815816 (B) records vehicle location data;
816817 (C) records steering performance;
817818 (D) records brake performance, including
818819 information on whether brakes were applied before a crash [an
819820 accident];
820821 (E) records the driver's safety belt status; or
821822 (F) transmits information concerning the crash
822823 [accident] to a central communications system when the crash
823824 [accident] occurs.
824825 SECTION 45. Section 547.615(c), Transportation Code, is
825826 amended to read as follows:
826827 (c) Information recorded or transmitted by a recording
827828 device may not be retrieved by a person other than the owner of the
828829 motor vehicle in which the recording device is installed except:
829830 (1) on court order;
830831 (2) with the consent of the owner for any purpose,
831832 including for the purpose of diagnosing, servicing, or repairing
832833 the motor vehicle;
833834 (3) for the purpose of improving motor vehicle safety,
834835 including for medical research on the human body's reaction to
835836 motor vehicle crashes [accidents], if the identity of the owner or
836837 driver of the vehicle is not disclosed in connection with the
837838 retrieved information; or
838839 (4) for the purpose of determining the need for or
839840 facilitating emergency medical response in the event of a motor
840841 vehicle crash [accident].
841842 SECTION 46. Section 548.053(b), Transportation Code, is
842843 amended to read as follows:
843844 (b) A vehicle that is inspected and is subsequently involved
844845 in a crash or other incident [an accident] affecting the safe
845846 operation of an item of inspection must be reinspected following
846847 repair. The reinspection must be at an inspection station and shall
847848 be treated and charged as an initial inspection.
848849 SECTION 47. The heading to Chapter 550, Transportation
849850 Code, is amended to read as follows:
850851 CHAPTER 550. CRASHES [ACCIDENTS] AND CRASH [ACCIDENT] REPORTS
851852 SECTION 48. The heading to Subchapter B, Chapter 550,
852853 Transportation Code, is amended to read as follows:
853854 SUBCHAPTER B. DUTIES FOLLOWING CRASH [ACCIDENT]
854855 SECTION 49. Section 550.021, Transportation Code, is
855856 amended to read as follows:
856857 Sec. 550.021. CRASH [ACCIDENT] INVOLVING PERSONAL INJURY OR
857858 DEATH. (a) The operator of a vehicle involved in a crash [an
858859 accident] that results or is reasonably likely to result in injury
859860 to or death of a person shall:
860861 (1) immediately stop the vehicle at the scene of the
861862 crash [accident] or as close to the scene as possible;
862863 (2) immediately return to the scene of the crash
863864 [accident] if the vehicle is not stopped at the scene of the crash
864865 [accident];
865866 (3) immediately determine whether a person is involved
866867 in the crash [accident], and if a person is involved in the crash
867868 [accident], whether that person requires aid; and
868869 (4) remain at the scene of the crash [accident] until
869870 the operator complies with the requirements of Section 550.023.
870871 (b) An operator of a vehicle required to stop the vehicle by
871872 Subsection (a) shall do so without obstructing traffic more than is
872873 necessary.
873874 (c) A person commits an offense if the person does not stop
874875 or does not comply with the requirements of this section. An
875876 offense under this section:
876877 (1) involving a crash [an accident] resulting in:
877878 (A) death of a person is a felony of the second
878879 degree; or
879880 (B) serious bodily injury, as defined by Section
880881 1.07, Penal Code, to a person is a felony of the third degree; and
881882 (2) involving a crash [an accident] resulting in
882883 injury to which Subdivision (1) does not apply is punishable by:
883884 (A) imprisonment in the Texas Department of
884885 Criminal Justice for not more than five years or confinement in the
885886 county jail for not more than one year;
886887 (B) a fine not to exceed $5,000; or
887888 (C) both the fine and the imprisonment or
888889 confinement.
889890 SECTION 50. The heading to Section 550.022, Transportation
890891 Code, is amended to read as follows:
891892 Sec. 550.022. CRASH [ACCIDENT] INVOLVING DAMAGE TO VEHICLE.
892893 SECTION 51. Sections 550.022(a) and (b), Transportation
893894 Code, are amended to read as follows:
894895 (a) Except as provided by Subsection (b), the operator of a
895896 vehicle involved in a crash [an accident] resulting only in damage
896897 to a vehicle that is driven or attended by a person shall:
897898 (1) immediately stop the vehicle at the scene of the
898899 crash [accident] or as close as possible to the scene of the crash
899900 [accident] without obstructing traffic more than is necessary;
900901 (2) immediately return to the scene of the crash
901902 [accident] if the vehicle is not stopped at the scene of the crash
902903 [accident]; and
903904 (3) remain at the scene of the crash [accident] until
904905 the operator complies with the requirements of Section 550.023.
905906 (b) If a crash [an accident] occurs on a main lane, ramp,
906907 shoulder, median, or adjacent area of a freeway in a metropolitan
907908 area and each vehicle involved can be normally and safely driven,
908909 each operator shall move the operator's vehicle as soon as possible
909910 to a designated crash [accident] investigation site, if available,
910911 a location on the frontage road, the nearest suitable cross street,
911912 or other suitable location to complete the requirements of Section
912913 550.023 and minimize interference with freeway traffic.
913914 SECTION 52. Section 550.023, Transportation Code, is
914915 amended to read as follows:
915916 Sec. 550.023. DUTY TO GIVE INFORMATION AND RENDER AID. The
916917 operator of a vehicle involved in a crash [an accident] resulting in
917918 the injury or death of a person or damage to a vehicle that is driven
918919 or attended by a person shall:
919920 (1) give the operator's name and address, the
920921 registration number of the vehicle the operator was driving, and
921922 the name of the operator's motor vehicle liability insurer to any
922923 person injured or the operator or occupant of or person attending a
923924 vehicle involved in the collision;
924925 (2) if requested and available, show the operator's
925926 driver's license to a person described by Subdivision (1); and
926927 (3) provide any person injured in the crash [accident]
927928 reasonable assistance, including transporting or making
928929 arrangements for transporting the person to a physician or hospital
929930 for medical treatment if it is apparent that treatment is
930931 necessary, or if the injured person requests the transportation.
931932 SECTION 53. Section 550.025(a), Transportation Code, is
932933 amended to read as follows:
933934 (a) The operator of a vehicle involved in a crash [an
934935 accident] resulting only in damage to a structure adjacent to a
935936 highway or a fixture or landscaping legally on or adjacent to a
936937 highway shall:
937938 (1) take reasonable steps to locate and notify the
938939 owner or person in charge of the property of the crash [accident]
939940 and of the operator's name and address and the registration number
940941 of the vehicle the operator was driving; and
941942 (2) if requested and available, show the operator's
942943 driver's license to the owner or person in charge of the property.
943944 SECTION 54. Section 550.026, Transportation Code, is
944945 amended to read as follows:
945946 Sec. 550.026. IMMEDIATE REPORT OF CRASH [ACCIDENT]. (a)
946947 The operator of a vehicle involved in a crash [an accident]
947948 resulting in injury to or death of a person or damage to a vehicle to
948949 the extent that it cannot be normally and safely driven shall
949950 immediately by the quickest means of communication give notice of
950951 the crash [accident] to the:
951952 (1) local police department if the crash [accident]
952953 occurred in a municipality;
953954 (2) local police department or the sheriff's office if
954955 the crash [accident] occurred not more than 100 feet outside the
955956 limits of a municipality; or
956957 (3) sheriff's office or the nearest office of the
957958 department if the crash [accident] is not required to be reported
958959 under Subdivision (1) or (2).
959960 (b) If a section of road is within 100 feet of the limits of
960961 more than one municipality, the municipalities may agree regarding
961962 the maintenance of reports made under Subsection (a)(2). A county
962963 may agree with municipalities in the county regarding the
963964 maintenance of reports made under Subsection (a)(2). An agreement
964965 under this subsection does not affect the duty to report a crash [an
965966 accident] under Subsection (a).
966967 SECTION 55. The heading to Subchapter C, Chapter 550,
967968 Transportation Code, is amended to read as follows:
968969 SUBCHAPTER C. INVESTIGATION OF CRASH [ACCIDENT]
969970 SECTION 56. Section 550.041(a), Transportation Code, is
970971 amended to read as follows:
971972 (a) A peace officer who is notified of a motor vehicle crash
972973 [accident] resulting in injury to or death of a person or property
973974 damage to an apparent extent of at least $1,000 may investigate the
974975 crash [accident] and file justifiable charges relating to the crash
975976 [accident] without regard to whether the crash [accident] occurred
976977 on property to which this chapter applies.
977978 SECTION 57. The heading to Subchapter D, Chapter 550,
978979 Transportation Code, is amended to read as follows:
979980 SUBCHAPTER D. WRITTEN CRASH [ACCIDENT] REPORT
980981 SECTION 58. Section 550.062, Transportation Code, is
981982 amended to read as follows:
982983 Sec. 550.062. OFFICER'S CRASH [ACCIDENT] REPORT. (a) A law
983984 enforcement officer who in the regular course of duty investigates
984985 a motor vehicle crash [accident] shall make a written report of the
985986 crash [accident] if the crash [accident] resulted in injury to or
986987 the death of a person or damage to the property of any one person to
987988 the apparent extent of $1,000 or more.
988989 (b) The report required by Subsection (a) must be filed
989990 electronically with the department not later than the 10th day
990991 after the date of the crash [accident].
991992 (b-1) If the motor vehicle crash [accident] involved a
992993 combination of vehicles operating under a permit issued under
993994 Section 623.402, the report required by Subsection (a) must include
994995 the weight and the number of axles of the vehicle combination.
995996 (c) This section applies without regard to whether the
996997 officer investigates the crash [accident] at the location of the
997998 crash [accident] and immediately after the crash [accident] or
998999 afterwards by interviewing those involved in the crash [accident]
9991000 or witnesses to the crash [accident].
10001001 SECTION 59. Section 550.063, Transportation Code, is
10011002 amended to read as follows:
10021003 Sec. 550.063. REPORT ON APPROPRIATE FORM. The form of all
10031004 written crash [accident] reports must be approved by the department
10041005 and the Department of Public Safety. A person who is required to
10051006 file a written crash [accident] report shall report on the
10061007 appropriate form and shall disclose all information required by the
10071008 form unless the information is not available.
10081009 SECTION 60. Section 550.064, Transportation Code, is
10091010 amended to read as follows:
10101011 Sec. 550.064. CRASH [ACCIDENT] REPORT FORMS. (a) The
10111012 department shall prepare and when requested supply to police
10121013 departments, coroners, sheriffs, garages, and other suitable
10131014 agencies or individuals the crash [accident] report forms
10141015 appropriate for the persons required to make a report and
10151016 appropriate for the purposes to be served by those reports.
10161017 (b) A crash [An accident] report form prepared by the
10171018 department must:
10181019 (1) require sufficiently detailed information to
10191020 disclose the cause and conditions of and the persons and vehicles
10201021 involved in a crash [an accident] if the form is for the report to be
10211022 made by a person investigating the crash [accident];
10221023 (2) include a way to designate and identify a peace
10231024 officer, firefighter, or emergency medical services employee who is
10241025 involved in a crash [an accident] while driving a law enforcement
10251026 vehicle, fire department vehicle, or emergency medical services
10261027 vehicle while performing the person's duties;
10271028 (3) require a statement by a person described by
10281029 Subdivision (2) as to the nature of the crash [accident]; and
10291030 (4) include a way to designate whether an individual
10301031 involved in a crash [an accident] wants to be contacted by a person
10311032 seeking to obtain employment as a professional described by Section
10321033 38.01(12), Penal Code.
10331034 SECTION 61. Section 550.065, Transportation Code, is
10341035 amended to read as follows:
10351036 Sec. 550.065. RELEASE OF CERTAIN INFORMATION RELATING TO
10361037 CRASHES [ACCIDENTS]. (a) This section applies only to the
10371038 following information that is held by the department or another
10381039 governmental entity:
10391040 (1) a written report of a crash [an accident] required
10401041 under:
10411042 (A) Section 550.062; or
10421043 (B) former Section 550.061 or 601.004 before
10431044 September 1, 2017; or
10441045 (2) crash [accident] report information compiled
10451046 under Section 201.806.
10461047 (b) Except as provided by Subsection (c), (c-1), or (e), the
10471048 information is privileged and for the confidential use of:
10481049 (1) the department; and
10491050 (2) an agency of the United States, this state, or a
10501051 local government of this state that has use for the information for
10511052 crash [accident] prevention purposes.
10521053 (c) On written request and payment of any required fee, the
10531054 department or the governmental entity shall release the information
10541055 to:
10551056 (1) an entity described by Subsection (b);
10561057 (2) the law enforcement agency that employs the peace
10571058 officer who investigated the crash [accident] and sent the
10581059 information to the department, including an agent of the law
10591060 enforcement agency authorized by contract to obtain the
10601061 information;
10611062 (3) the court in which a case involving a person
10621063 involved in the crash [accident] is pending if the report is
10631064 subpoenaed; or
10641065 (4) any person directly concerned in the crash
10651066 [accident] or having a proper interest therein, including:
10661067 (A) any person involved in the crash [accident];
10671068 (B) the authorized representative of any person
10681069 involved in the crash [accident];
10691070 (C) a driver involved in the crash [accident];
10701071 (D) an employer, parent, or legal guardian of a
10711072 driver involved in the crash [accident];
10721073 (E) the owner of a vehicle or property damaged in
10731074 the crash [accident];
10741075 (F) a person who has established financial
10751076 responsibility for a vehicle involved in the crash [accident] in a
10761077 manner described by Section 601.051, including a policyholder of a
10771078 motor vehicle liability insurance policy covering the vehicle;
10781079 (G) an insurance company that issued an insurance
10791080 policy covering a vehicle involved in the crash [accident];
10801081 (H) an insurance company that issued a policy
10811082 covering any person involved in the crash [accident];
10821083 (I) a person under contract to provide claims or
10831084 underwriting information to a person described by Paragraph (F),
10841085 (G), or (H);
10851086 (J) a radio or television station that holds a
10861087 license issued by the Federal Communications Commission;
10871088 (K) a newspaper that is:
10881089 (i) a free newspaper of general circulation
10891090 or qualified under Section 2051.044, Government Code, to publish
10901091 legal notices;
10911092 (ii) published at least once a week; and
10921093 (iii) available and of interest to the
10931094 general public in connection with the dissemination of news; or
10941095 (L) any person who may sue because of death
10951096 resulting from the crash [accident].
10961097 (c-1) On receiving information to which this section
10971098 applies, the department or the governmental entity that receives
10981099 the information shall create a redacted crash [accident] report
10991100 that may be requested by any person. The redacted crash [accident]
11001101 report may not include the items of information described by
11011102 Subsection (f)(2). A report released under this subsection is not
11021103 considered personal information under Section 730.003.
11031104 (d) The fee for a copy of the crash [accident] report is
11041105 $6. The copy may be certified by the department or the
11051106 governmental entity for an additional fee of $2. The department or
11061107 the governmental entity may issue a certification that no report or
11071108 information is on file for a fee of $6.
11081109 (e) In addition to the information required to be released
11091110 under Subsection (c), the department may release:
11101111 (1) crash [accident] report information compiled
11111112 under Section 201.806; or
11121113 (2) a vehicle identification number and specific crash
11131114 [accident] information relating to that vehicle.
11141115 (f) The department when releasing information under
11151116 Subsection (c-1) or (e):
11161117 (1) may not release personal information, as defined
11171118 by Section 730.003; and
11181119 (2) shall withhold or redact the following items:
11191120 (A) the first, middle, and last name of any
11201121 person listed in a crash [an accident] report, including a vehicle
11211122 driver, occupant, owner, or lessee, a bicyclist, a pedestrian, or a
11221123 property owner;
11231124 (B) the number of any driver's license,
11241125 commercial driver's license, or personal identification
11251126 certificate issued to any person listed in a crash [an accident]
11261127 report;
11271128 (C) the date of birth, other than the year, of any
11281129 person listed in a crash [an accident] report;
11291130 (D) the address, other than zip code, and
11301131 telephone number of any person listed in a crash [an accident]
11311132 report;
11321133 (E) the license plate number of any vehicle
11331134 listed in a crash [an accident] report;
11341135 (F) the name of any insurance company listed as a
11351136 provider of financial responsibility for a vehicle listed in a
11361137 crash [an accident] report;
11371138 (G) the number of any insurance policy issued by
11381139 an insurance company listed as a provider of financial
11391140 responsibility;
11401141 (H) the date the peace officer who investigated
11411142 the crash [accident] was notified of the crash [accident];
11421143 (I) the date the investigating peace officer
11431144 arrived at the crash [accident] site;
11441145 (J) the badge number or identification number of
11451146 the investigating officer;
11461147 (K) the date on which any person who died as a
11471148 result of the crash [accident] died;
11481149 (L) the date of any commercial motor vehicle
11491150 report; and
11501151 (M) the place where any person injured or killed
11511152 in a crash [an accident] was taken and the person or entity that
11521153 provided the transportation.
11531154 (g) The amount that may be charged for information provided
11541155 under Subsection (e) shall be calculated in the manner specified by
11551156 Chapter 552, Government Code, for public information provided by a
11561157 governmental body under that chapter.
11571158 SECTION 62. Section 550.066, Transportation Code, is
11581159 amended to read as follows:
11591160 Sec. 550.066. ADMISSIBILITY OF CERTAIN CRASH [ACCIDENT]
11601161 REPORT INFORMATION. An individual's response to the information
11611162 requested on a crash [an accident] report form as provided by
11621163 Section 550.064(b)(4) is not admissible evidence in a civil trial.
11631164 SECTION 63. Section 550.067, Transportation Code, is
11641165 amended to read as follows:
11651166 Sec. 550.067. MUNICIPAL AUTHORITY TO REQUIRE CRASH
11661167 [ACCIDENT] REPORTS. (a) A municipality by ordinance may require
11671168 the operator of a vehicle involved in a crash [an accident] to file
11681169 with a designated municipal department:
11691170 (1) a report of the crash [accident], if the crash
11701171 [accident] results in injury to or the death of a person or the
11711172 apparent total property damage is $25 or more; or
11721173 (2) a copy of a report required by this chapter to be
11731174 filed with the department.
11741175 (b) A report filed under Subsection (a) is for the
11751176 confidential use of the municipal department and subject to the
11761177 provisions of Section 550.065.
11771178 (c) A municipality by ordinance may require the person in
11781179 charge of a garage or repair shop where a motor vehicle is brought
11791180 if the vehicle shows evidence of having been involved in a crash [an
11801181 accident] described by Section 550.062(a) or shows evidence of
11811182 having been struck by a bullet to report to a department of the
11821183 municipality within 24 hours after the garage or repair shop
11831184 receives the motor vehicle, giving the engine number, registration
11841185 number, and the name and address of the owner or operator of the
11851186 vehicle.
11861187 SECTION 64. Section 550.068, Transportation Code, is
11871188 amended to read as follows:
11881189 Sec. 550.068. CHANGING CRASH [ACCIDENT] REPORT.
11891190 (a) Except as provided by Subsection (b), a change in or a
11901191 modification of a written report of a motor vehicle crash
11911192 [accident] prepared by a peace officer that alters a material fact
11921193 in the report may be made only by the peace officer who prepared the
11931194 report.
11941195 (b) A change in or a modification of the written report of
11951196 the crash [accident] may be made by a person other than the peace
11961197 officer if:
11971198 (1) the change is made by a written supplement to the
11981199 report; and
11991200 (2) the written supplement clearly indicates the name
12001201 of the person who originated the change.
12011202 SECTION 65. Sections 550.081(b) and (c), Transportation
12021203 Code, are amended to read as follows:
12031204 (b) A medical examiner or justice of the peace acting as
12041205 coroner in a county that does not have a medical examiner's office
12051206 or that is not part of a medical examiner's district shall submit a
12061207 report in writing to the department of the death of a person that
12071208 was the result of a traffic crash [accident] or bridge collapse:
12081209 (1) to which this chapter applies; and
12091210 (2) that occurred within the jurisdiction of the
12101211 medical examiner or justice of the peace in the preceding calendar
12111212 quarter.
12121213 (c) The report must be submitted before the 11th day of each
12131214 calendar month and include:
12141215 (1) the name of the deceased and a statement as to
12151216 whether the deceased was:
12161217 (A) the operator of or a passenger in a vehicle
12171218 [involved in the accident]; or
12181219 (B) a pedestrian or other nonoccupant of a
12191220 vehicle;
12201221 (2) the date of the crash [accident] and the name of
12211222 the county in which the crash [accident] occurred, and, if a bridge
12221223 collapse, the location of the bridge in that county;
12231224 (3) the name of any laboratory, medical examiner's
12241225 office, or other facility that conducted toxicological testing
12251226 relative to the deceased; and
12261227 (4) the results of any toxicological testing that was
12271228 conducted.
12281229 SECTION 66. Section 601.002(3), Transportation Code, is
12291230 amended to read as follows:
12301231 (3) "Financial responsibility" means the ability to
12311232 respond in damages for liability for a crash [an accident] that:
12321233 (A) occurs after the effective date of the
12331234 document evidencing the establishment of the financial
12341235 responsibility; and
12351236 (B) arises out of the ownership, maintenance, or
12361237 use of a motor vehicle.
12371238 SECTION 67. Section 601.003(b), Transportation Code, is
12381239 amended to read as follows:
12391240 (b) For purposes of this chapter, a judgment is considered
12401241 to be satisfied as to the appropriate part of the judgment set out
12411242 by this subsection if:
12421243 (1) the total amount credited on one or more judgments
12431244 for bodily injury to or death of one person resulting from one crash
12441245 [accident] equals or exceeds the amount required under Section
12451246 601.072(a-1)[(a)](1) to establish financial responsibility;
12461247 (2) the total amount credited on one or more judgments
12471248 for bodily injury to or death of two or more persons resulting from
12481249 one crash [accident] equals or exceeds the amount required under
12491250 Section 601.072(a-1)[(a)](2) to establish financial
12501251 responsibility; or
12511252 (3) the total amount credited on one or more judgments
12521253 for damage to or destruction of property of another resulting from
12531254 one crash [accident] equals or exceeds the amount required under
12541255 Section 601.072(a-1)[(a)](3) to establish financial
12551256 responsibility.
12561257 SECTION 68. Section 601.006, Transportation Code, is
12571258 amended to read as follows:
12581259 Sec. 601.006. APPLICABILITY TO CERTAIN OWNERS AND
12591260 OPERATORS. If an owner or operator of a motor vehicle involved in a
12601261 crash [an accident] in this state does not have a driver's license
12611262 or vehicle registration or is a nonresident, the person may not be
12621263 issued a driver's license or registration until the person has
12631264 complied with this chapter to the same extent that would be
12641265 necessary if, at the time of the crash [accident], the person had a
12651266 driver's license or registration.
12661267 SECTION 69. Sections 601.009(b) and (c), Transportation
12671268 Code, are amended to read as follows:
12681269 (b) Except as provided by Subsection (c), the department
12691270 shall suspend the resident's driver's license and vehicle
12701271 registrations if the evidence shows that the resident's operating
12711272 privilege was suspended in the other state or the province for
12721273 violation of a financial responsibility law under circumstances
12731274 that would require the department to suspend a nonresident's
12741275 operating privilege had the crash [accident] occurred in this
12751276 state.
12761277 (c) The department may not suspend the resident's driver's
12771278 license and registration if the alleged failure to comply is based
12781279 on the failure of the resident's insurance company or surety
12791280 company to:
12801281 (1) obtain authorization to write motor vehicle
12811282 liability insurance in the other state or the province; or
12821283 (2) execute a power of attorney directing the
12831284 appropriate official in the other state or the province to accept on
12841285 the company's behalf service of notice or process in an action under
12851286 the policy arising out of a crash [an accident].
12861287 SECTION 70. Section 601.053(a), Transportation Code, is
12871288 amended to read as follows:
12881289 (a) As a condition of operating in this state a motor
12891290 vehicle to which Section 601.051 applies, the operator of the
12901291 vehicle on request shall provide to a peace officer, as defined by
12911292 Article 2.12, Code of Criminal Procedure, or a person involved in a
12921293 crash [an accident] with the operator evidence of financial
12931294 responsibility by exhibiting:
12941295 (1) a motor vehicle liability insurance policy
12951296 covering the vehicle that satisfies Subchapter D or a photocopy of
12961297 the policy;
12971298 (2) a standard proof of motor vehicle liability
12981299 insurance form prescribed by the Texas Department of Insurance
12991300 under Section 601.081 and issued by a liability insurer for the
13001301 motor vehicle;
13011302 (2-a) an image displayed on a wireless communication
13021303 device that includes the information required by Section 601.081 as
13031304 provided by a liability insurer;
13041305 (3) an insurance binder that confirms the operator is
13051306 in compliance with this chapter;
13061307 (4) a surety bond certificate issued under Section
13071308 601.121;
13081309 (5) a certificate of a deposit with the comptroller
13091310 covering the vehicle issued under Section 601.122;
13101311 (6) a copy of a certificate of a deposit with the
13111312 appropriate county judge covering the vehicle issued under Section
13121313 601.123; or
13131314 (7) a certificate of self-insurance covering the
13141315 vehicle issued under Section 601.124 or a photocopy of the
13151316 certificate.
13161317 SECTION 71. Section 601.056(e), Transportation Code, is
13171318 amended to read as follows:
13181319 (e) The department may not act under Subsection (a)(1) or
13191320 (2) if:
13201321 (1) an action for damages on a liability covered by the
13211322 evidence of financial responsibility is pending;
13221323 (2) a judgment for damages on a liability covered by
13231324 the evidence of financial responsibility is not satisfied; or
13241325 (3) the person for whom the bond has been filed or for
13251326 whom money or securities have been deposited has, within the two
13261327 years preceding the request for cancellation or return of the
13271328 evidence of financial responsibility, been involved as an operator
13281329 or owner in a motor vehicle crash [accident] resulting in bodily
13291330 injury to, or property damage to the property of, another person.
13301331 SECTION 72. Sections 601.072(a-1) and (b), Transportation
13311332 Code, are amended to read as follows:
13321333 (a-1) Effective January 1, 2011, the minimum amounts of
13331334 motor vehicle liability insurance coverage required to establish
13341335 financial responsibility under this chapter are:
13351336 (1) $30,000 for bodily injury to or death of one person
13361337 in one crash [accident];
13371338 (2) $60,000 for bodily injury to or death of two or
13381339 more persons in one crash [accident], subject to the amount
13391340 provided by Subdivision (1) for bodily injury to or death of one of
13401341 the persons; and
13411342 (3) $25,000 for damage to or destruction of property
13421343 of others in one crash [accident].
13431344 (b) The coverage required under this section may exclude,
13441345 with respect to one crash [accident]:
13451346 (1) the first $250 of liability for bodily injury to or
13461347 death of one person;
13471348 (2) the first $500 of liability for bodily injury to or
13481349 death of two or more persons, subject to the amount provided by
13491350 Subdivision (1) for bodily injury to or death of one of the persons;
13501351 and
13511352 (3) the first $250 of liability for property damage to
13521353 or destruction of property of others.
13531354 SECTION 73. Section 601.084(c), Transportation Code, is
13541355 amended to read as follows:
13551356 (c) The department shall accept the certificate of an
13561357 insurer not authorized to transact business in this state if the
13571358 certificate otherwise complies with this chapter and the insurance
13581359 company:
13591360 (1) executes a power of attorney authorizing the
13601361 department to accept on its behalf service of notice or process in
13611362 an action arising out of a motor vehicle crash [accident] in this
13621363 state; and
13631364 (2) agrees in writing that its policies will be
13641365 treated as conforming to the laws of this state relating to the
13651366 terms of a motor vehicle liability insurance policy.
13661367 SECTION 74. Section 601.086, Transportation Code, is
13671368 amended to read as follows:
13681369 Sec. 601.086. RESPONSE OF INSURANCE COMPANY IF POLICY NOT
13691370 IN EFFECT. An insurance company that is notified by the department
13701371 of a crash [an accident] in connection with which an owner or
13711372 operator has reported a motor vehicle liability insurance policy
13721373 with the company shall advise the department if a policy is not in
13731374 effect as reported.
13741375 SECTION 75. Section 601.124(c), Transportation Code, is
13751376 amended to read as follows:
13761377 (c) The self-insurer must supplement the certificate with
13771378 an agreement that, for crashes [accidents] occurring while the
13781379 certificate is in force, the self-insurer will pay the same
13791380 judgments in the same amounts as an insurer would be obligated to
13801381 pay under an owner's motor vehicle liability insurance policy
13811382 issued to the self-insurer if such policy were issued.
13821383 SECTION 76. The heading to Subchapter F, Chapter 601,
13831384 Transportation Code, is amended to read as follows:
13841385 SUBCHAPTER F. SECURITY FOLLOWING CRASH [ACCIDENT]
13851386 SECTION 77. Section 601.151, Transportation Code, is
13861387 amended to read as follows:
13871388 Sec. 601.151. APPLICABILITY OF SUBCHAPTER. (a) This
13881389 subchapter applies only to a motor vehicle crash [accident] in this
13891390 state that results in bodily injury or death or in damage to the
13901391 property of one person of at least $1,000.
13911392 (b) This subchapter does not apply to:
13921393 (1) an owner or operator who has in effect at the time
13931394 of the crash [accident] a motor vehicle liability insurance policy
13941395 that covers the motor vehicle involved in the crash [accident];
13951396 (2) an operator who is not the owner of the motor
13961397 vehicle, if a motor vehicle liability insurance policy or bond for
13971398 the operation of a motor vehicle the person does not own is in
13981399 effect at the time of the crash [accident];
13991400 (3) an owner or operator whose liability for damages
14001401 resulting from the crash [accident], in the judgment of the
14011402 department, is covered by another liability insurance policy or
14021403 bond;
14031404 (4) an owner or operator, if there was not bodily
14041405 injury to or damage of the property of a person other than the owner
14051406 or operator;
14061407 (5) the owner or operator of a motor vehicle that at
14071408 the time of the crash [accident] was legally parked or legally
14081409 stopped at a traffic signal;
14091410 (6) the owner of a motor vehicle that at the time of
14101411 the crash [accident] was being operated without the owner's express
14111412 or implied permission or was parked by a person who had been
14121413 operating the vehicle without that permission; or
14131414 (7) a person qualifying as a self-insurer under
14141415 Section 601.124 or a person operating a motor vehicle for a
14151416 self-insurer.
14161417 SECTION 78. Section 601.152(a), Transportation Code, is
14171418 amended to read as follows:
14181419 (a) Subject to Section 601.153, the department shall
14191420 suspend the driver's license and vehicle registrations of the owner
14201421 and operator of a motor vehicle if:
14211422 (1) the vehicle is involved in any manner in a crash
14221423 [an accident]; and
14231424 (2) the department finds that there is a reasonable
14241425 probability that a judgment will be rendered against the person as a
14251426 result of the crash [accident].
14261427 SECTION 79. Sections 601.154(a), (c), and (d),
14271428 Transportation Code, are amended to read as follows:
14281429 (a) Subject to Subsection (d), if the department finds that
14291430 there is a reasonable probability that a judgment will be rendered
14301431 against an owner or operator as a result of a crash [an accident],
14311432 the department shall determine the amount of security sufficient to
14321433 satisfy any judgment for damages resulting from the crash
14331434 [accident] that may be recovered from the owner or operator.
14341435 (c) In determining whether there is a reasonable
14351436 probability that a judgment will be rendered against the person as a
14361437 result of a crash [an accident] and the amount of security that is
14371438 sufficient under Subsection (a), the department may consider:
14381439 (1) a report of an investigating officer; and
14391440 (2) an affidavit of a person who has knowledge of the
14401441 facts.
14411442 (d) The department shall make the determination required by
14421443 Subsection (a) only if the department has not received, before the
14431444 21st day after the date the department receives a report of a motor
14441445 vehicle crash [accident], satisfactory evidence that the owner or
14451446 operator has:
14461447 (1) been released from liability;
14471448 (2) been finally adjudicated not to be liable; or
14481449 (3) executed an acknowledged written agreement
14491450 providing for the payment of an agreed amount in installments for
14501451 all claims for injuries or damages resulting from the crash
14511452 [accident].
14521453 SECTION 80. Section 601.155(b), Transportation Code, is
14531454 amended to read as follows:
14541455 (b) The notice must state that:
14551456 (1) the person's driver's license and vehicle
14561457 registration or the person's nonresident's operating privilege will
14571458 be suspended unless the person, not later than the 20th day after
14581459 the date the notice was personally served or sent, establishes
14591460 that:
14601461 (A) this subchapter does not apply to the person,
14611462 and the person has previously provided this information to the
14621463 department; or
14631464 (B) there is no reasonable probability that a
14641465 judgment will be rendered against the person as a result of the
14651466 crash [accident]; and
14661467 (2) the person is entitled to a hearing under this
14671468 subchapter if a written request for a hearing is delivered or mailed
14681469 to the department not later than the 20th day after the date the
14691470 notice was personally served or sent.
14701471 SECTION 81. Section 601.157(b), Transportation Code, is
14711472 amended to read as follows:
14721473 (b) The judge at the hearing shall determine:
14731474 (1) whether there is a reasonable probability that a
14741475 judgment will be rendered against the person requesting the hearing
14751476 as a result of the crash [accident]; and
14761477 (2) if there is a reasonable probability that a
14771478 judgment will be rendered, the amount of security sufficient to
14781479 satisfy any judgment for damages resulting from the crash
14791480 [accident].
14801481 SECTION 82. Section 601.158(a), Transportation Code, is
14811482 amended to read as follows:
14821483 (a) If, after a hearing under this subchapter, the judge
14831484 determines that there is a reasonable probability that a judgment
14841485 will be rendered against the person requesting the hearing as a
14851486 result of the crash [accident], the person may appeal the
14861487 determination.
14871488 SECTION 83. Section 601.162(a), Transportation Code, is
14881489 amended to read as follows:
14891490 (a) The suspension of a driver's license, vehicle
14901491 registration, or nonresident's operating privilege under this
14911492 subchapter remains in effect, the license, registration, or
14921493 privilege may not be renewed, and a license or vehicle registration
14931494 may not be issued to the holder of the suspended license,
14941495 registration, or privilege, until:
14951496 (1) the date the person, or a person acting on the
14961497 person's behalf, deposits security and files evidence of financial
14971498 responsibility under Section 601.153;
14981499 (2) the second anniversary of the date of the crash
14991500 [accident], if evidence satisfactory to the department is filed
15001501 with the department that, during the two-year period, an action for
15011502 damages arising out of the crash [accident] has not been
15021503 instituted; or
15031504 (3) the date evidence satisfactory to the department
15041505 is filed with the department of:
15051506 (A) a release from liability for claims arising
15061507 out of the crash [accident];
15071508 (B) a final adjudication that the person is not
15081509 liable for claims arising out of the crash [accident]; or
15091510 (C) an installment agreement described by
15101511 Section 601.154(d)(3).
15111512 SECTION 84. Section 601.163(b), Transportation Code, is
15121513 amended to read as follows:
15131514 (b) A person depositing security shall specify in writing
15141515 the person on whose behalf the deposit is made. A single deposit of
15151516 security is applicable only on behalf of persons required to
15161517 provide security because of the same crash [accident] and the same
15171518 motor vehicle.
15181519 SECTION 85. Section 601.164(a), Transportation Code, is
15191520 amended to read as follows:
15201521 (a) The department may reduce the amount of security ordered
15211522 in a case within six months after the date of the crash [accident]
15221523 if, in the department's judgment, the amount is excessive.
15231524 SECTION 86. Section 601.166, Transportation Code, is
15241525 amended to read as follows:
15251526 Sec. 601.166. PAYMENT OF CASH SECURITY. (a) Cash security
15261527 may be applied only to the payment of:
15271528 (1) a judgment rendered against the person on whose
15281529 behalf the deposit is made for damages arising out of the crash
15291530 [accident]; or
15301531 (2) a settlement, agreed to by the depositor, of a
15311532 claim arising out of the crash [accident].
15321533 (b) For payment under Subsection (a), the action under which
15331534 the judgment was rendered must have been instituted before the
15341535 second anniversary of the later of:
15351536 (1) the date of the crash [accident]; or
15361537 (2) the date of the deposit, in the case of a deposit
15371538 of security under Section 601.162(b).
15381539 SECTION 87. Section 601.167, Transportation Code, is
15391540 amended to read as follows:
15401541 Sec. 601.167. RETURN OF CASH SECURITY. Cash security or any
15411542 balance of the security shall be returned to the depositor or the
15421543 depositor's personal representative when:
15431544 (1) evidence satisfactory to the department is filed
15441545 with the department that there has been:
15451546 (A) a release of liability;
15461547 (B) a final adjudication that the person on whose
15471548 behalf the deposit is made is not liable; or
15481549 (C) an agreement as described by Section
15491550 601.154(d)(3);
15501551 (2) reasonable evidence is provided to the department
15511552 after the second anniversary of the date of the crash [accident]
15521553 that no action arising out of the crash [accident] is pending and no
15531554 judgment rendered in such an action is unpaid; or
15541555 (3) in the case of a deposit of security under Section
15551556 601.162(b), reasonable evidence is provided to the department after
15561557 the second anniversary of the date of the deposit that no action
15571558 arising out of the crash [accident] is pending and no unpaid
15581559 judgment rendered in such an action is unpaid.
15591560 SECTION 88. Section 601.168(b), Transportation Code, is
15601561 amended to read as follows:
15611562 (b) A bond or motor vehicle liability insurance policy
15621563 issued by a surety company or insurance company that is not
15631564 authorized to do business in this state is effective under this
15641565 subchapter only if:
15651566 (1) the bond or policy is issued for a motor vehicle
15661567 that:
15671568 (A) is not registered in this state; or
15681569 (B) was not registered in this state on the
15691570 effective date of the most recent renewal of the policy; and
15701571 (2) the surety company or insurance company executes a
15711572 power of attorney authorizing the department to accept on the
15721573 company's behalf service of notice or process in an action arising
15731574 out of the crash [accident] on the bond or policy.
15741575 SECTION 89. Section 601.169, Transportation Code, is
15751576 amended to read as follows:
15761577 Sec. 601.169. REASONABLE PROBABILITY NOT ADMISSIBLE IN
15771578 CIVIL SUIT. A determination under Section 601.154 or 601.157 that
15781579 there is a reasonable probability that a judgment will be rendered
15791580 against a person as a result of a crash [an accident] may not be
15801581 introduced in evidence in a suit for damages arising from that crash
15811582 [accident].
15821583 SECTION 90. Section 601.291, Transportation Code, is
15831584 amended to read as follows:
15841585 Sec. 601.291. APPLICABILITY OF SUBCHAPTER. This subchapter
15851586 applies only to the owner or operator of a motor vehicle that:
15861587 (1) is not registered in this state; and
15871588 (2) is involved in a motor vehicle crash [accident] in
15881589 this state that results in bodily injury, death, or damage to the
15891590 property of one person to an apparent extent of at least $500.
15901591 SECTION 91. Section 601.292, Transportation Code, is
15911592 amended to read as follows:
15921593 Sec. 601.292. DUTY TO PROVIDE EVIDENCE OF FINANCIAL
15931594 RESPONSIBILITY TO INVESTIGATING OFFICER. A person to whom this
15941595 subchapter applies shall provide evidence of financial
15951596 responsibility to a law enforcement officer of this state or a
15961597 political subdivision of this state who is conducting an
15971598 investigation of the crash [accident].
15981599 SECTION 92. Sections 601.293(b), (c), and (d),
15991600 Transportation Code, are amended to read as follows:
16001601 (b) The magistrate shall conduct an inquiry on the issues of
16011602 negligence and liability for bodily injury, death, or property
16021603 damage sustained in the crash [accident].
16031604 (c) If the magistrate determines that there is a reasonable
16041605 possibility that a judgment will be rendered against the person for
16051606 bodily injury, death, or property damage sustained in the crash
16061607 [accident], the magistrate shall order the person to provide:
16071608 (1) evidence of financial responsibility for the
16081609 bodily injury, death, or property damage; or
16091610 (2) evidence that the person is exempt from the
16101611 requirement of Section 601.051.
16111612 (d) A determination of negligence or liability under
16121613 Subsection (c) does not act as collateral estoppel on an issue in a
16131614 criminal or civil adjudication arising from the crash [accident].
16141615 SECTION 93. Section 601.294, Transportation Code, is
16151616 amended to read as follows:
16161617 Sec. 601.294. IMPOUNDMENT OF MOTOR VEHICLE. If a person to
16171618 whom this subchapter applies does not provide evidence required
16181619 under Section 601.293(c), the magistrate shall enter an order
16191620 directing the sheriff of the county or the chief of police of the
16201621 municipality to impound the motor vehicle owned or operated by the
16211622 person that was involved in the crash [accident].
16221623 SECTION 94. Section 601.296(a), Transportation Code, is
16231624 amended to read as follows:
16241625 (a) The department shall issue a certificate of release of
16251626 an impounded motor vehicle to the owner, operator, or person
16261627 authorized by the owner on submission to the department of:
16271628 (1) evidence of financial responsibility under
16281629 Section 601.053 that shows that at the time of the crash [accident]
16291630 the vehicle was in compliance with Section 601.051 or was exempt
16301631 from the requirement of Section 601.051;
16311632 (2) a release executed by each person damaged in the
16321633 crash [accident] other than the operator of the vehicle for which
16331634 the certificate of release is requested; or
16341635 (3) security in a form and amount determined by the
16351636 department to secure the payment of damages for which the operator
16361637 may be liable.
16371638 SECTION 95. Section 601.333, Transportation Code, is
16381639 amended to read as follows:
16391640 Sec. 601.333. RELIEF FROM SUSPENSION: MOTOR VEHICLE
16401641 LIABILITY INSURANCE. (a) A person whose driver's license, vehicle
16411642 registrations, or nonresident's operating privilege has been
16421643 suspended or is subject to suspension under Section 601.332 may
16431644 file with the department:
16441645 (1) evidence that there was a motor vehicle liability
16451646 insurance policy covering the motor vehicle involved in the crash
16461647 [accident] out of which the judgment arose in effect at the time of
16471648 the crash [accident];
16481649 (2) an affidavit stating that the person was insured
16491650 at the time of the crash [accident], that the insurance company is
16501651 liable to pay the judgment, and the reason, if known, that the
16511652 insurance company has not paid the judgment;
16521653 (3) the original policy of insurance or a certified
16531654 copy of the policy, if available; and
16541655 (4) any other documents required by the department to
16551656 show that the loss, injury, or damage for which the judgment was
16561657 rendered was covered by the insurance.
16571658 (b) The department may not suspend the driver's license,
16581659 vehicle registrations, or nonresident's operating privilege, and
16591660 shall reinstate a license, registration, or privilege that has been
16601661 suspended, if it is satisfied from the documents filed under
16611662 Subsection (a) that:
16621663 (1) there was a motor vehicle liability insurance
16631664 policy in effect for the vehicle at the time of the crash
16641665 [accident];
16651666 (2) the insurance company that issued the policy was
16661667 authorized to issue the policy in this state at the time the policy
16671668 was issued; and
16681669 (3) the insurance company is liable to pay the
16691670 judgment to the extent and for the amounts required by this chapter.
16701671 SECTION 96. Section 622.954(a), Transportation Code, is
16711672 amended to read as follows:
16721673 (a) A permit is not required to exceed the weight
16731674 limitations of Section 621.101 by a combination of a tow truck and
16741675 another vehicle or vehicle combination if:
16751676 (1) the nature of the service provided by the tow truck
16761677 is needed to remove disabled, abandoned, or crash-damaged
16771678 [accident-damaged] vehicles; and
16781679 (2) the tow truck is towing the other vehicle or
16791680 vehicle combination directly to the nearest authorized place of
16801681 repair, terminal, or vehicle storage facility.
16811682 SECTION 97. Section 623.0172(l), Transportation Code, is
16821683 amended to read as follows:
16831684 (l) Beginning in 2022, not later than September 1 of each
16841685 even-numbered year, the Texas Department of Transportation shall
16851686 conduct a study concerning vehicles operating under a permit issued
16861687 under this section and publish the results of the study. In
16871688 conducting the study, the Texas Department of Transportation shall
16881689 collect and examine the following information:
16891690 (1) the weight and configuration of vehicles operating
16901691 under a permit under this section that are involved in a motor
16911692 vehicle crash [accident];
16921693 (2) the types of vehicles operating under a permit
16931694 issued under this section;
16941695 (3) traffic volumes and variations of vehicles
16951696 operating under a permit issued under this section;
16961697 (4) weigh-in-motion data for highways located in and
16971698 around the area described by Subsection (c);
16981699 (5) impacts to state and local bridges, including
16991700 long-term bridge performance, for bridges located in and around the
17001701 area described by Subsection (c); and
17011702 (6) impacts to state and local roads, including
17021703 changes in pavement design standards, construction specification
17031704 details, maintenance frequency and types, and properties of
17041705 pavement and underlying soils resulting from or necessitated by
17051706 vehicles operating under a permit issued under this section.
17061707 SECTION 98. Section 623.410, Transportation Code, is
17071708 amended to read as follows:
17081709 Sec. 623.410. STUDY. Beginning in 2022, not later than
17091710 September 1 of each even-numbered year, the Texas Department of
17101711 Transportation shall conduct a study concerning vehicles operating
17111712 under a permit issued under this subchapter and publish the results
17121713 of the study. In conducting the study, the Texas Department of
17131714 Transportation shall collect and examine the following
17141715 information:
17151716 (1) the weight and configuration of vehicles operating
17161717 under a permit issued under this subchapter that are involved in a
17171718 motor vehicle crash [accident];
17181719 (2) the types of vehicles operating under a permit
17191720 issued under this subchapter;
17201721 (3) traffic volumes and variations of vehicles
17211722 operating under a permit issued under this subchapter;
17221723 (4) weigh-in-motion data for highways and roads
17231724 located in and around the area described by Section 623.405(b);
17241725 (5) impacts to state and local bridges, including
17251726 long-term bridge performance, for bridges located in and around the
17261727 area described by Section 623.405(b); and
17271728 (6) impacts to state and local roads, including
17281729 changes in pavement design standards, construction specification
17291730 details, maintenance frequency and types, and properties of
17301731 pavement and underlying soils resulting from or necessitated by
17311732 vehicles operating under a permit issued under this subchapter.
17321733 SECTION 99. Section 643.105, Transportation Code, is
17331734 amended to read as follows:
17341735 Sec. 643.105. INSOLVENCY OF INSURER. If an insurer for a
17351736 motor carrier becomes insolvent, is placed in receivership, or has
17361737 its certificate of authority suspended or revoked and if the
17371738 carrier no longer has insurance coverage as required by this
17381739 subchapter, the carrier shall file with the department, not later
17391740 than the 10th day after the date the coverage lapses:
17401741 (1) evidence of insurance as required by Section
17411742 643.103; and
17421743 (2) an affidavit that:
17431744 (A) indicates that a crash [an accident] from
17441745 which the carrier may incur liability did not occur while the
17451746 coverage was not in effect; or
17461747 (B) contains a plan acceptable to the department
17471748 indicating how the carrier will satisfy claims of liability against
17481749 the carrier for a crash [an accident] that occurred while the
17491750 coverage was not in effect.
17501751 SECTION 100. Section 644.151(b-1), Transportation Code, is
17511752 amended to read as follows:
17521753 (b-1) An offense under Subsection (a)(3) is a Class A
17531754 misdemeanor, except that the offense is:
17541755 (1) a state jail felony if it is shown on the trial of
17551756 the offense that at the time of the offense the commercial motor
17561757 vehicle was involved in a motor vehicle crash [accident] that
17571758 resulted in bodily injury; or
17581759 (2) a felony of the second degree if it is shown on the
17591760 trial of the offense that at the time of the offense the commercial
17601761 motor vehicle was involved in a motor vehicle crash [accident] that
17611762 resulted in the death of a person.
17621763 SECTION 101. Sections 661.003(c) and (i), Transportation
17631764 Code, are amended to read as follows:
17641765 (c) It is an exception to the application of Subsection (a)
17651766 or (b) that at the time the offense was committed, the person
17661767 required to wear protective headgear was at least 21 years old and
17671768 had successfully completed a motorcycle operator training and
17681769 safety course under Chapter 662 or was covered by a health insurance
17691770 plan providing the person with medical benefits for injuries
17701771 incurred as a result of a crash [an accident] while operating or
17711772 riding on a motorcycle. A peace officer may not arrest a person or
17721773 issue a citation to a person for a violation of Subsection (a) or
17731774 (b) if the person required to wear protective headgear is at least
17741775 21 years of age and presents evidence sufficient to show that the
17751776 person required to wear protective headgear has successfully
17761777 completed a motorcycle operator training and safety course or is
17771778 covered by a health insurance plan as described by this subsection.
17781779 (i) In this section, "health insurance plan" means an
17791780 individual, group, blanket, or franchise insurance policy,
17801781 insurance agreement, evidence of coverage, group hospital services
17811782 contract, health maintenance organization membership, or employee
17821783 benefit plan that provides benefits for health care services or for
17831784 medical or surgical expenses incurred as a result of a crash [an
17841785 accident].
17851786 SECTION 102. Section 686.001(1), Transportation Code, is
17861787 amended to read as follows:
17871788 (1) "Financial responsibility" means the ability to
17881789 respond in damages for liability for a crash [an accident] that:
17891790 (A) occurs after the effective date of the
17901791 document evidencing the establishment of the financial
17911792 responsibility; and
17921793 (B) arises out of the operation of a motor
17931794 vehicle by an employee of a valet parking service.
17941795 SECTION 103. Section 686.004(a), Transportation Code, is
17951796 amended to read as follows:
17961797 (a) The minimum amounts of motor vehicle liability
17971798 insurance coverage required to establish financial responsibility
17981799 under this chapter are:
17991800 (1) $100,000 for bodily injury to or death of one
18001801 person in one crash [accident];
18011802 (2) $300,000 for bodily injury to or death of two or
18021803 more persons in one crash [accident], subject to the amount
18031804 provided by Subdivision (1) for bodily injury to or death of one of
18041805 the persons; and
18051806 (3) $50,000 for damage to or destruction of property
18061807 of others in one crash [accident].
18071808 SECTION 104. Section 686.005, Transportation Code, is
18081809 amended to read as follows:
18091810 Sec. 686.005. COMMON LAW DEFENSES. In an action against an
18101811 owner or operator of a valet parking service that has not
18111812 established financial responsibility as required by this chapter to
18121813 recover damages for personal injuries, death, or property damage
18131814 sustained in a motor vehicle crash [accident] arising out of the
18141815 operation of a valet parking service, it is not a defense that the
18151816 party who brings the action:
18161817 (1) was guilty of contributory negligence; or
18171818 (2) assumed the risk of injury, death, or property
18181819 damage.
18191820 SECTION 105. Section 709.002(e), Transportation Code, is
18201821 amended to read as follows:
18211822 (e) Of the money received by the comptroller under this
18221823 section, the comptroller shall deposit:
18231824 (1) 80 percent to the credit of the undedicated
18241825 portion of the general revenue fund, to be used only for criminal
18251826 justice purposes; and
18261827 (2) 20 percent to the credit of the designated trauma
18271828 facility and emergency medical services account under Section
18281829 780.003, Health and Safety Code, to be used only for the criminal
18291830 justice purpose of funding designated trauma facilities, county and
18301831 regional emergency medical services, and trauma care systems that
18311832 provide trauma care and emergency medical services to victims of
18321833 crashes [accidents] resulting from traffic offenses.
18331834 SECTION 106. Section 723.011(a), Transportation Code, is
18341835 amended to read as follows:
18351836 (a) The governor shall:
18361837 (1) prepare and administer a statewide traffic safety
18371838 program designed to reduce traffic crashes [accidents] and the
18381839 death, injury, and property damage that result from traffic crashes
18391840 [accidents];
18401841 (2) adopt rules for the administration of this
18411842 chapter, including rules, procedures, and policy statements
18421843 governing grants-in-aid and contractual relations;
18431844 (3) receive on the state's behalf for the
18441845 implementation of this chapter money made available by the United
18451846 States under federal law; and
18461847 (4) allocate money appropriated by the legislature in
18471848 the General Appropriations Act to implement this chapter.
18481849 SECTION 107. Section 723.012, Transportation Code, is
18491850 amended to read as follows:
18501851 Sec. 723.012. TRAFFIC SAFETY PROGRAM. The statewide
18511852 traffic safety program must include:
18521853 (1) a driver education and training program
18531854 administered by the governor through appropriate agencies that
18541855 complies with Section 723.013;
18551856 (2) plans for improving:
18561857 (A) driver licensing;
18571858 (B) crash [accident] records;
18581859 (C) vehicle inspection, registration, and
18591860 titling;
18601861 (D) traffic engineering;
18611862 (E) personnel;
18621863 (F) police traffic supervision;
18631864 (G) traffic courts;
18641865 (H) highway design; and
18651866 (I) uniform traffic laws; and
18661867 (3) plans for local traffic safety programs by legal
18671868 and political subdivisions of this state that may be implemented if
18681869 the programs:
18691870 (A) are approved by the governor; and
18701871 (B) conform with uniform standards adopted under
18711872 the Highway Safety Act of 1966 (23 U.S.C. Sec. 401 et seq.).
18721873 SECTION 108. Section 723.013(a), Transportation Code, is
18731874 amended to read as follows:
18741875 (a) The statewide driver education and training program
18751876 required by Section 723.012 shall provide for:
18761877 (1) rules that permit controlled innovation and
18771878 experimentation and that set minimum standards for:
18781879 (A) classroom instruction;
18791880 (B) driving skills training;
18801881 (C) instructor qualifications;
18811882 (D) program content; and
18821883 (E) supplementary materials and equipment;
18831884 (2) a method for continuing evaluation of approved
18841885 driver education and training programs to identify the practices
18851886 most effective in preventing traffic crashes [accidents]; and
18861887 (3) contracts between the governing bodies of
18871888 centrally located independent school districts or other
18881889 appropriate public or private agencies and the state to provide
18891890 approved driver education and training programs.
18901891 SECTION 109. Section 724.012(b), Transportation Code, is
18911892 amended to read as follows:
18921893 (b) A peace officer shall require the taking of a specimen
18931894 of the person's breath or blood under any of the following
18941895 circumstances if the officer arrests the person for an offense
18951896 under Chapter 49, Penal Code, involving the operation of a motor
18961897 vehicle or a watercraft and the person refuses the officer's
18971898 request to submit to the taking of a specimen voluntarily:
18981899 (1) the person was the operator of a motor vehicle or a
18991900 watercraft involved in a crash [an accident] that the officer
19001901 reasonably believes occurred as a result of the offense and, at the
19011902 time of the arrest, the officer reasonably believes that as a direct
19021903 result of the crash [accident]:
19031904 (A) any individual has died or will die;
19041905 (B) an individual other than the person has
19051906 suffered serious bodily injury; or
19061907 (C) an individual other than the person has
19071908 suffered bodily injury and been transported to a hospital or other
19081909 medical facility for medical treatment;
19091910 (2) the offense for which the officer arrests the
19101911 person is an offense under Section 49.045, Penal Code; or
19111912 (3) at the time of the arrest, the officer possesses or
19121913 receives reliable information from a credible source that the
19131914 person:
19141915 (A) has been previously convicted of or placed on
19151916 community supervision for an offense under Section 49.045, 49.07,
19161917 or 49.08, Penal Code, or an offense under the laws of another state
19171918 containing elements substantially similar to the elements of an
19181919 offense under those sections; or
19191920 (B) on two or more occasions, has been previously
19201921 convicted of or placed on community supervision for an offense
19211922 under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an
19221923 offense under the laws of another state containing elements
19231924 substantially similar to the elements of an offense under those
19241925 sections.
19251926 SECTION 110. Section 726.002, Transportation Code, is
19261927 amended to read as follows:
19271928 Sec. 726.002. TESTING AND INSPECTION OF MOTOR VEHICLES. A
19281929 municipality may adopt an ordinance:
19291930 (1) requiring each resident of the municipality,
19301931 including a corporation having its principal office or place of
19311932 business in the municipality, who owns a motor vehicle used for the
19321933 transportation of persons or property and each person operating a
19331934 motor vehicle on the public thoroughfares of the municipality to
19341935 have each motor vehicle owned or operated, as appropriate, tested
19351936 and inspected not more than four times in each calendar year;
19361937 (2) requiring each motor vehicle involved in a crash
19371938 [an accident] to be tested and inspected before it may be operated
19381939 on the public thoroughfares of the municipality; or
19391940 (3) requiring that a motor vehicle operated on the
19401941 public thoroughfares of the municipality be tested, inspected, and
19411942 approved by the testing and inspecting authority.
19421943 SECTION 111. Sections 730.003(4) and (6), Transportation
19431944 Code, are amended to read as follows:
19441945 (4) "Motor vehicle record" means a record that
19451946 pertains to a motor vehicle operator's or driver's license or
19461947 permit, motor vehicle registration, motor vehicle title, or
19471948 identification document issued by an agency of this state or a local
19481949 agency authorized to issue an identification document. The term
19491950 does not include:
19501951 (A) a record that pertains to a motor carrier; or
19511952 (B) a crash [an accident] report prepared under:
19521953 (i) Chapter 550; or
19531954 (ii) former Section 601.004 before
19541955 September 1, 2017.
19551956 (6) "Personal information" means information that
19561957 identifies a person, including an individual's photograph or
19571958 computerized image, social security number, driver identification
19581959 number, name, address, but not the zip code, telephone number, and
19591960 medical or disability information. The term does not include:
19601961 (A) information on vehicle crashes [accidents],
19611962 driving or equipment-related violations, or driver's license or
19621963 registration status; or
19631964 (B) information contained in a crash [an
19641965 accident] report prepared under:
19651966 (i) Chapter 550; or
19661967 (ii) former Section 601.004 before
19671968 September 1, 2017.
19681969 SECTION 112. Section 1006.153(e), Transportation Code, is
19691970 amended to read as follows:
19701971 (e) Out of each fee collected under Subsection (b):
19711972 (1) 20 percent shall be appropriated to the authority
19721973 for the purposes of this chapter;
19731974 (2) 20 percent shall be deposited to the credit of the
19741975 general revenue fund, to be used only for criminal justice
19751976 purposes; and
19761977 (3) 60 percent shall be deposited to the credit of the
19771978 designated trauma facility and emergency medical services account
19781979 under Section 780.003, Health and Safety Code, to be used only for
19791980 the criminal justice purpose of funding designated trauma
19801981 facilities, county and regional emergency medical services, and
19811982 trauma care systems that provide trauma care and emergency medical
19821983 services to victims of crashes [accidents] resulting from traffic
19831984 offenses.
19841985 SECTION 113. The heading to Chapter 504, Business &
19851986 Commerce Code, is amended to read as follows:
19861987 CHAPTER 504. PROHIBITED USE OF CRIME VICTIM OR MOTOR VEHICLE CRASH
19871988 [ACCIDENT] INFORMATION
19881989 SECTION 114. Section 504.001(2), Business & Commerce Code,
19891990 is amended to read as follows:
19901991 (2) "Motor vehicle crash [accident] information"
19911992 means information that:
19921993 (A) is collected or prepared by a law enforcement
19931994 agency; and
19941995 (B) identifies or serves to identify a person
19951996 who, according to a record of the agency, may have been involved in
19961997 a motor vehicle crash [accident].
19971998 SECTION 115. Section 504.002(a), Business & Commerce Code,
19981999 is amended to read as follows:
19992000 (a) A person who possesses crime victim or motor vehicle
20002001 crash [accident] information that the person obtained or knows was
20012002 obtained from a law enforcement agency may not:
20022003 (1) use the information to contact directly any of the
20032004 following persons for the purpose of soliciting business from the
20042005 person:
20052006 (A) a crime victim;
20062007 (B) a person who was involved in a motor vehicle
20072008 crash [accident]; or
20082009 (C) a member of the family of a person described
20092010 by Paragraph (A) or (B); or
20102011 (2) sell the information to another person for
20112012 financial gain.
20122013 SECTION 116. Section 30.006(e), Civil Practice and Remedies
20132014 Code, is amended to read as follows:
20142015 (e) This section does not apply to:
20152016 (1) a report of a crash [an accident] under Chapter
20162017 550, Transportation Code; and
20172018 (2) photographs, field measurements, scene drawings,
20182019 and crash [accident] reconstruction done in conjunction with the
20192020 investigation of the underlying crash [accident].
20202021 SECTION 117. Article 12.01, Code of Criminal Procedure, is
20212022 amended to read as follows:
20222023 Art. 12.01. FELONIES. Except as provided in Article 12.03,
20232024 felony indictments may be presented within these limits, and not
20242025 afterward:
20252026 (1) no limitation:
20262027 (A) murder and manslaughter;
20272028 (B) sexual assault under Section 22.011(a)(2),
20282029 Penal Code, or aggravated sexual assault under Section
20292030 22.021(a)(1)(B), Penal Code;
20302031 (C) sexual assault, if:
20312032 (i) during the investigation of the offense
20322033 biological matter is collected and the matter:
20332034 (a) has not yet been subjected to
20342035 forensic DNA testing; or
20352036 (b) has been subjected to forensic DNA
20362037 testing and the testing results show that the matter does not match
20372038 the victim or any other person whose identity is readily
20382039 ascertained; or
20392040 (ii) probable cause exists to believe that
20402041 the defendant has committed the same or a similar sex offense
20412042 against five or more victims;
20422043 (D) continuous sexual abuse of young child or
20432044 children under Section 21.02, Penal Code;
20442045 (E) indecency with a child under Section 21.11,
20452046 Penal Code;
20462047 (F) an offense involving leaving the scene of a
20472048 crash [an accident] under Section 550.021, Transportation Code, if
20482049 the crash [accident] resulted in the death of a person;
20492050 (G) trafficking of persons under Section
20502051 20A.02(a)(7) or (8), Penal Code;
20512052 (H) continuous trafficking of persons under
20522053 Section 20A.03, Penal Code; or
20532054 (I) compelling prostitution under Section
20542055 43.05(a)(2), Penal Code;
20552056 (2) ten years from the date of the commission of the
20562057 offense:
20572058 (A) theft of any estate, real, personal or mixed,
20582059 by an executor, administrator, guardian or trustee, with intent to
20592060 defraud any creditor, heir, legatee, ward, distributee,
20602061 beneficiary or settlor of a trust interested in such estate;
20612062 (B) theft by a public servant of government
20622063 property over which the public servant exercises control in the
20632064 public servant's official capacity;
20642065 (C) forgery or the uttering, using or passing of
20652066 forged instruments;
20662067 (D) injury to an elderly or disabled individual
20672068 punishable as a felony of the first degree under Section 22.04,
20682069 Penal Code;
20692070 (E) sexual assault, except as provided by
20702071 Subdivision (1) or (7);
20712072 (F) arson;
20722073 (G) trafficking of persons under Section
20732074 20A.02(a)(1), (2), (3), or (4), Penal Code; or
20742075 (H) compelling prostitution under Section
20752076 43.05(a)(1), Penal Code;
20762077 (3) seven years from the date of the commission of the
20772078 offense:
20782079 (A) misapplication of fiduciary property or
20792080 property of a financial institution;
20802081 (B) securing execution of document by deception;
20812082 (C) a felony violation under Chapter 162, Tax
20822083 Code;
20832084 (D) false statement to obtain property or credit
20842085 under Section 32.32, Penal Code;
20852086 (E) money laundering;
20862087 (F) credit card or debit card abuse under Section
20872088 32.31, Penal Code;
20882089 (G) fraudulent use or possession of identifying
20892090 information under Section 32.51, Penal Code;
20902091 (H) exploitation of a child, elderly individual,
20912092 or disabled individual under Section 32.53, Penal Code;
20922093 (I) health care fraud under Section 35A.02, Penal
20932094 Code; or
20942095 (J) bigamy under Section 25.01, Penal Code,
20952096 except as provided by Subdivision (6);
20962097 (4) five years from the date of the commission of the
20972098 offense:
20982099 (A) theft or robbery;
20992100 (B) except as provided by Subdivision (5),
21002101 kidnapping or burglary;
21012102 (C) injury to an elderly or disabled individual
21022103 that is not punishable as a felony of the first degree under Section
21032104 22.04, Penal Code;
21042105 (D) abandoning or endangering a child; or
21052106 (E) insurance fraud;
21062107 (5) if the investigation of the offense shows that the
21072108 victim is younger than 17 years of age at the time the offense is
21082109 committed, 20 years from the 18th birthday of the victim of one of
21092110 the following offenses:
21102111 (A) sexual performance by a child under Section
21112112 43.25, Penal Code;
21122113 (B) aggravated kidnapping under Section
21132114 20.04(a)(4), Penal Code, if the defendant committed the offense
21142115 with the intent to violate or abuse the victim sexually; or
21152116 (C) burglary under Section 30.02, Penal Code, if
21162117 the offense is punishable under Subsection (d) of that section and
21172118 the defendant committed the offense with the intent to commit an
21182119 offense described by Subdivision (1)(B) or (D) of this article or
21192120 Paragraph (B) of this subdivision;
21202121 (6) ten years from the 18th birthday of the victim of
21212122 the offense:
21222123 (A) trafficking of persons under Section
21232124 20A.02(a)(5) or (6), Penal Code;
21242125 (B) injury to a child under Section 22.04, Penal
21252126 Code; or
21262127 (C) bigamy under Section 25.01, Penal Code, if
21272128 the investigation of the offense shows that the person, other than
21282129 the legal spouse of the defendant, whom the defendant marries or
21292130 purports to marry or with whom the defendant lives under the
21302131 appearance of being married is younger than 18 years of age at the
21312132 time the offense is committed;
21322133 (7) two years from the date the offense was
21332134 discovered: sexual assault punishable as a state jail felony under
21342135 Section 22.011(f)(2), Penal Code, as amended by Chapter 436 (S.B.
21352136 1259), Acts of the 86th Legislature, Regular Session, 2019; or
21362137 (8) three years from the date of the commission of the
21372138 offense: all other felonies.
21382139 SECTION 118. Article 42A.515, Code of Criminal Procedure,
21392140 as added by Chapter 290 (H.B. 2502), Acts of the 86th Legislature,
2140- Regular Session, 2019, is redesignated as Article 42A.516, Code of
2141+ Regular Session, 2019, is redesignated as Section 42A.516, Code of
21412142 Criminal Procedure, and amended to read as follows:
21422143 Art. 42A.516 [42A.515]. COMMUNITY SUPERVISION FOR LEAVING
21432144 SCENE OF MOTOR VEHICLE CRASH [ACCIDENT] RESULTING IN DEATH OF
21442145 PERSON. (a) A judge granting community supervision to a defendant
21452146 convicted of an offense punishable under Section 550.021(c)(1)(A),
21462147 Transportation Code, shall require as a condition of community
21472148 supervision that the defendant submit to a term of confinement of
21482149 not less than 120 days.
21492150 (b) If a sentence of confinement is imposed on the
21502151 revocation of community supervision, the term of confinement served
21512152 under Subsection (a) may not be credited toward completion of the
21522153 sentence imposed.
21532154 SECTION 119. Article 49.10(j), Code of Criminal Procedure,
21542155 is amended to read as follows:
21552156 (j) A justice of the peace may order a physician, qualified
21562157 technician, paramedic, chemist, registered professional nurse, or
21572158 licensed vocational nurse to take a specimen of blood from the body
21582159 of a person who died as the result of a motor vehicle crash
21592160 [accident] if the justice determines that circumstances indicate
21602161 that the person may have been driving while intoxicated.
21612162 SECTION 120. Article 59.01(3), Code of Criminal Procedure,
21622163 is amended to read as follows:
21632164 (3) "Crime of violence" means:
21642165 (A) any criminal offense defined in the Penal
21652166 Code or in a federal criminal law that results in a personal injury
21662167 to a victim; or
21672168 (B) an act that is not an offense under the Penal
21682169 Code involving the operation of a motor vehicle, aircraft, or water
21692170 vehicle that results in injury or death sustained in a crash [an
21702171 accident] caused by a driver in violation of Section 550.021,
21712172 Transportation Code.
21722173 SECTION 121. Section 1001.112(a-2), Education Code, is
21732174 amended to read as follows:
21742175 (a-2) The rules must provide that the person conducting the
21752176 course:
21762177 (1) possess a valid license for the preceding three
21772178 years that has not been suspended, revoked, or forfeited in the past
21782179 three years for an offense that involves the operation of a motor
21792180 vehicle;
21802181 (2) has not been convicted of:
21812182 (A) criminally negligent homicide; or
21822183 (B) driving while intoxicated in the past seven
21832184 years; and
21842185 (3) has not been convicted during the preceding three
21852186 years of:
21862187 (A) three or more moving violations described by
21872188 Section 542.304, Transportation Code, including violations that
21882189 resulted in a crash [an accident]; or
21892190 (B) two or more moving violations described by
21902191 Section 542.304, Transportation Code, that resulted in a crash [an
21912192 accident].
21922193 SECTION 122. Section 264.513(c), Family Code, is amended to
21932194 read as follows:
21942195 (c) A person is not required to report a death under this
21952196 section that is the result of a motor vehicle crash [accident].
21962197 This subsection does not affect a duty imposed by another law to
21972198 report a death that is the result of a motor vehicle crash
21982199 [accident].
21992200 SECTION 123. Section 411.0726(e), Government Code, is
22002201 amended to read as follows:
22012202 (e) A court may not issue an order of nondisclosure of
22022203 criminal history record information under this section if the
22032204 attorney representing the state presents evidence sufficient to the
22042205 court demonstrating that the commission of the offense for which
22052206 the order is sought resulted in a motor vehicle crash [accident]
22062207 involving another person, including a passenger in a motor vehicle
22072208 operated by the person seeking the order of nondisclosure.
22082209 SECTION 124. Section 411.0731(e), Government Code, is
22092210 amended to read as follows:
22102211 (e) A court may not issue an order of nondisclosure of
22112212 criminal history record information under this section if the
22122213 attorney representing the state presents evidence sufficient to the
22132214 court demonstrating that the commission of the offense for which
22142215 the order is sought resulted in a motor vehicle crash [accident]
22152216 involving another person, including a passenger in a motor vehicle
22162217 operated by the person seeking the order of nondisclosure.
22172218 SECTION 125. Section 411.0736(e), Government Code, is
22182219 amended to read as follows:
22192220 (e) A court may not issue an order of nondisclosure of
22202221 criminal history record information under this section if the
22212222 attorney representing the state presents evidence sufficient to the
22222223 court demonstrating that the commission of the offense for which
22232224 the order is sought resulted in a motor vehicle crash [accident]
22242225 involving another person, including a passenger in a motor vehicle
22252226 operated by the person seeking the order of nondisclosure.
22262227 SECTION 126. Section 423.002(a), Government Code, is
22272228 amended to read as follows:
22282229 (a) It is lawful to capture an image using an unmanned
22292230 aircraft in this state:
22302231 (1) for the purpose of professional or scholarly
22312232 research and development or for another academic purpose by a
22322233 person acting on behalf of an institution of higher education or a
22332234 private or independent institution of higher education, as those
22342235 terms are defined by Section 61.003, Education Code, including a
22352236 person who:
22362237 (A) is a professor, employee, or student of the
22372238 institution; or
22382239 (B) is under contract with or otherwise acting
22392240 under the direction or on behalf of the institution;
22402241 (2) in airspace designated as a test site or range
22412242 authorized by the Federal Aviation Administration for the purpose
22422243 of integrating unmanned aircraft systems into the national
22432244 airspace;
22442245 (3) as part of an operation, exercise, or mission of
22452246 any branch of the United States military;
22462247 (4) if the image is captured by a satellite for the
22472248 purposes of mapping;
22482249 (5) if the image is captured by or for an electric or
22492250 natural gas utility or a telecommunications provider:
22502251 (A) for operations and maintenance of utility or
22512252 telecommunications facilities for the purpose of maintaining
22522253 utility or telecommunications system reliability and integrity;
22532254 (B) for inspecting utility or telecommunications
22542255 facilities to determine repair, maintenance, or replacement needs
22552256 during and after construction of such facilities;
22562257 (C) for assessing vegetation growth for the
22572258 purpose of maintaining clearances on utility or telecommunications
22582259 easements; and
22592260 (D) for utility or telecommunications facility
22602261 routing and siting for the purpose of providing utility or
22612262 telecommunications service;
22622263 (6) with the consent of the individual who owns or
22632264 lawfully occupies the real property captured in the image;
22642265 (7) pursuant to a valid search or arrest warrant;
22652266 (8) if the image is captured by a law enforcement
22662267 authority or a person who is under contract with or otherwise acting
22672268 under the direction or on behalf of a law enforcement authority:
22682269 (A) in immediate pursuit of a person law
22692270 enforcement officers have reasonable suspicion or probable cause to
22702271 suspect has committed an offense, not including misdemeanors or
22712272 offenses punishable by a fine only;
22722273 (B) for the purpose of documenting a crime scene
22732274 where an offense, not including misdemeanors or offenses punishable
22742275 by a fine only, has been committed;
22752276 (C) for the purpose of investigating the scene
22762277 of:
22772278 (i) a human fatality;
22782279 (ii) a motor vehicle crash [accident]
22792280 causing death or serious bodily injury to a person; or
22802281 (iii) any motor vehicle crash [accident] on
22812282 a state highway or federal interstate or highway;
22822283 (D) in connection with the search for a missing
22832284 person;
22842285 (E) for the purpose of conducting a high-risk
22852286 tactical operation that poses a threat to human life;
22862287 (F) of private property that is generally open to
22872288 the public where the property owner consents to law enforcement
22882289 public safety responsibilities; or
22892290 (G) of real property or a person on real property
22902291 that is within 25 miles of the United States border for the sole
22912292 purpose of ensuring border security;
22922293 (9) if the image is captured by state or local law
22932294 enforcement authorities, or a person who is under contract with or
22942295 otherwise acting under the direction or on behalf of state
22952296 authorities, for the purpose of:
22962297 (A) surveying the scene of a catastrophe or other
22972298 damage to determine whether a state of emergency should be
22982299 declared;
22992300 (B) preserving public safety, protecting
23002301 property, or surveying damage or contamination during a lawfully
23012302 declared state of emergency; or
23022303 (C) conducting routine air quality sampling and
23032304 monitoring, as provided by state or local law;
23042305 (10) at the scene of a spill, or a suspected spill, of
23052306 hazardous materials;
23062307 (11) for the purpose of fire suppression;
23072308 (12) for the purpose of rescuing a person whose life or
23082309 well-being is in imminent danger;
23092310 (13) if the image is captured by a Texas licensed real
23102311 estate broker in connection with the marketing, sale, or financing
23112312 of real property, provided that no individual is identifiable in
23122313 the image;
23132314 (14) from a height no more than eight feet above ground
23142315 level in a public place, if the image was captured without using any
23152316 electronic, mechanical, or other means to amplify the image beyond
23162317 normal human perception;
23172318 (15) of public real property or a person on that
23182319 property;
23192320 (16) if the image is captured by the owner or operator
23202321 of an oil, gas, water, or other pipeline for the purpose of
23212322 inspecting, maintaining, or repairing pipelines or other related
23222323 facilities, and is captured without the intent to conduct
23232324 surveillance on an individual or real property located in this
23242325 state;
23252326 (17) in connection with oil pipeline safety and rig
23262327 protection;
23272328 (18) in connection with port authority surveillance
23282329 and security;
23292330 (19) if the image is captured by a registered
23302331 professional land surveyor in connection with the practice of
23312332 professional surveying, as those terms are defined by Section
23322333 1071.002, Occupations Code, provided that no individual is
23332334 identifiable in the image;
23342335 (20) if the image is captured by a professional
23352336 engineer licensed under Subchapter G, Chapter 1001, Occupations
23362337 Code, in connection with the practice of engineering, as defined by
23372338 Section 1001.003, Occupations Code, provided that no individual is
23382339 identifiable in the image; or
23392340 (21) if:
23402341 (A) the image is captured by an employee of an
23412342 insurance company or of an affiliate of the company in connection
23422343 with the underwriting of an insurance policy, or the rating or
23432344 adjusting of an insurance claim, regarding real property or a
23442345 structure on real property; and
23452346 (B) the operator of the unmanned aircraft is
23462347 authorized by the Federal Aviation Administration to conduct
23472348 operations within the airspace from which the image is captured.
23482349 SECTION 127. Section 1952.155, Insurance Code, is amended
23492350 to read as follows:
23502351 Sec. 1952.155. BENEFITS PAYABLE WITHOUT REGARD TO FAULT OR
23512352 COLLATERAL SOURCE; EFFECT ON SUBROGATION. (a) The benefits under
23522353 coverage required by this subchapter are payable without regard to:
23532354 (1) the fault or nonfault of the named insured or
23542355 recipient in causing or contributing to the crash [accident]; and
23552356 (2) any collateral source of medical, hospital, or
23562357 wage continuation benefits.
23572358 (b) Except as provided by Subsection (c), an insurer paying
23582359 benefits under coverage required by this subchapter does not have a
23592360 right of subrogation or claim against any other person or insurer to
23602361 recover any benefits by reason of the alleged fault of the other
23612362 person in causing or contributing to the crash [accident].
23622363 (c) An insurer paying benefits pursuant to this subchapter,
23632364 including a county mutual insurance company, shall have a right of
23642365 subrogation and a claim against a person causing or contributing to
23652366 the crash [accident] if, on the date of loss, financial
23662367 responsibility as required by Chapter 601, Transportation Code, has
23672368 not been established for a motor vehicle involved in the crash
23682369 [accident] and operated by that person.
23692370 SECTION 128. Section 1954.056(b), Insurance Code, is
23702371 amended to read as follows:
23712372 (b) A transportation network company driver shall carry
23722373 proof of insurance that satisfies Sections 1954.052 and 1954.053
23732374 with the driver when the driver uses a vehicle in connection with a
23742375 transportation network company's digital network. In the event of
23752376 a crash [an accident], a driver shall provide the proof of insurance
23762377 to a directly interested person, automobile insurer, and
23772378 investigating peace officer on request under Section 601.053,
23782379 Transportation Code. On request, a driver shall also disclose to a
23792380 directly interested person, automobile insurer, and investigating
23802381 peace officer whether, at the time of the crash [accident], the
23812382 driver was:
23822383 (1) logged on to the company's digital network; or
23832384 (2) engaged in a prearranged ride.
23842385 SECTION 129. Section 2308.002(5-a), Occupations Code, is
23852386 amended to read as follows:
23862387 (5-a) "Incident management tow" means any tow of a
23872388 vehicle in which the tow truck is summoned to the scene of a traffic
23882389 crash [accident] or to an incident, including the removal of a
23892390 vehicle, commercial cargo, and commercial debris from a crash [an
23902391 accident] or incident scene.
23912392 SECTION 130. Sections 2308.209(c), (d), and (h),
23922393 Occupations Code, are amended to read as follows:
23932394 (c) The sheriff's office may maintain a list of towing
23942395 companies to perform nonconsent tows of motor vehicles initiated by
23952396 a peace officer investigating a traffic crash [accident] or a
23962397 traffic incident. The towing companies must operate in a county to
23972398 which this section applies.
23982399 (d) A peace officer initiating a nonconsent tow of a motor
23992400 vehicle involved in a traffic crash [accident] or traffic incident
24002401 that the officer is investigating shall notify the sheriff's office
24012402 that the tow is being initiated. The sheriff's office shall
24022403 contact successive towing companies on the tow rotation list until
24032404 a company agrees to carry out the tow.
24042405 (h) In a county in which a list is maintained under
24052406 Subsection (c), a person commits an offense if:
24062407 (1) the person arrives at the scene of a traffic crash
24072408 [accident] or traffic incident to perform a nonconsent tow of a
24082409 motor vehicle without first being contacted by the sheriff's
24092410 office;
24102411 (2) the person directly or indirectly solicits, on
24112412 streets located in the county, towing services, including towing,
24122413 removing, repairing, wrecking, storing, trading, selling, or
24132414 purchasing related to a vehicle that has been damaged in a crash [an
24142415 accident] to the extent that it cannot be normally and safely
24152416 driven; or
24162417 (3) the person enters the scene of a traffic crash
24172418 [accident], traffic incident, or other area under the control of a
24182419 peace officer without the permission of the peace officer.
24192420 SECTION 131. The heading to Section 38.18, Penal Code, is
24202421 amended to read as follows:
24212422 Sec. 38.18. USE OF CRASH [ACCIDENT] REPORT INFORMATION AND
24222423 OTHER INFORMATION FOR PECUNIARY GAIN.
24232424 SECTION 132. Section 2(4-a), Article 6243g-4, Vernon's
24242425 Texas Civil Statutes, is amended to read as follows:
24252426 (4-a) "Catastrophic injury" means a sudden, violent,
24262427 life-threatening, duty-related injury sustained by an active
24272428 member that is due to an externally caused motor vehicle crash
24282429 [accident], gunshot wound, aggravated assault, or other external
24292430 event or events and results, as supported by evidence, in one of the
24302431 following conditions:
24312432 (A) total, complete, and permanent loss of sight
24322433 in one or both eyes;
24332434 (B) total, complete, and permanent loss of the
24342435 use of one or both feet at or above the ankle;
24352436 (C) total, complete, and permanent loss of the
24362437 use of one or both hands at or above the wrist;
24372438 (D) injury to the spine that results in a total,
24382439 permanent, and complete paralysis of both arms, both legs, or one
24392440 arm and one leg; or
24402441 (E) an externally caused physical traumatic
24412442 injury to the brain rendering the member physically or mentally
24422443 unable to perform the member's duties as a police officer.
24432444 SECTION 133. To the extent of any conflict, this Act
24442445 prevails over another Act of the 87th Legislature, Regular Session,
24452446 2021, relating to nonsubstantive additions to and corrections in
24462447 enacted codes.
24472448 SECTION 134. This Act takes effect September 1, 2021.