Texas 2021 - 87th Regular

Texas Senate Bill SB1945 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10172 MP-D
2	2	By: Lucio S.B. No. 1945
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the terminology used to describe
8	8	transportation-related accidents.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 22.085(b), Transportation Code, is
11	11	amended to read as follows:
12	12	(b) A joint board may use contracts and rating plans and may
13	13	implement risk management programs designed to prevent crashes
14	14	[accidents]. In developing its insurance program, a joint board
15	15	may consider the peculiar hazards, indemnity standards, and past
16	16	prospective loss and expense experience of the joint board and of
17	17	its contractors and subcontractors.
18	18	SECTION 2. Section 66.017, Transportation Code, is amended
19	19	to read as follows:
20	20	Sec. 66.017. DUTIES. The board shall:
21	21	(1) establish the number of pilots necessary to
22	22	provide adequate pilot services for each Harris County port;
23	23	(2) accept applications for pilot licenses and
24	24	certificates and determine whether each applicant meets the
25	25	qualifications for a pilot;
26	26	(3) submit to the governor lists of applicants the
27	27	board finds to be qualified for appointment as pilots;
28	28	(4) establish pilotage rates;
29	29	(5) approve the locations for pilot stations;
30	30	(6) establish times during which pilot services will
31	31	be available;
32	32	(7) hear and determine complaints relating to the
33	33	conduct of pilots;
34	34	(8) recommend to the governor each pilot whose license
35	35	or certificate should not be renewed or should be revoked;
36	36	(9) adopt rules and issue orders to pilots or vessels
37	37	when necessary to secure efficient pilot services, including
38	38	minimizing the interference of two-way routes;
39	39	(10) institute investigations or hearings or both to
40	40	consider casualties, crashes [accidents], or other actions that
41	41	violate this chapter; and
42	42	(11) provide penalties to be imposed on a person who is
43	43	not a pilot for a Harris County port who pilots a vessel into or out
44	44	of the port if a pilot offered those services to the vessel.
45	45	SECTION 3. Section 67.017, Transportation Code, is amended
46	46	to read as follows:
47	47	Sec. 67.017. DUTIES. The board shall:
48	48	(1) recommend to the governor the number of pilots
49	49	necessary to provide adequate pilot services for each Galveston
50	50	County port;
51	51	(2) accept applications for pilot licenses and
52	52	certificates and determine whether each applicant meets the
53	53	qualifications for a pilot;
54	54	(3) provide names of all qualified applicants for
55	55	certificates to each pilot association office of Galveston County;
56	56	(4) submit to the governor the names of persons who
57	57	have qualified under this chapter to be appointed as branch pilots;
58	58	(5) establish pilotage rates;
59	59	(6) approve any changes of the locations for pilot
60	60	stations;
61	61	(7) establish times during which pilot services will
62	62	be available;
63	63	(8) hear and determine complaints relating to the
64	64	conduct of pilots;
65	65	(9) make recommendations to the governor concerning
66	66	any pilot whose license or certificate should not be renewed or
67	67	should be revoked;
68	68	(10) adopt rules and issue orders to pilots and
69	69	vessels when necessary to secure efficient pilot services;
70	70	(11) institute investigations or hearings or both to
71	71	consider casualties, crashes [accidents], or other actions that
72	72	violate this chapter;
73	73	(12) provide penalties to be imposed on a person who is
74	74	not a pilot for a Galveston County port and who pilots a vessel into
75	75	or out of the port; and
76	76	(13) approve a training program for deputy branch
77	77	pilots.
78	78	SECTION 4. Section 68.017, Transportation Code, is amended
79	79	to read as follows:
80	80	Sec. 68.017. DUTIES. The board shall:
81	81	(1) recommend to the governor the number of pilots
82	82	necessary to provide adequate pilot services for each Brazoria
83	83	County port;
84	84	(2) accept applications for pilot licenses and
85	85	certificates and determine whether each applicant meets the
86	86	qualifications for a pilot;
87	87	(3) provide the names of all qualified applicants for
88	88	certificates to the Brazos Pilots Association;
89	89	(4) submit to the governor the names of persons who
90	90	have qualified under this chapter to be commissioned as branch
91	91	pilots;
92	92	(5) establish pilotage rates;
93	93	(6) approve the locations for pilot stations;
94	94	(7) establish times during which pilot services will
95	95	be available;
96	96	(8) hear and determine complaints relating to the
97	97	conduct of pilots;
98	98	(9) recommend to the governor each pilot whose license
99	99	or certificate should not be renewed or should be revoked;
100	100	(10) adopt rules and issue orders to pilots or vessels
101	101	when necessary to secure efficient pilot services;
102	102	(11) institute investigations or hearings or both to
103	103	consider casualties, crashes [accidents], or other actions that
104	104	violate this chapter;
105	105	(12) provide penalties to be imposed on a person who is
106	106	not a pilot for a Brazoria County port who pilots a vessel into or
107	107	out of the port; and
108	108	(13) approve a training program for deputy branch
109	109	pilots.
110	110	SECTION 5. Sections 69.017(a) and (c), Transportation Code,
111	111	are amended to read as follows:
112	112	(a) The board shall:
113	113	(1) establish the number of pilots necessary to
114	114	provide adequate pilot services for each Jefferson or Orange County
115	115	port;
116	116	(2) establish pilotage rates;
117	117	(3) hear and determine complaints relating to the
118	118	conduct of pilots;
119	119	(4) make recommendations to the governor concerning
120	120	any pilot whose license or certificate should not be renewed or
121	121	should be revoked;
122	122	(5) adopt rules and issue orders to pilots and vessels
123	123	when necessary to secure efficient pilot services;
124	124	(6) institute investigations or hearings or both to
125	125	consider casualties, crashes [accidents], or other actions that
126	126	violate this chapter;
127	127	(7) provide penalties to be imposed on a person who is
128	128	not a pilot for a Jefferson or Orange County port and who pilots a
129	129	vessel into or out of the port if the person offered pilot services
130	130	to the vessel;
131	131	(8) establish times during which pilot services will
132	132	be available;
133	133	(9) accept applications for pilot licenses and
134	134	certificates and determine whether each applicant meets the
135	135	qualifications for a pilot;
136	136	(10) submit to the governor the names of persons who
137	137	have qualified under this chapter to be appointed as branch pilots;
138	138	and
139	139	(11) approve any changes of the locations of pilot
140	140	stations.
141	141	(c) The board may assess against the users of pilot
142	142	services:
143	143	(1) the actual costs the board considers fair and just
144	144	incurred in connection with hearings against any applicant or
145	145	objecting party; and
146	146	(2) other expenses that are necessary and proper to
147	147	enable the board to effectively carry out the purposes and
148	148	requirements of this chapter, including processing of applications
149	149	for pilot licenses and certificates, establishing pilotage,
150	150	determining and approving the locations for pilot stations,
151	151	establishing times during which pilot services will be available,
152	152	hearing and ruling on complaints relating to the conduct of pilots,
153	153	adopting rules and issuing orders to pilots or vessels when
154	154	necessary to secure efficient pilot services, instituting
155	155	investigations or hearings to consider casualties, crashes
156	156	[accidents], or other actions that violate this chapter, making of
157	157	any provision for proper, safe, and efficient pilotage, and funding
158	158	general administrative expenses associated with the operation of
159	159	the board.
160	160	SECTION 6. Section 70.017, Transportation Code, is amended
161	161	to read as follows:
162	162	Sec. 70.017. DUTIES. The board shall:
163	163	(1) recommend to the governor the number of pilots
164	164	necessary to provide adequate pilot services for the Port of Corpus
165	165	Christi;
166	166	(2) examine and determine the qualifications of each
167	167	applicant for branch pilot;
168	168	(3) submit to the governor the names of persons who
169	169	have qualified under this chapter to be appointed as branch pilots;
170	170	(4) establish pilotage rates;
171	171	(5) approve any changes of the locations of pilot
172	172	stations;
173	173	(6) establish times during which pilot services will
174	174	be available;
175	175	(7) hear and determine complaints relating to the
176	176	conduct of pilots;
177	177	(8) make recommendations to the governor concerning
178	178	any pilot whose license or certificate should not be renewed or
179	179	should be revoked;
180	180	(9) adopt rules and issue orders to pilots and vessels
181	181	when necessary to secure efficient pilot services; and
182	182	(10) institute investigations or hearings or both to
183	183	consider casualties, crashes [accidents], or other actions that
184	184	violate this chapter.
185	185	SECTION 7. Sections 112.103(b) and (c), Transportation
186	186	Code, are amended to read as follows:
187	187	(b) An operator who is involved, while operating a
188	188	locomotive, in a crash [an accident] resulting in injury to or death
189	189	of a person or damage to a vehicle that is driven or attended by a
190	190	person shall immediately stop the locomotive at the scene of the
191	191	crash [accident].
192	192	(c) The operator shall render to a person injured in the
193	193	crash [accident] reasonable assistance, including transporting, or
194	194	the making of arrangements for transporting, the person to a
195	195	physician, surgeon, or hospital for medical or surgical treatment
196	196	if it is apparent that treatment is necessary or if the injured
197	197	person requests transportation.
198	198	SECTION 8. Section 192.005, Transportation Code, is amended
199	199	to read as follows:
200	200	Sec. 192.005. RECORD OF CRASH [ACCIDENT] OR VIOLATION. If
201	201	a person operating a railroad locomotive or train is involved in a
202	202	crash [an accident] with another train or a motor vehicle or is
203	203	arrested for violation of a law relating to the person's operation
204	204	of a railroad locomotive or train:
205	205	(1) the number of or other identifying information on
206	206	the person's driver's license or commercial driver's license may not
207	207	be included in any report of the crash [accident] or violation; and
208	208	(2) the person's involvement in the crash [accident]
209	209	or violation may not be recorded in the person's individual driving
210	210	record maintained by the Department of Public Safety.
211	211	SECTION 9. Section 201.806, Transportation Code, is amended
212	212	to read as follows:
213	213	Sec. 201.806. CRASH [ACCIDENT] REPORTS. (a) The
214	214	department shall:
215	215	(1) tabulate and analyze the vehicle crash [accident]
216	216	reports it receives; and
217	217	(2) annually or more frequently publish on the
218	218	department's Internet website statistical information derived from
219	219	the crash [accident] reports as to the number, cause, and location
220	220	of highway crashes [accidents], including information regarding
221	221	the number of:
222	222	(A) crashes [accidents] involving injury to,
223	223	death of, or property damage to a bicyclist or pedestrian; and
224	224	(B) fatalities caused by a bridge collapse, as
225	225	defined by Section 550.081.
226	226	(b) The department shall provide electronic access to the
227	227	system containing the crash [accident] reports so that the
228	228	Department of Public Safety can perform its duties, including the
229	229	duty to make timely entries on driver records.
230	230	SECTION 10. Sections 201.909(a), (b), and (c),
231	231	Transportation Code, are amended to read as follows:
232	232	(a) In this section, "victim" means a person killed in a
233	233	highway crash [accident] involving alcohol or a controlled
234	234	substance, excluding an operator who was under the influence of
235	235	alcohol or a controlled substance.
236	236	(b) The commission by rule shall establish and administer a
237	237	memorial sign program to publicly memorialize the victims of
238	238	alcohol or controlled substance-related vehicle crashes
239	239	[accidents].
240	240	(c) A sign designed and posted under this section shall
241	241	include:
242	242	(1) the phrase "Please Don't Drink and Drive";
243	243	(2) the phrase "In Memory Of" and the name of one or
244	244	more victims in accordance with the commission rule; and
245	245	(3) the date of the crash [accident] that resulted in
246	246	the victim's death.
247	247	SECTION 11. Sections 201.911(a), (b), and (c),
248	248	Transportation Code, are amended to read as follows:
249	249	(a) In this section, "victim" means a person killed in a
250	250	highway crash [accident] while operating or riding on a motorcycle.
251	251	(b) The commission by rule shall establish and administer a
252	252	memorial sign program to publicly memorialize the victims of
253	253	motorcycle crashes [accidents].
254	254	(c) A sign designed and posted under this section shall
255	255	include:
256	256	(1) a red cross;
257	257	(2) the phrase "In Memory Of" and the name of one or
258	258	more victims in accordance with the commission rule; and
259	259	(3) the date of the crash [accident] that resulted in
260	260	the victim's death.
261	261	SECTION 12. Section 222.003(d), Transportation Code, is
262	262	amended to read as follows:
263	263	(d) Of the aggregate principal amount of bonds and other
264	264	public securities that may be issued under this section, the
265	265	commission shall issue bonds or other public securities in an
266	266	aggregate principal amount of $1.2 billion to fund projects that
267	267	reduce crashes [accidents] or correct or improve hazardous
268	268	locations on the state highway system. The commission by rule
269	269	shall prescribe criteria for selecting projects eligible for
270	270	funding under this section. In establishing criteria for the
271	271	projects, the commission shall consider crash [accident] data,
272	272	traffic volume, pavement geometry, and other conditions that can
273	273	create or exacerbate hazardous roadway conditions.
274	274	SECTION 13. Section 391.038(c-2), Transportation Code, is
275	275	amended to read as follows:
276	276	(c-2) Subsection (c-1) does not apply to the rebuilding of a
277	277	sign under Subsection (c) if the person who holds the permit for the
278	278	sign rebuilds because of damage to the sign caused by:
279	279	(1) wind or a natural disaster;
280	280	(2) a motor vehicle crash [accident]; or
281	281	(3) an act of God.
282	282	SECTION 14. Section 451.108(c), Transportation Code, is
283	283	amended to read as follows:
284	284	(c) A peace officer commissioned under this section, except
285	285	as provided by Subsections (d) and (e), or a peace officer
286	286	contracted for employment by an authority confirmed before July 1,
287	287	1985, in which the principal municipality has a population of less
288	288	than 850,000, may:
289	289	(1) make an arrest in any county in which the transit
290	290	authority system is located as necessary to prevent or abate the
291	291	commission of an offense against the law of this state or a
292	292	political subdivision of this state if the offense or threatened
293	293	offense occurs on or involves the transit authority system;
294	294	(2) make an arrest for an offense involving injury or
295	295	detriment to the transit authority system;
296	296	(3) enforce traffic laws and investigate traffic
297	297	crashes [accidents] that involve or occur in the transit authority
298	298	system; and
299	299	(4) provide emergency and public safety services to
300	300	the transit authority system or users of the transit authority
301	301	system.
302	302	SECTION 15. Section 451.454(c), Transportation Code, is
303	303	amended to read as follows:
304	304	(c) Each audit must include an examination of:
305	305	(1) one or more of the following:
306	306	(A) the administration and management of the
307	307	authority;
308	308	(B) transit operations; or
309	309	(C) transit authority system maintenance;
310	310	(2) the authority's compliance with applicable state
311	311	law, including this chapter; and
312	312	(3) the following performance indicators:
313	313	(A) operating cost per passenger, per revenue
314	314	mile, and per revenue hour;
315	315	(B) sales and use tax receipts per passenger;
316	316	(C) fare recovery rate;
317	317	(D) average vehicle occupancy;
318	318	(E) on-time performance;
319	319	(F) number of crashes [accidents] per 100,000
320	320	miles; and
321	321	(G) number of miles between mechanical road
322	322	calls.
323	323	SECTION 16. Section 451.455(h), Transportation Code, is
324	324	amended to read as follows:
325	325	(h) The number of crashes [accidents] per 100,000 miles is
326	326	computed by multiplying the annual number of crashes [accidents] by
327	327	100,000 and dividing the product by the number of miles for all
328	328	service, including charter and nonrevenue service, directly
329	329	operated by the authority for the same period. In this subsection,
330	330	"crash [accident]" includes:
331	331	(1) a collision that involves an authority's revenue
332	332	vehicle, other than a lawfully parked revenue vehicle, and that
333	333	results in property damage, injury, or death; and
334	334	(2) an incident that results in the injury or death of
335	335	a person on board or boarding or alighting from an authority's
336	336	revenue vehicle.
337	337	SECTION 17. Section 452.062(b), Transportation Code, is
338	338	amended to read as follows:
339	339	(b) An authority may use contracts, rating plans, and risk
340	340	management programs designed to encourage crash [accident]
341	341	prevention.
342	342	SECTION 18. Section 452.454(c), Transportation Code, is
343	343	amended to read as follows:
344	344	(c) Each audit must include an examination of:
345	345	(1) one or more of the following:
346	346	(A) the administration and management of the
347	347	authority;
348	348	(B) transit operations; or
349	349	(C) transit authority system maintenance;
350	350	(2) the authority's compliance with applicable state
351	351	law, including this chapter; and
352	352	(3) the following performance indicators:
353	353	(A) subsidy per passenger, operating cost per
354	354	revenue mile, and operating cost per revenue hour;
355	355	(B) sales and use tax receipts per passenger;
356	356	(C) fare recovery rate;
357	357	(D) number of passengers per hour;
358	358	(E) on-time performance;
359	359	(F) number of crashes [accidents] per 100,000
360	360	miles; and
361	361	(G) number of miles between mechanical service
362	362	calls.
363	363	SECTION 19. Section 452.455(i), Transportation Code, is
364	364	amended to read as follows:
365	365	(i) The number of crashes [accidents] per 100,000 miles is
366	366	computed by multiplying the annual number of crashes [accidents] by
367	367	100,000 and dividing the product by the number of miles for all
368	368	service, including charter and nonrevenue service for the same
369	369	period. In this subsection, "crash [accident]" includes:
370	370	(1) a collision that involves an authority's revenue
371	371	vehicle, other than a lawfully parked revenue vehicle, and results
372	372	in property damage, injury, or death; and
373	373	(2) an operating incident resulting in the injury or
374	374	death of a person on board or boarding or alighting from an
375	375	authority's revenue vehicle.
376	376	SECTION 20. Section 460.110(b), Transportation Code, is
377	377	amended to read as follows:
378	378	(b) An authority may use contracts, rating plans, and risk
379	379	management programs designed to encourage crash [accident]
380	380	prevention.
381	381	SECTION 21. Section 463.065(b), Transportation Code, is
382	382	amended to read as follows:
383	383	(b) An authority may use contracts, rating plans, and risk
384	384	management programs designed to encourage crash [accident]
385	385	prevention.
386	386	SECTION 22. Section 521.025(c), Transportation Code, is
387	387	amended to read as follows:
388	388	(c) A person who violates this section commits an
389	389	offense. An offense under this subsection is a misdemeanor
390	390	punishable by a fine not to exceed $200, except that:
391	391	(1) for a second conviction within one year after the
392	392	date of the first conviction, the offense is a misdemeanor
393	393	punishable by a fine of not less than $25 or more than $200;
394	394	(2) for a third or subsequent conviction within one
395	395	year after the date of the second conviction the offense is a
396	396	misdemeanor punishable by:
397	397	(A) a fine of not less than $25 or more than $500;
398	398	(B) confinement in the county jail for not less
399	399	than 72 hours or more than six months; or
400	400	(C) both the fine and confinement; and
401	401	(3) if it is shown on the trial of the offense that at
402	402	the time of the offense the person was operating the motor vehicle
403	403	in violation of Section 601.191 and caused or was at fault in a
404	404	motor vehicle crash [accident] that resulted in serious bodily
405	405	injury to or the death of another person, an offense under this
406	406	section is a Class A misdemeanor.
407	407	SECTION 23. Section 521.042, Transportation Code, is
408	408	amended to read as follows:
409	409	Sec. 521.042. CRASH [ACCIDENT] AND CONVICTION REPORTS;
410	410	INDIVIDUAL RECORDS. (a) Except as provided by this section, the
411	411	department shall record each crash [accident] report and abstract
412	412	of the court record of a conviction received by the department under
413	413	a law of this state.
414	414	(b) The records must enable the department to consider, on
415	415	receipt of a renewal application and at other suitable times, the
416	416	record of each license holder that shows any:
417	417	(1) conviction of that license holder; and
418	418	(2) traffic crash [accident] in which the license
419	419	holder has been involved.
420	420	(c) The record of a license holder who is employed as a peace
421	421	officer, fire fighter, or emergency medical services employee of
422	422	this state, a political subdivision of this state, or a special
423	423	purpose district may not include information relating to a traffic
424	424	crash [accident] that occurs while the peace officer, fire fighter,
425	425	or emergency medical services employee is driving an official
426	426	vehicle in the course and scope of the license holder's official
427	427	duties if:
428	428	(1) the traffic crash [accident] resulted in damages
429	429	to property of less than $1,000; or
430	430	(2) an investigation of the crash [accident] by a
431	431	peace officer, other than a peace officer involved in the crash
432	432	[accident], determines that the peace officer, fire fighter, or
433	433	emergency medical services employee involved in the crash
434	434	[accident] was not at fault.
435	435	(d) Before issuing or renewing a license, the department
436	436	shall examine the record of the applicant for information relating
437	437	to a conviction of a traffic violation or involvement in a traffic
438	438	crash [accident]. The department may not issue or renew a license
439	439	if the department determines that the issuance or renewal of the
440	440	license would be inimical to the public safety.
441	441	(e) The director may maintain records required under this
442	442	subchapter on microfilm or computer.
443	443	SECTION 24. The heading to Section 521.046, Transportation
444	444	Code, is amended to read as follows:
445	445	Sec. 521.046. DISCLOSURE OF CRASH [ACCIDENT] AND CONVICTION
446	446	INFORMATION.
447	447	SECTION 25. Section 521.046(a), Transportation Code, is
448	448	amended to read as follows:
449	449	(a) In addition to the information authorized to be released
450	450	under Section 521.045, on receipt of a written request and payment
451	451	of a $6 fee, the department may disclose that information and
452	452	information regarding each reported motor vehicle moving
453	453	violation, as defined by department rule, resulting in a traffic
454	454	law conviction and each motor vehicle crash [accident] in which the
455	455	individual received a citation, by date and location, within the
456	456	three years preceding the date of the request, to a person who:
457	457	(1) is eligible to receive the information under
458	458	Chapter 730; and
459	459	(2) submits to the department the individual's
460	460	driver's license number or the individual's full name and date of
461	461	birth.
462	462	SECTION 26. Section 521.047(b), Transportation Code, is
463	463	amended to read as follows:
464	464	(b) The department may disclose information as recorded in
465	465	department records that relates to:
466	466	(1) the individual's date of birth;
467	467	(2) the current license status of the individual;
468	468	(3) the individual's most recent address;
469	469	(4) the completion of an approved driver education
470	470	course by the individual;
471	471	(5) the fact of, but not the reason for, completion of
472	472	a driver safety course by the individual; and
473	473	(6) each of the individual's reported traffic law
474	474	violations and motor vehicle crashes [accidents], by date and
475	475	location.
476	476	SECTION 27. Section 521.049(e), Transportation Code, is
477	477	amended to read as follows:
478	478	(e) A driver's license record or personal identification
479	479	certificate record provided under Subsection (d)(1) may not include
480	480	information relating to an individual's social security number or
481	481	any crash [accident] or conviction information about an individual.
482	482	SECTION 28. Section 521.060(a), Transportation Code, is
483	483	amended to read as follows:
484	484	(a) The department shall maintain in its files a record of
485	485	the name, address, and telephone number of each individual
486	486	identified by the holder of a driver's license or personal
487	487	identification certificate as an individual the holder authorizes
488	488	to be contacted in the event that the holder is injured or dies in or
489	489	as a result of a vehicular crash [accident] or another emergency
490	490	situation. In addition, the department shall maintain in its files
491	491	a record of any medical information described by Section 521.125(a)
492	492	that is provided to the department under Subsection (c) or any
493	493	health condition information that is voluntarily provided to the
494	494	department under Section 521.142(h).
495	495	SECTION 29. Section 521.292(a), Transportation Code, is
496	496	amended to read as follows:
497	497	(a) The department shall suspend the person's license if the
498	498	department determines that the person:
499	499	(1) has operated a motor vehicle on a highway while the
500	500	person's license was suspended, canceled, disqualified, or
501	501	revoked, or without a license after an application for a license was
502	502	denied;
503	503	(2) is a habitually reckless or negligent operator of
504	504	a motor vehicle;
505	505	(3) is a habitual violator of the traffic laws;
506	506	(4) has permitted the unlawful or fraudulent use of
507	507	the person's license;
508	508	(5) has committed an offense in another state or
509	509	Canadian province that, if committed in this state, would be
510	510	grounds for suspension;
511	511	(6) has been convicted of two or more separate
512	512	offenses of a violation of a restriction imposed on the use of the
513	513	license;
514	514	(7) has been responsible as a driver for any crash
515	515	[accident] resulting in serious personal injury or serious property
516	516	damage;
517	517	(8) is under 18 years of age and has been convicted of
518	518	two or more moving violations committed within a 12-month period;
519	519	or
520	520	(9) has committed an offense under Section 545.421.
521	521	SECTION 30. Section 521.457(f-2), Transportation Code, is
522	522	amended to read as follows:
523	523	(f-2) An offense under this section is a Class A misdemeanor
524	524	if it is shown on the trial of the offense that at the time of the
525	525	offense the person was operating the motor vehicle in violation of
526	526	Section 601.191 and caused or was at fault in a motor vehicle crash
527	527	[accident] that resulted in serious bodily injury to or the death of
528	528	another person.
529	529	SECTION 31. Section 522.003(25), Transportation Code, is
530	530	amended to read as follows:
531	531	(25) "Serious traffic violation" means:
532	532	(A) a conviction arising from the driving of a
533	533	motor vehicle, other than a parking, vehicle weight, or vehicle
534	534	defect violation, for:
535	535	(i) excessive speeding, involving a single
536	536	charge of driving 15 miles per hour or more above the posted speed
537	537	limit;
538	538	(ii) reckless driving, as defined by state
539	539	or local law;
540	540	(iii) a violation of a state or local law
541	541	related to motor vehicle traffic control, including a law
542	542	regulating the operation of vehicles on highways, arising in
543	543	connection with a fatal crash [accident];
544	544	(iv) improper or erratic traffic lane
545	545	change;
546	546	(v) following the vehicle ahead too
547	547	closely; or
548	548	(vi) a violation of Sections 522.011 or
549	549	522.042; or
550	550	(B) a violation of Section 522.015.
551	551	SECTION 32. Section 522.081(b), Transportation Code, is
552	552	amended to read as follows:
553	553	(b) Except as provided by this subsection, this subsection
554	554	applies to a violation committed while operating any type of motor
555	555	vehicle, including a commercial motor vehicle. A person who holds
556	556	a commercial driver's license or commercial learner's permit is
557	557	disqualified from driving a commercial motor vehicle for one year:
558	558	(1) if convicted of three violations of a law that
559	559	regulates the operation of a motor vehicle at a railroad grade
560	560	crossing that occur within a three-year period;
561	561	(2) on first conviction of:
562	562	(A) driving a motor vehicle under the influence
563	563	of alcohol or a controlled substance, including a violation of
564	564	Section 49.04, 49.045, or 49.07, Penal Code;
565	565	(B) leaving the scene of a crash [an accident]
566	566	involving a motor vehicle driven by the person;
567	567	(C) using a motor vehicle in the commission of a
568	568	felony, other than a felony described by Subsection (d)(2);
569	569	(D) causing the death of another person through
570	570	the negligent or criminal operation of a motor vehicle; or
571	571	(E) driving a commercial motor vehicle while the
572	572	person's commercial driver's license or commercial learner's permit
573	573	is revoked, suspended, or canceled, or while the person is
574	574	disqualified from driving a commercial motor vehicle, for an action
575	575	or conduct that occurred while operating a commercial motor
576	576	vehicle;
577	577	(3) for refusing to submit to a test under Chapter 724
578	578	to determine the person's alcohol concentration or the presence in
579	579	the person's body of a controlled substance or drug while operating
580	580	a motor vehicle in a public place; or
581	581	(4) if an analysis of the person's blood, breath, or
582	582	urine under Chapter 522, 524, or 724 determines that the person:
583	583	(A) had an alcohol concentration of 0.04 or more,
584	584	or that a controlled substance or drug was present in the person's
585	585	body, while operating a commercial motor vehicle in a public place;
586	586	or
587	587	(B) had an alcohol concentration of 0.08 or more
588	588	while operating a motor vehicle, other than a commercial motor
589	589	vehicle, in a public place.
590	590	SECTION 33. Section 523.005(a), Transportation Code, is
591	591	amended to read as follows:
592	592	(a) The licensing authority in the home state, for the
593	593	purpose of suspension, revocation, cancellation, denial,
594	594	disqualification, or limitation of the privilege to operate a motor
595	595	vehicle, shall give the same effect to the conduct reported
596	596	pursuant to Section 523.004 as it would if such conduct had occurred
597	597	in the home state in the case of conviction for:
598	598	(1) manslaughter or negligent homicide resulting from
599	599	the operation of a motor vehicle;
600	600	(2) driving a motor vehicle while under the influence
601	601	of alcoholic beverages or a narcotic to a degree which renders the
602	602	driver incapable of safely driving a motor vehicle;
603	603	(3) any felony in the commission of which a motor
604	604	vehicle is used; or
605	605	(4) failure to stop and render aid or information in
606	606	the event of a motor vehicle crash [accident] resulting in the death
607	607	or personal injury of another.
608	608	SECTION 34. Section 542.206, Transportation Code, is
609	609	amended to read as follows:
610	610	Sec. 542.206. EFFECT OF SPEED LIMITS IN A CIVIL ACTION. A
611	611	provision of this subtitle declaring a maximum or minimum speed
612	612	limit does not relieve the plaintiff in a civil action from the
613	613	burden of proving negligence of the defendant as the proximate
614	614	cause of a crash [an accident].
615	615	SECTION 35. Section 542.4045, Transportation Code, is
616	616	amended to read as follows:
617	617	Sec. 542.4045. PENALTIES FOR FAILURE TO YIELD RIGHT-OF-WAY
618	618	OFFENSE RESULTING IN CRASH [ACCIDENT]. If it is shown on the trial
619	619	of an offense under this subtitle in which an element is the failure
620	620	by the operator of a vehicle to yield the right-of-way to another
621	621	vehicle that a crash [an accident] resulted from the operator's
622	622	failure to yield the right-of-way:
623	623	(1) the offense is punishable by a fine of not less
624	624	than $500 or more than $2,000, if a person other than the operator
625	625	of the vehicle suffered bodily injury, as defined by Section 1.07,
626	626	Penal Code, in the crash [accident]; and
627	627	(2) the offense is punishable by a fine of not less
628	628	than $1,000 or more than $4,000, if a person other than the operator
629	629	of the vehicle suffered serious bodily injury, as defined by
630	630	Section 1.07, Penal Code, in the crash [accident].
631	631	SECTION 36. Section 543.002(a), Transportation Code, is
632	632	amended to read as follows:
633	633	(a) A person arrested for a violation of this subtitle
634	634	punishable as a misdemeanor shall be immediately taken before a
635	635	magistrate if:
636	636	(1) the person is arrested on a charge of failure to
637	637	stop in the event of a crash [an accident] causing damage to
638	638	property; or
639	639	(2) the person demands an immediate appearance before
640	640	a magistrate or refuses to make a written promise to appear in court
641	641	as provided by this subchapter.
642	642	SECTION 37. Section 543.011(c), Transportation Code, is
643	643	amended to read as follows:
644	644	(c) The law enforcement agency shall:
645	645	(1) as soon as practicable contact the United States
646	646	Department of State to verify the person's status and immunity, if
647	647	any; and
648	648	(2) not later than the fifth working day after the date
649	649	of the stop or issuance of the notice to appear, send to the Bureau
650	650	of Diplomatic Security Office of Foreign Missions of the United
651	651	States Department of State the following:
652	652	(A) a copy of any notice to appear issued to the
653	653	person and any crash [accident] report prepared; or
654	654	(B) if a notice to appear was not issued and a
655	655	crash [an accident] report was not prepared, a written report of the
656	656	incident.
657	657	SECTION 38. Section 545.356(d), Transportation Code, is
658	658	amended to read as follows:
659	659	(d) The governing body of a municipality that declares a
660	660	lower speed limit on a highway or part of a highway under Subsection
661	661	(b-1) or (b-3), not later than February 1 of each year, shall
662	662	publish on its Internet website and submit to the department a
663	663	report that compares for each of the two previous calendar years:
664	664	(1) the number of traffic citations issued by peace
665	665	officers of the municipality and the alleged speed of the vehicles,
666	666	for speed limit violations on the highway or part of the highway;
667	667	(2) the number of warning citations issued by peace
668	668	officers of the municipality on the highway or part of the highway;
669	669	and
670	670	(3) the number of vehicular crashes [accidents] that
671	671	resulted in injury or death and were attributable to speed limit
672	672	violations on the highway or part of the highway.
673	673	SECTION 39. Section 545.3561, Transportation Code, is
674	674	amended to read as follows:
675	675	Sec. 545.3561. AUTHORITY OF MUNICIPALITY OR COUNTY TO
676	676	TEMPORARILY LOWER SPEED LIMIT AT VEHICULAR CRASH [ACCIDENT]
677	677	RECONSTRUCTION SITE. (a) The governing body of a municipality by
678	678	ordinance may give a designated official with transportation
679	679	engineering experience establishing speed limits discretion to
680	680	temporarily lower a prima facie speed limit for a highway or part of
681	681	a highway in the municipality, including a highway of the state
682	682	highway system, at the site of an investigation using vehicular
683	683	crash [accident] reconstruction.
684	684	(b) A county commissioners court by order may give a
685	685	designated official with transportation engineering experience
686	686	establishing speed limits discretion to temporarily lower prima
687	687	facie speed limits for a county road or highway outside the
688	688	boundaries of a municipality at the site of an investigation using
689	689	vehicular crash [accident] reconstruction. The authority granted
690	690	under this subsection does not include a road or highway in the
691	691	state highway system.
692	692	(c) The Texas Department of Transportation shall develop
693	693	safety guidelines for the use of vehicular crash [accident]
694	694	reconstruction in investigations. A municipality, county, or
695	695	designated official shall comply with the guidelines.
696	696	(d) A designated official may temporarily lower prima facie
697	697	speed limits without the approval of or permission from the Texas
698	698	Department of Transportation. A designated official who intends
699	699	to temporarily lower a prima facie speed limit at the site of an
700	700	investigation using vehicular crash [accident] reconstruction
701	701	shall, at least 48 hours before temporary speed limit signs are
702	702	posted for the vehicular crash [accident] reconstruction site,
703	703	provide to the Texas Department of Transportation notice that
704	704	includes:
705	705	(1) the date and time of the crash [accident]
706	706	reconstruction;
707	707	(2) the location of the crash [accident]
708	708	reconstruction site;
709	709	(3) the entities involved at the site;
710	710	(4) the general size of the area affected by the site;
711	711	and
712	712	(5) an estimate of how long the site will be used for
713	713	the crash [accident] reconstruction.
714	714	(e) A temporary speed limit established under this section:
715	715	(1) is a prima facie prudent and reasonable speed
716	716	limit enforceable in the same manner as other prima facie speed
717	717	limits established under other provisions of this subchapter; and
718	718	(2) supersedes any other established speed limit that
719	719	would permit a person to operate a motor vehicle at a higher rate of
720	720	speed.
721	721	(f) A designated official who temporarily lowers a speed
722	722	limit shall:
723	723	(1) place and maintain at the vehicular crash
724	724	[accident] reconstruction site temporary speed limit signs that
725	725	conform to the manual and specifications adopted under Section
726	726	544.001;
727	727	(2) temporarily conceal all other signs on the highway
728	728	segment affected by the vehicular crash [accident] reconstruction
729	729	site that give notice of a speed limit that would permit a person to
730	730	operate a motor vehicle at a higher rate of speed; and
731	731	(3) remove all temporary speed limit signs placed
732	732	under Subdivision (1) and concealments of other signs placed under
733	733	Subdivision (2) when the official finds that the vehicular crash
734	734	[accident] reconstruction is complete and all equipment is removed
735	735	from the vehicular crash [accident] reconstruction site.
736	736	(g) A temporary speed limit established under this section
737	737	is effective when a designated official places temporary speed
738	738	limit signs and conceals other signs that would permit a person to
739	739	operate a motor vehicle at a higher rate of speed as required under
740	740	Subsection (f).
741	741	(h) A temporary speed limit established under this section
742	742	is effective until the designated official under Subsection (a) or
743	743	(b):
744	744	(1) finds that the vehicular crash [accident]
745	745	reconstruction is complete; and
746	746	(2) removes all temporary signs, concealments, and
747	747	equipment used at the vehicular crash [accident] reconstruction
748	748	site.
749	749	(i) If a designated official does not comply with the
750	750	requirements of Subsection (f)(3) for a vehicular crash [accident]
751	751	reconstruction on a state highway associated with the
752	752	reconstruction, the Texas Department of Transportation may remove
753	753	signs and concealments.
754	754	SECTION 40. Section 545.4121(b), Transportation Code, is
755	755	amended to read as follows:
756	756	(b) It is a defense to prosecution of an offense to which
757	757	this section applies that the defendant provides to the court
758	758	evidence satisfactory to the court that:
759	759	(1) at the time of the offense:
760	760	(A) the defendant was not arrested or issued a
761	761	citation for violation of any other offense;
762	762	(B) the defendant did not possess a child
763	763	passenger safety seat system in the vehicle; and
764	764	(C) the vehicle the defendant was operating was
765	765	not involved in a crash [an accident]; and
766	766	(2) subsequent to the time of the offense,
767	767	the defendant obtained an appropriate child passenger safety seat
768	768	system for each child required to be secured in a child passenger
769	769	safety seat system under Section 545.412(a).
770	770	SECTION 41. Section 545.420(i), Transportation Code, is
771	771	amended to read as follows:
772	772	(i) This subsection applies only to a motor vehicle used in
773	773	the commission of an offense under this section that results in a
774	774	crash [an accident] with property damage or personal injury. A
775	775	peace officer shall require the vehicle to be taken to the nearest
776	776	licensed vehicle storage facility unless the vehicle is seized as
777	777	evidence, in which case the vehicle may be taken to a storage
778	778	facility as designated by the peace officer
779	779	involved. Notwithstanding Article 18.23, Code of Criminal
780	780	Procedure, the owner of a motor vehicle that is removed or stored
781	781	under this subsection is liable for all removal and storage fees
782	782	incurred and is not entitled to take possession of the vehicle until
783	783	those fees are paid.
784	784	SECTION 42. Section 545.455, Transportation Code, is
785	785	amended to read as follows:
786	786	Sec. 545.455. DUTIES FOLLOWING CRASH [ACCIDENT] INVOLVING
787	787	AUTOMATED MOTOR VEHICLE. In the event of a crash [an accident]
788	788	involving an automated motor vehicle, the automated motor vehicle
789	789	or any human operator of the automated motor vehicle shall comply
790	790	with Chapter 550.
791	791	SECTION 43. Section 547.305(d), Transportation Code, is
792	792	amended to read as follows:
793	793	(d) A vehicle may be equipped with alternately flashing
794	794	lighting equipment described by Section 547.701 or 547.702 only if
795	795	the vehicle is:
796	796	(1) a school bus;
797	797	(2) an authorized emergency vehicle;
798	798	(3) a church bus that has the words "church bus"
799	799	printed on the front and rear of the bus so as to be clearly
800	800	discernable to other vehicle operators;
801	801	(4) a tow truck while under the direction of a law
802	802	enforcement officer at the scene of a crash [an accident] or while
803	803	hooking up to a disabled vehicle on a roadway; or
804	804	(5) a tow truck with a mounted light bar which has turn
805	805	signals and stop lamps in addition to those required by Sections
806	806	547.322, 547.323, and 547.324, Transportation Code.
807	807	SECTION 44. Section 547.615(a)(2), Transportation Code, is
808	808	amended to read as follows:
809	809	(2) "Recording device" means a feature that is
810	810	installed by the manufacturer in a motor vehicle and that does any
811	811	of the following for the purpose of retrieving information from the
812	812	vehicle after a crash [an accident] in which the vehicle has been
813	813	involved:
814	814	(A) records the speed and direction the vehicle
815	815	is traveling;
816	816	(B) records vehicle location data;
817	817	(C) records steering performance;
818	818	(D) records brake performance, including
819	819	information on whether brakes were applied before a crash [an
820	820	accident];
821	821	(E) records the driver's safety belt status; or
822	822	(F) transmits information concerning the crash
823	823	[accident] to a central communications system when the crash
824	824	[accident] occurs.
825	825	SECTION 45. Section 547.615(c), Transportation Code, is
826	826	amended to read as follows:
827	827	(c) Information recorded or transmitted by a recording
828	828	device may not be retrieved by a person other than the owner of the
829	829	motor vehicle in which the recording device is installed except:
830	830	(1) on court order;
831	831	(2) with the consent of the owner for any purpose,
832	832	including for the purpose of diagnosing, servicing, or repairing
833	833	the motor vehicle;
834	834	(3) for the purpose of improving motor vehicle safety,
835	835	including for medical research on the human body's reaction to
836	836	motor vehicle crashes [accidents], if the identity of the owner or
837	837	driver of the vehicle is not disclosed in connection with the
838	838	retrieved information; or
839	839	(4) for the purpose of determining the need for or
840	840	facilitating emergency medical response in the event of a motor
841	841	vehicle crash [accident].
842	842	SECTION 46. Section 548.053(b), Transportation Code, is
843	843	amended to read as follows:
844	844	(b) A vehicle that is inspected and is subsequently involved
845	845	in a crash or other incident [an accident] affecting the safe
846	846	operation of an item of inspection must be reinspected following
847	847	repair. The reinspection must be at an inspection station and shall
848	848	be treated and charged as an initial inspection.
849	849	SECTION 47. The heading to Chapter 550, Transportation
850	850	Code, is amended to read as follows:
851	851	CHAPTER 550. CRASHES [ACCIDENTS] AND CRASH [ACCIDENT] REPORTS
852	852	SECTION 48. The heading to Subchapter B, Chapter 550,
853	853	Transportation Code, is amended to read as follows:
854	854	SUBCHAPTER B. DUTIES FOLLOWING CRASH [ACCIDENT]
855	855	SECTION 49. Section 550.021, Transportation Code, is
856	856	amended to read as follows:
857	857	Sec. 550.021. CRASH [ACCIDENT] INVOLVING PERSONAL INJURY OR
858	858	DEATH. (a) The operator of a vehicle involved in a crash [an
859	859	accident] that results or is reasonably likely to result in injury
860	860	to or death of a person shall:
861	861	(1) immediately stop the vehicle at the scene of the
862	862	crash [accident] or as close to the scene as possible;
863	863	(2) immediately return to the scene of the crash
864	864	[accident] if the vehicle is not stopped at the scene of the crash
865	865	[accident];
866	866	(3) immediately determine whether a person is involved
867	867	in the crash [accident], and if a person is involved in the crash
868	868	[accident], whether that person requires aid; and
869	869	(4) remain at the scene of the crash [accident] until
870	870	the operator complies with the requirements of Section 550.023.
871	871	(b) An operator of a vehicle required to stop the vehicle by
872	872	Subsection (a) shall do so without obstructing traffic more than is
873	873	necessary.
874	874	(c) A person commits an offense if the person does not stop
875	875	or does not comply with the requirements of this section. An
876	876	offense under this section:
877	877	(1) involving a crash [an accident] resulting in:
878	878	(A) death of a person is a felony of the second
879	879	degree; or
880	880	(B) serious bodily injury, as defined by Section
881	881	1.07, Penal Code, to a person is a felony of the third degree; and
882	882	(2) involving a crash [an accident] resulting in
883	883	injury to which Subdivision (1) does not apply is punishable by:
884	884	(A) imprisonment in the Texas Department of
885	885	Criminal Justice for not more than five years or confinement in the
886	886	county jail for not more than one year;
887	887	(B) a fine not to exceed $5,000; or
888	888	(C) both the fine and the imprisonment or
889	889	confinement.
890	890	SECTION 50. The heading to Section 550.022, Transportation
891	891	Code, is amended to read as follows:
892	892	Sec. 550.022. CRASH [ACCIDENT] INVOLVING DAMAGE TO VEHICLE.
893	893	SECTION 51. Sections 550.022(a) and (b), Transportation
894	894	Code, are amended to read as follows:
895	895	(a) Except as provided by Subsection (b), the operator of a
896	896	vehicle involved in a crash [an accident] resulting only in damage
897	897	to a vehicle that is driven or attended by a person shall:
898	898	(1) immediately stop the vehicle at the scene of the
899	899	crash [accident] or as close as possible to the scene of the crash
900	900	[accident] without obstructing traffic more than is necessary;
901	901	(2) immediately return to the scene of the crash
902	902	[accident] if the vehicle is not stopped at the scene of the crash
903	903	[accident]; and
904	904	(3) remain at the scene of the crash [accident] until
905	905	the operator complies with the requirements of Section 550.023.
906	906	(b) If a crash [an accident] occurs on a main lane, ramp,
907	907	shoulder, median, or adjacent area of a freeway in a metropolitan
908	908	area and each vehicle involved can be normally and safely driven,
909	909	each operator shall move the operator's vehicle as soon as possible
910	910	to a designated crash [accident] investigation site, if available,
911	911	a location on the frontage road, the nearest suitable cross street,
912	912	or other suitable location to complete the requirements of Section
913	913	550.023 and minimize interference with freeway traffic.
914	914	SECTION 52. Section 550.023, Transportation Code, is
915	915	amended to read as follows:
916	916	Sec. 550.023. DUTY TO GIVE INFORMATION AND RENDER AID. The
917	917	operator of a vehicle involved in a crash [an accident] resulting in
918	918	the injury or death of a person or damage to a vehicle that is driven
919	919	or attended by a person shall:
920	920	(1) give the operator's name and address, the
921	921	registration number of the vehicle the operator was driving, and
922	922	the name of the operator's motor vehicle liability insurer to any
923	923	person injured or the operator or occupant of or person attending a
924	924	vehicle involved in the collision;
925	925	(2) if requested and available, show the operator's
926	926	driver's license to a person described by Subdivision (1); and
927	927	(3) provide any person injured in the crash [accident]
928	928	reasonable assistance, including transporting or making
929	929	arrangements for transporting the person to a physician or hospital
930	930	for medical treatment if it is apparent that treatment is
931	931	necessary, or if the injured person requests the transportation.
932	932	SECTION 53. Section 550.025(a), Transportation Code, is
933	933	amended to read as follows:
934	934	(a) The operator of a vehicle involved in a crash [an
935	935	accident] resulting only in damage to a structure adjacent to a
936	936	highway or a fixture or landscaping legally on or adjacent to a
937	937	highway shall:
938	938	(1) take reasonable steps to locate and notify the
939	939	owner or person in charge of the property of the crash [accident]
940	940	and of the operator's name and address and the registration number
941	941	of the vehicle the operator was driving; and
942	942	(2) if requested and available, show the operator's
943	943	driver's license to the owner or person in charge of the property.
944	944	SECTION 54. Section 550.026, Transportation Code, is
945	945	amended to read as follows:
946	946	Sec. 550.026. IMMEDIATE REPORT OF CRASH [ACCIDENT]. (a)
947	947	The operator of a vehicle involved in a crash [an accident]
948	948	resulting in injury to or death of a person or damage to a vehicle to
949	949	the extent that it cannot be normally and safely driven shall
950	950	immediately by the quickest means of communication give notice of
951	951	the crash [accident] to the:
952	952	(1) local police department if the crash [accident]
953	953	occurred in a municipality;
954	954	(2) local police department or the sheriff's office if
955	955	the crash [accident] occurred not more than 100 feet outside the
956	956	limits of a municipality; or
957	957	(3) sheriff's office or the nearest office of the
958	958	department if the crash [accident] is not required to be reported
959	959	under Subdivision (1) or (2).
960	960	(b) If a section of road is within 100 feet of the limits of
961	961	more than one municipality, the municipalities may agree regarding
962	962	the maintenance of reports made under Subsection (a)(2). A county
963	963	may agree with municipalities in the county regarding the
964	964	maintenance of reports made under Subsection (a)(2). An agreement
965	965	under this subsection does not affect the duty to report a crash [an
966	966	accident] under Subsection (a).
967	967	SECTION 55. The heading to Subchapter C, Chapter 550,
968	968	Transportation Code, is amended to read as follows:
969	969	SUBCHAPTER C. INVESTIGATION OF CRASH [ACCIDENT]
970	970	SECTION 56. Section 550.041(a), Transportation Code, is
971	971	amended to read as follows:
972	972	(a) A peace officer who is notified of a motor vehicle crash
973	973	[accident] resulting in injury to or death of a person or property
974	974	damage to an apparent extent of at least $1,000 may investigate the
975	975	crash [accident] and file justifiable charges relating to the crash
976	976	[accident] without regard to whether the crash [accident] occurred
977	977	on property to which this chapter applies.
978	978	SECTION 57. The heading to Subchapter D, Chapter 550,
979	979	Transportation Code, is amended to read as follows:
980	980	SUBCHAPTER D. WRITTEN CRASH [ACCIDENT] REPORT
981	981	SECTION 58. Section 550.062, Transportation Code, is
982	982	amended to read as follows:
983	983	Sec. 550.062. OFFICER'S CRASH [ACCIDENT] REPORT. (a) A law
984	984	enforcement officer who in the regular course of duty investigates
985	985	a motor vehicle crash [accident] shall make a written report of the
986	986	crash [accident] if the crash [accident] resulted in injury to or
987	987	the death of a person or damage to the property of any one person to
988	988	the apparent extent of $1,000 or more.
989	989	(b) The report required by Subsection (a) must be filed
990	990	electronically with the department not later than the 10th day
991	991	after the date of the crash [accident].
992	992	(b-1) If the motor vehicle crash [accident] involved a
993	993	combination of vehicles operating under a permit issued under
994	994	Section 623.402, the report required by Subsection (a) must include
995	995	the weight and the number of axles of the vehicle combination.
996	996	(c) This section applies without regard to whether the
997	997	officer investigates the crash [accident] at the location of the
998	998	crash [accident] and immediately after the crash [accident] or
999	999	afterwards by interviewing those involved in the crash [accident]
1000	1000	or witnesses to the crash [accident].
1001	1001	SECTION 59. Section 550.063, Transportation Code, is
1002	1002	amended to read as follows:
1003	1003	Sec. 550.063. REPORT ON APPROPRIATE FORM. The form of all
1004	1004	written crash [accident] reports must be approved by the department
1005	1005	and the Department of Public Safety. A person who is required to
1006	1006	file a written crash [accident] report shall report on the
1007	1007	appropriate form and shall disclose all information required by the
1008	1008	form unless the information is not available.
1009	1009	SECTION 60. Section 550.064, Transportation Code, is
1010	1010	amended to read as follows:
1011	1011	Sec. 550.064. CRASH [ACCIDENT] REPORT FORMS. (a) The
1012	1012	department shall prepare and when requested supply to police
1013	1013	departments, coroners, sheriffs, garages, and other suitable
1014	1014	agencies or individuals the crash [accident] report forms
1015	1015	appropriate for the persons required to make a report and
1016	1016	appropriate for the purposes to be served by those reports.
1017	1017	(b) A crash [An accident] report form prepared by the
1018	1018	department must:
1019	1019	(1) require sufficiently detailed information to
1020	1020	disclose the cause and conditions of and the persons and vehicles
1021	1021	involved in a crash [an accident] if the form is for the report to be
1022	1022	made by a person investigating the crash [accident];
1023	1023	(2) include a way to designate and identify a peace
1024	1024	officer, firefighter, or emergency medical services employee who is
1025	1025	involved in a crash [an accident] while driving a law enforcement
1026	1026	vehicle, fire department vehicle, or emergency medical services
1027	1027	vehicle while performing the person's duties;
1028	1028	(3) require a statement by a person described by
1029	1029	Subdivision (2) as to the nature of the crash [accident]; and
1030	1030	(4) include a way to designate whether an individual
1031	1031	involved in a crash [an accident] wants to be contacted by a person
1032	1032	seeking to obtain employment as a professional described by Section
1033	1033	38.01(12), Penal Code.
1034	1034	SECTION 61. Section 550.065, Transportation Code, is
1035	1035	amended to read as follows:
1036	1036	Sec. 550.065. RELEASE OF CERTAIN INFORMATION RELATING TO
1037	1037	CRASHES [ACCIDENTS]. (a) This section applies only to the
1038	1038	following information that is held by the department or another
1039	1039	governmental entity:
1040	1040	(1) a written report of a crash [an accident] required
1041	1041	under:
1042	1042	(A) Section 550.062; or
1043	1043	(B) former Section 550.061 or 601.004 before
1044	1044	September 1, 2017; or
1045	1045	(2) crash [accident] report information compiled
1046	1046	under Section 201.806.
1047	1047	(b) Except as provided by Subsection (c), (c-1), or (e), the
1048	1048	information is privileged and for the confidential use of:
1049	1049	(1) the department; and
1050	1050	(2) an agency of the United States, this state, or a
1051	1051	local government of this state that has use for the information for
1052	1052	crash [accident] prevention purposes.
1053	1053	(c) On written request and payment of any required fee, the
1054	1054	department or the governmental entity shall release the information
1055	1055	to:
1056	1056	(1) an entity described by Subsection (b);
1057	1057	(2) the law enforcement agency that employs the peace
1058	1058	officer who investigated the crash [accident] and sent the
1059	1059	information to the department, including an agent of the law
1060	1060	enforcement agency authorized by contract to obtain the
1061	1061	information;
1062	1062	(3) the court in which a case involving a person
1063	1063	involved in the crash [accident] is pending if the report is
1064	1064	subpoenaed; or
1065	1065	(4) any person directly concerned in the crash
1066	1066	[accident] or having a proper interest therein, including:
1067	1067	(A) any person involved in the crash [accident];
1068	1068	(B) the authorized representative of any person
1069	1069	involved in the crash [accident];
1070	1070	(C) a driver involved in the crash [accident];
1071	1071	(D) an employer, parent, or legal guardian of a
1072	1072	driver involved in the crash [accident];
1073	1073	(E) the owner of a vehicle or property damaged in
1074	1074	the crash [accident];
1075	1075	(F) a person who has established financial
1076	1076	responsibility for a vehicle involved in the crash [accident] in a
1077	1077	manner described by Section 601.051, including a policyholder of a
1078	1078	motor vehicle liability insurance policy covering the vehicle;
1079	1079	(G) an insurance company that issued an insurance
1080	1080	policy covering a vehicle involved in the crash [accident];
1081	1081	(H) an insurance company that issued a policy
1082	1082	covering any person involved in the crash [accident];
1083	1083	(I) a person under contract to provide claims or
1084	1084	underwriting information to a person described by Paragraph (F),
1085	1085	(G), or (H);
1086	1086	(J) a radio or television station that holds a
1087	1087	license issued by the Federal Communications Commission;
1088	1088	(K) a newspaper that is:
1089	1089	(i) a free newspaper of general circulation
1090	1090	or qualified under Section 2051.044, Government Code, to publish
1091	1091	legal notices;
1092	1092	(ii) published at least once a week; and
1093	1093	(iii) available and of interest to the
1094	1094	general public in connection with the dissemination of news; or
1095	1095	(L) any person who may sue because of death
1096	1096	resulting from the crash [accident].
1097	1097	(c-1) On receiving information to which this section
1098	1098	applies, the department or the governmental entity that receives
1099	1099	the information shall create a redacted crash [accident] report
1100	1100	that may be requested by any person. The redacted crash [accident]
1101	1101	report may not include the items of information described by
1102	1102	Subsection (f)(2). A report released under this subsection is not
1103	1103	considered personal information under Section 730.003.
1104	1104	(d) The fee for a copy of the crash [accident] report is
1105	1105	$6. The copy may be certified by the department or the
1106	1106	governmental entity for an additional fee of $2. The department or
1107	1107	the governmental entity may issue a certification that no report or
1108	1108	information is on file for a fee of $6.
1109	1109	(e) In addition to the information required to be released
1110	1110	under Subsection (c), the department may release:
1111	1111	(1) crash [accident] report information compiled
1112	1112	under Section 201.806; or
1113	1113	(2) a vehicle identification number and specific crash
1114	1114	[accident] information relating to that vehicle.
1115	1115	(f) The department when releasing information under
1116	1116	Subsection (c-1) or (e):
1117	1117	(1) may not release personal information, as defined
1118	1118	by Section 730.003; and
1119	1119	(2) shall withhold or redact the following items:
1120	1120	(A) the first, middle, and last name of any
1121	1121	person listed in a crash [an accident] report, including a vehicle
1122	1122	driver, occupant, owner, or lessee, a bicyclist, a pedestrian, or a
1123	1123	property owner;
1124	1124	(B) the number of any driver's license,
1125	1125	commercial driver's license, or personal identification
1126	1126	certificate issued to any person listed in a crash [an accident]
1127	1127	report;
1128	1128	(C) the date of birth, other than the year, of any
1129	1129	person listed in a crash [an accident] report;
1130	1130	(D) the address, other than zip code, and
1131	1131	telephone number of any person listed in a crash [an accident]
1132	1132	report;
1133	1133	(E) the license plate number of any vehicle
1134	1134	listed in a crash [an accident] report;
1135	1135	(F) the name of any insurance company listed as a
1136	1136	provider of financial responsibility for a vehicle listed in a
1137	1137	crash [an accident] report;
1138	1138	(G) the number of any insurance policy issued by
1139	1139	an insurance company listed as a provider of financial
1140	1140	responsibility;
1141	1141	(H) the date the peace officer who investigated
1142	1142	the crash [accident] was notified of the crash [accident];
1143	1143	(I) the date the investigating peace officer
1144	1144	arrived at the crash [accident] site;
1145	1145	(J) the badge number or identification number of
1146	1146	the investigating officer;
1147	1147	(K) the date on which any person who died as a
1148	1148	result of the crash [accident] died;
1149	1149	(L) the date of any commercial motor vehicle
1150	1150	report; and
1151	1151	(M) the place where any person injured or killed
1152	1152	in a crash [an accident] was taken and the person or entity that
1153	1153	provided the transportation.
1154	1154	(g) The amount that may be charged for information provided
1155	1155	under Subsection (e) shall be calculated in the manner specified by
1156	1156	Chapter 552, Government Code, for public information provided by a
1157	1157	governmental body under that chapter.
1158	1158	SECTION 62. Section 550.066, Transportation Code, is
1159	1159	amended to read as follows:
1160	1160	Sec. 550.066. ADMISSIBILITY OF CERTAIN CRASH [ACCIDENT]
1161	1161	REPORT INFORMATION. An individual's response to the information
1162	1162	requested on a crash [an accident] report form as provided by
1163	1163	Section 550.064(b)(4) is not admissible evidence in a civil trial.
1164	1164	SECTION 63. Section 550.067, Transportation Code, is
1165	1165	amended to read as follows:
1166	1166	Sec. 550.067. MUNICIPAL AUTHORITY TO REQUIRE CRASH
1167	1167	[ACCIDENT] REPORTS. (a) A municipality by ordinance may require
1168	1168	the operator of a vehicle involved in a crash [an accident] to file
1169	1169	with a designated municipal department:
1170	1170	(1) a report of the crash [accident], if the crash
1171	1171	[accident] results in injury to or the death of a person or the
1172	1172	apparent total property damage is $25 or more; or
1173	1173	(2) a copy of a report required by this chapter to be
1174	1174	filed with the department.
1175	1175	(b) A report filed under Subsection (a) is for the
1176	1176	confidential use of the municipal department and subject to the
1177	1177	provisions of Section 550.065.
1178	1178	(c) A municipality by ordinance may require the person in
1179	1179	charge of a garage or repair shop where a motor vehicle is brought
1180	1180	if the vehicle shows evidence of having been involved in a crash [an
1181	1181	accident] described by Section 550.062(a) or shows evidence of
1182	1182	having been struck by a bullet to report to a department of the
1183	1183	municipality within 24 hours after the garage or repair shop
1184	1184	receives the motor vehicle, giving the engine number, registration
1185	1185	number, and the name and address of the owner or operator of the
1186	1186	vehicle.
1187	1187	SECTION 64. Section 550.068, Transportation Code, is
1188	1188	amended to read as follows:
1189	1189	Sec. 550.068. CHANGING CRASH [ACCIDENT] REPORT.
1190	1190	(a) Except as provided by Subsection (b), a change in or a
1191	1191	modification of a written report of a motor vehicle crash
1192	1192	[accident] prepared by a peace officer that alters a material fact
1193	1193	in the report may be made only by the peace officer who prepared the
1194	1194	report.
1195	1195	(b) A change in or a modification of the written report of
1196	1196	the crash [accident] may be made by a person other than the peace
1197	1197	officer if:
1198	1198	(1) the change is made by a written supplement to the
1199	1199	report; and
1200	1200	(2) the written supplement clearly indicates the name
1201	1201	of the person who originated the change.
1202	1202	SECTION 65. Sections 550.081(b) and (c), Transportation
1203	1203	Code, are amended to read as follows:
1204	1204	(b) A medical examiner or justice of the peace acting as
1205	1205	coroner in a county that does not have a medical examiner's office
1206	1206	or that is not part of a medical examiner's district shall submit a
1207	1207	report in writing to the department of the death of a person that
1208	1208	was the result of a traffic crash [accident] or bridge collapse:
1209	1209	(1) to which this chapter applies; and
1210	1210	(2) that occurred within the jurisdiction of the
1211	1211	medical examiner or justice of the peace in the preceding calendar
1212	1212	quarter.
1213	1213	(c) The report must be submitted before the 11th day of each
1214	1214	calendar month and include:
1215	1215	(1) the name of the deceased and a statement as to
1216	1216	whether the deceased was:
1217	1217	(A) the operator of or a passenger in a vehicle
1218	1218	[involved in the accident]; or
1219	1219	(B) a pedestrian or other nonoccupant of a
1220	1220	vehicle;
1221	1221	(2) the date of the crash [accident] and the name of
1222	1222	the county in which the crash [accident] occurred, and, if a bridge
1223	1223	collapse, the location of the bridge in that county;
1224	1224	(3) the name of any laboratory, medical examiner's
1225	1225	office, or other facility that conducted toxicological testing
1226	1226	relative to the deceased; and
1227	1227	(4) the results of any toxicological testing that was
1228	1228	conducted.
1229	1229	SECTION 66. Section 601.002(3), Transportation Code, is
1230	1230	amended to read as follows:
1231	1231	(3) "Financial responsibility" means the ability to
1232	1232	respond in damages for liability for a crash [an accident] that:
1233	1233	(A) occurs after the effective date of the
1234	1234	document evidencing the establishment of the financial
1235	1235	responsibility; and
1236	1236	(B) arises out of the ownership, maintenance, or
1237	1237	use of a motor vehicle.
1238	1238	SECTION 67. Section 601.003(b), Transportation Code, is
1239	1239	amended to read as follows:
1240	1240	(b) For purposes of this chapter, a judgment is considered
1241	1241	to be satisfied as to the appropriate part of the judgment set out
1242	1242	by this subsection if:
1243	1243	(1) the total amount credited on one or more judgments
1244	1244	for bodily injury to or death of one person resulting from one crash
1245	1245	[accident] equals or exceeds the amount required under Section
1246	1246	601.072(a-1)[(a)](1) to establish financial responsibility;
1247	1247	(2) the total amount credited on one or more judgments
1248	1248	for bodily injury to or death of two or more persons resulting from
1249	1249	one crash [accident] equals or exceeds the amount required under
1250	1250	Section 601.072(a-1)[(a)](2) to establish financial
1251	1251	responsibility; or
1252	1252	(3) the total amount credited on one or more judgments
1253	1253	for damage to or destruction of property of another resulting from
1254	1254	one crash [accident] equals or exceeds the amount required under
1255	1255	Section 601.072(a-1)[(a)](3) to establish financial
1256	1256	responsibility.
1257	1257	SECTION 68. Section 601.006, Transportation Code, is
1258	1258	amended to read as follows:
1259	1259	Sec. 601.006. APPLICABILITY TO CERTAIN OWNERS AND
1260	1260	OPERATORS. If an owner or operator of a motor vehicle involved in a
1261	1261	crash [an accident] in this state does not have a driver's license
1262	1262	or vehicle registration or is a nonresident, the person may not be
1263	1263	issued a driver's license or registration until the person has
1264	1264	complied with this chapter to the same extent that would be
1265	1265	necessary if, at the time of the crash [accident], the person had a
1266	1266	driver's license or registration.
1267	1267	SECTION 69. Sections 601.009(b) and (c), Transportation
1268	1268	Code, are amended to read as follows:
1269	1269	(b) Except as provided by Subsection (c), the department
1270	1270	shall suspend the resident's driver's license and vehicle
1271	1271	registrations if the evidence shows that the resident's operating
1272	1272	privilege was suspended in the other state or the province for
1273	1273	violation of a financial responsibility law under circumstances
1274	1274	that would require the department to suspend a nonresident's
1275	1275	operating privilege had the crash [accident] occurred in this
1276	1276	state.
1277	1277	(c) The department may not suspend the resident's driver's
1278	1278	license and registration if the alleged failure to comply is based
1279	1279	on the failure of the resident's insurance company or surety
1280	1280	company to:
1281	1281	(1) obtain authorization to write motor vehicle
1282	1282	liability insurance in the other state or the province; or
1283	1283	(2) execute a power of attorney directing the
1284	1284	appropriate official in the other state or the province to accept on
1285	1285	the company's behalf service of notice or process in an action under
1286	1286	the policy arising out of a crash [an accident].
1287	1287	SECTION 70. Section 601.053(a), Transportation Code, is
1288	1288	amended to read as follows:
1289	1289	(a) As a condition of operating in this state a motor
1290	1290	vehicle to which Section 601.051 applies, the operator of the
1291	1291	vehicle on request shall provide to a peace officer, as defined by
1292	1292	Article 2.12, Code of Criminal Procedure, or a person involved in a
1293	1293	crash [an accident] with the operator evidence of financial
1294	1294	responsibility by exhibiting:
1295	1295	(1) a motor vehicle liability insurance policy
1296	1296	covering the vehicle that satisfies Subchapter D or a photocopy of
1297	1297	the policy;
1298	1298	(2) a standard proof of motor vehicle liability
1299	1299	insurance form prescribed by the Texas Department of Insurance
1300	1300	under Section 601.081 and issued by a liability insurer for the
1301	1301	motor vehicle;
1302	1302	(2-a) an image displayed on a wireless communication
1303	1303	device that includes the information required by Section 601.081 as
1304	1304	provided by a liability insurer;
1305	1305	(3) an insurance binder that confirms the operator is
1306	1306	in compliance with this chapter;
1307	1307	(4) a surety bond certificate issued under Section
1308	1308	601.121;
1309	1309	(5) a certificate of a deposit with the comptroller
1310	1310	covering the vehicle issued under Section 601.122;
1311	1311	(6) a copy of a certificate of a deposit with the
1312	1312	appropriate county judge covering the vehicle issued under Section
1313	1313	601.123; or
1314	1314	(7) a certificate of self-insurance covering the
1315	1315	vehicle issued under Section 601.124 or a photocopy of the
1316	1316	certificate.
1317	1317	SECTION 71. Section 601.056(e), Transportation Code, is
1318	1318	amended to read as follows:
1319	1319	(e) The department may not act under Subsection (a)(1) or
1320	1320	(2) if:
1321	1321	(1) an action for damages on a liability covered by the
1322	1322	evidence of financial responsibility is pending;
1323	1323	(2) a judgment for damages on a liability covered by
1324	1324	the evidence of financial responsibility is not satisfied; or
1325	1325	(3) the person for whom the bond has been filed or for
1326	1326	whom money or securities have been deposited has, within the two
1327	1327	years preceding the request for cancellation or return of the
1328	1328	evidence of financial responsibility, been involved as an operator
1329	1329	or owner in a motor vehicle crash [accident] resulting in bodily
1330	1330	injury to, or property damage to the property of, another person.
1331	1331	SECTION 72. Sections 601.072(a-1) and (b), Transportation
1332	1332	Code, are amended to read as follows:
1333	1333	(a-1) Effective January 1, 2011, the minimum amounts of
1334	1334	motor vehicle liability insurance coverage required to establish
1335	1335	financial responsibility under this chapter are:
1336	1336	(1) $30,000 for bodily injury to or death of one person
1337	1337	in one crash [accident];
1338	1338	(2) $60,000 for bodily injury to or death of two or
1339	1339	more persons in one crash [accident], subject to the amount
1340	1340	provided by Subdivision (1) for bodily injury to or death of one of
1341	1341	the persons; and
1342	1342	(3) $25,000 for damage to or destruction of property
1343	1343	of others in one crash [accident].
1344	1344	(b) The coverage required under this section may exclude,
1345	1345	with respect to one crash [accident]:
1346	1346	(1) the first $250 of liability for bodily injury to or
1347	1347	death of one person;
1348	1348	(2) the first $500 of liability for bodily injury to or
1349	1349	death of two or more persons, subject to the amount provided by
1350	1350	Subdivision (1) for bodily injury to or death of one of the persons;
1351	1351	and
1352	1352	(3) the first $250 of liability for property damage to
1353	1353	or destruction of property of others.
1354	1354	SECTION 73. Section 601.084(c), Transportation Code, is
1355	1355	amended to read as follows:
1356	1356	(c) The department shall accept the certificate of an
1357	1357	insurer not authorized to transact business in this state if the
1358	1358	certificate otherwise complies with this chapter and the insurance
1359	1359	company:
1360	1360	(1) executes a power of attorney authorizing the
1361	1361	department to accept on its behalf service of notice or process in
1362	1362	an action arising out of a motor vehicle crash [accident] in this
1363	1363	state; and
1364	1364	(2) agrees in writing that its policies will be
1365	1365	treated as conforming to the laws of this state relating to the
1366	1366	terms of a motor vehicle liability insurance policy.
1367	1367	SECTION 74. Section 601.086, Transportation Code, is
1368	1368	amended to read as follows:
1369	1369	Sec. 601.086. RESPONSE OF INSURANCE COMPANY IF POLICY NOT
1370	1370	IN EFFECT. An insurance company that is notified by the department
1371	1371	of a crash [an accident] in connection with which an owner or
1372	1372	operator has reported a motor vehicle liability insurance policy
1373	1373	with the company shall advise the department if a policy is not in
1374	1374	effect as reported.
1375	1375	SECTION 75. Section 601.124(c), Transportation Code, is
1376	1376	amended to read as follows:
1377	1377	(c) The self-insurer must supplement the certificate with
1378	1378	an agreement that, for crashes [accidents] occurring while the
1379	1379	certificate is in force, the self-insurer will pay the same
1380	1380	judgments in the same amounts as an insurer would be obligated to
1381	1381	pay under an owner's motor vehicle liability insurance policy
1382	1382	issued to the self-insurer if such policy were issued.
1383	1383	SECTION 76. The heading to Subchapter F, Chapter 601,
1384	1384	Transportation Code, is amended to read as follows:
1385	1385	SUBCHAPTER F. SECURITY FOLLOWING CRASH [ACCIDENT]
1386	1386	SECTION 77. Section 601.151, Transportation Code, is
1387	1387	amended to read as follows:
1388	1388	Sec. 601.151. APPLICABILITY OF SUBCHAPTER. (a) This
1389	1389	subchapter applies only to a motor vehicle crash [accident] in this
1390	1390	state that results in bodily injury or death or in damage to the
1391	1391	property of one person of at least $1,000.
1392	1392	(b) This subchapter does not apply to:
1393	1393	(1) an owner or operator who has in effect at the time
1394	1394	of the crash [accident] a motor vehicle liability insurance policy
1395	1395	that covers the motor vehicle involved in the crash [accident];
1396	1396	(2) an operator who is not the owner of the motor
1397	1397	vehicle, if a motor vehicle liability insurance policy or bond for
1398	1398	the operation of a motor vehicle the person does not own is in
1399	1399	effect at the time of the crash [accident];
1400	1400	(3) an owner or operator whose liability for damages
1401	1401	resulting from the crash [accident], in the judgment of the
1402	1402	department, is covered by another liability insurance policy or
1403	1403	bond;
1404	1404	(4) an owner or operator, if there was not bodily
1405	1405	injury to or damage of the property of a person other than the owner
1406	1406	or operator;
1407	1407	(5) the owner or operator of a motor vehicle that at
1408	1408	the time of the crash [accident] was legally parked or legally
1409	1409	stopped at a traffic signal;
1410	1410	(6) the owner of a motor vehicle that at the time of
1411	1411	the crash [accident] was being operated without the owner's express
1412	1412	or implied permission or was parked by a person who had been
1413	1413	operating the vehicle without that permission; or
1414	1414	(7) a person qualifying as a self-insurer under
1415	1415	Section 601.124 or a person operating a motor vehicle for a
1416	1416	self-insurer.
1417	1417	SECTION 78. Section 601.152(a), Transportation Code, is
1418	1418	amended to read as follows:
1419	1419	(a) Subject to Section 601.153, the department shall
1420	1420	suspend the driver's license and vehicle registrations of the owner
1421	1421	and operator of a motor vehicle if:
1422	1422	(1) the vehicle is involved in any manner in a crash
1423	1423	[an accident]; and
1424	1424	(2) the department finds that there is a reasonable
1425	1425	probability that a judgment will be rendered against the person as a
1426	1426	result of the crash [accident].
1427	1427	SECTION 79. Sections 601.154(a), (c), and (d),
1428	1428	Transportation Code, are amended to read as follows:
1429	1429	(a) Subject to Subsection (d), if the department finds that
1430	1430	there is a reasonable probability that a judgment will be rendered
1431	1431	against an owner or operator as a result of a crash [an accident],
1432	1432	the department shall determine the amount of security sufficient to
1433	1433	satisfy any judgment for damages resulting from the crash
1434	1434	[accident] that may be recovered from the owner or operator.
1435	1435	(c) In determining whether there is a reasonable
1436	1436	probability that a judgment will be rendered against the person as a
1437	1437	result of a crash [an accident] and the amount of security that is
1438	1438	sufficient under Subsection (a), the department may consider:
1439	1439	(1) a report of an investigating officer; and
1440	1440	(2) an affidavit of a person who has knowledge of the
1441	1441	facts.
1442	1442	(d) The department shall make the determination required by
1443	1443	Subsection (a) only if the department has not received, before the
1444	1444	21st day after the date the department receives a report of a motor
1445	1445	vehicle crash [accident], satisfactory evidence that the owner or
1446	1446	operator has:
1447	1447	(1) been released from liability;
1448	1448	(2) been finally adjudicated not to be liable; or
1449	1449	(3) executed an acknowledged written agreement
1450	1450	providing for the payment of an agreed amount in installments for
1451	1451	all claims for injuries or damages resulting from the crash
1452	1452	[accident].
1453	1453	SECTION 80. Section 601.155(b), Transportation Code, is
1454	1454	amended to read as follows:
1455	1455	(b) The notice must state that:
1456	1456	(1) the person's driver's license and vehicle
1457	1457	registration or the person's nonresident's operating privilege will
1458	1458	be suspended unless the person, not later than the 20th day after
1459	1459	the date the notice was personally served or sent, establishes
1460	1460	that:
1461	1461	(A) this subchapter does not apply to the person,
1462	1462	and the person has previously provided this information to the
1463	1463	department; or
1464	1464	(B) there is no reasonable probability that a
1465	1465	judgment will be rendered against the person as a result of the
1466	1466	crash [accident]; and
1467	1467	(2) the person is entitled to a hearing under this
1468	1468	subchapter if a written request for a hearing is delivered or mailed
1469	1469	to the department not later than the 20th day after the date the
1470	1470	notice was personally served or sent.
1471	1471	SECTION 81. Section 601.157(b), Transportation Code, is
1472	1472	amended to read as follows:
1473	1473	(b) The judge at the hearing shall determine:
1474	1474	(1) whether there is a reasonable probability that a
1475	1475	judgment will be rendered against the person requesting the hearing
1476	1476	as a result of the crash [accident]; and
1477	1477	(2) if there is a reasonable probability that a
1478	1478	judgment will be rendered, the amount of security sufficient to
1479	1479	satisfy any judgment for damages resulting from the crash
1480	1480	[accident].
1481	1481	SECTION 82. Section 601.158(a), Transportation Code, is
1482	1482	amended to read as follows:
1483	1483	(a) If, after a hearing under this subchapter, the judge
1484	1484	determines that there is a reasonable probability that a judgment
1485	1485	will be rendered against the person requesting the hearing as a
1486	1486	result of the crash [accident], the person may appeal the
1487	1487	determination.
1488	1488	SECTION 83. Section 601.162(a), Transportation Code, is
1489	1489	amended to read as follows:
1490	1490	(a) The suspension of a driver's license, vehicle
1491	1491	registration, or nonresident's operating privilege under this
1492	1492	subchapter remains in effect, the license, registration, or
1493	1493	privilege may not be renewed, and a license or vehicle registration
1494	1494	may not be issued to the holder of the suspended license,
1495	1495	registration, or privilege, until:
1496	1496	(1) the date the person, or a person acting on the
1497	1497	person's behalf, deposits security and files evidence of financial
1498	1498	responsibility under Section 601.153;
1499	1499	(2) the second anniversary of the date of the crash
1500	1500	[accident], if evidence satisfactory to the department is filed
1501	1501	with the department that, during the two-year period, an action for
1502	1502	damages arising out of the crash [accident] has not been
1503	1503	instituted; or
1504	1504	(3) the date evidence satisfactory to the department
1505	1505	is filed with the department of:
1506	1506	(A) a release from liability for claims arising
1507	1507	out of the crash [accident];
1508	1508	(B) a final adjudication that the person is not
1509	1509	liable for claims arising out of the crash [accident]; or
1510	1510	(C) an installment agreement described by
1511	1511	Section 601.154(d)(3).
1512	1512	SECTION 84. Section 601.163(b), Transportation Code, is
1513	1513	amended to read as follows:
1514	1514	(b) A person depositing security shall specify in writing
1515	1515	the person on whose behalf the deposit is made. A single deposit of
1516	1516	security is applicable only on behalf of persons required to
1517	1517	provide security because of the same crash [accident] and the same
1518	1518	motor vehicle.
1519	1519	SECTION 85. Section 601.164(a), Transportation Code, is
1520	1520	amended to read as follows:
1521	1521	(a) The department may reduce the amount of security ordered
1522	1522	in a case within six months after the date of the crash [accident]
1523	1523	if, in the department's judgment, the amount is excessive.
1524	1524	SECTION 86. Section 601.166, Transportation Code, is
1525	1525	amended to read as follows:
1526	1526	Sec. 601.166. PAYMENT OF CASH SECURITY. (a) Cash security
1527	1527	may be applied only to the payment of:
1528	1528	(1) a judgment rendered against the person on whose
1529	1529	behalf the deposit is made for damages arising out of the crash
1530	1530	[accident]; or
1531	1531	(2) a settlement, agreed to by the depositor, of a
1532	1532	claim arising out of the crash [accident].
1533	1533	(b) For payment under Subsection (a), the action under which
1534	1534	the judgment was rendered must have been instituted before the
1535	1535	second anniversary of the later of:
1536	1536	(1) the date of the crash [accident]; or
1537	1537	(2) the date of the deposit, in the case of a deposit
1538	1538	of security under Section 601.162(b).
1539	1539	SECTION 87. Section 601.167, Transportation Code, is
1540	1540	amended to read as follows:
1541	1541	Sec. 601.167. RETURN OF CASH SECURITY. Cash security or any
1542	1542	balance of the security shall be returned to the depositor or the
1543	1543	depositor's personal representative when:
1544	1544	(1) evidence satisfactory to the department is filed
1545	1545	with the department that there has been:
1546	1546	(A) a release of liability;
1547	1547	(B) a final adjudication that the person on whose
1548	1548	behalf the deposit is made is not liable; or
1549	1549	(C) an agreement as described by Section
1550	1550	601.154(d)(3);
1551	1551	(2) reasonable evidence is provided to the department
1552	1552	after the second anniversary of the date of the crash [accident]
1553	1553	that no action arising out of the crash [accident] is pending and no
1554	1554	judgment rendered in such an action is unpaid; or
1555	1555	(3) in the case of a deposit of security under Section
1556	1556	601.162(b), reasonable evidence is provided to the department after
1557	1557	the second anniversary of the date of the deposit that no action
1558	1558	arising out of the crash [accident] is pending and no unpaid
1559	1559	judgment rendered in such an action is unpaid.
1560	1560	SECTION 88. Section 601.168(b), Transportation Code, is
1561	1561	amended to read as follows:
1562	1562	(b) A bond or motor vehicle liability insurance policy
1563	1563	issued by a surety company or insurance company that is not
1564	1564	authorized to do business in this state is effective under this
1565	1565	subchapter only if:
1566	1566	(1) the bond or policy is issued for a motor vehicle
1567	1567	that:
1568	1568	(A) is not registered in this state; or
1569	1569	(B) was not registered in this state on the
1570	1570	effective date of the most recent renewal of the policy; and
1571	1571	(2) the surety company or insurance company executes a
1572	1572	power of attorney authorizing the department to accept on the
1573	1573	company's behalf service of notice or process in an action arising
1574	1574	out of the crash [accident] on the bond or policy.
1575	1575	SECTION 89. Section 601.169, Transportation Code, is
1576	1576	amended to read as follows:
1577	1577	Sec. 601.169. REASONABLE PROBABILITY NOT ADMISSIBLE IN
1578	1578	CIVIL SUIT. A determination under Section 601.154 or 601.157 that
1579	1579	there is a reasonable probability that a judgment will be rendered
1580	1580	against a person as a result of a crash [an accident] may not be
1581	1581	introduced in evidence in a suit for damages arising from that crash
1582	1582	[accident].
1583	1583	SECTION 90. Section 601.291, Transportation Code, is
1584	1584	amended to read as follows:
1585	1585	Sec. 601.291. APPLICABILITY OF SUBCHAPTER. This subchapter
1586	1586	applies only to the owner or operator of a motor vehicle that:
1587	1587	(1) is not registered in this state; and
1588	1588	(2) is involved in a motor vehicle crash [accident] in
1589	1589	this state that results in bodily injury, death, or damage to the
1590	1590	property of one person to an apparent extent of at least $500.
1591	1591	SECTION 91. Section 601.292, Transportation Code, is
1592	1592	amended to read as follows:
1593	1593	Sec. 601.292. DUTY TO PROVIDE EVIDENCE OF FINANCIAL
1594	1594	RESPONSIBILITY TO INVESTIGATING OFFICER. A person to whom this
1595	1595	subchapter applies shall provide evidence of financial
1596	1596	responsibility to a law enforcement officer of this state or a
1597	1597	political subdivision of this state who is conducting an
1598	1598	investigation of the crash [accident].
1599	1599	SECTION 92. Sections 601.293(b), (c), and (d),
1600	1600	Transportation Code, are amended to read as follows:
1601	1601	(b) The magistrate shall conduct an inquiry on the issues of
1602	1602	negligence and liability for bodily injury, death, or property
1603	1603	damage sustained in the crash [accident].
1604	1604	(c) If the magistrate determines that there is a reasonable
1605	1605	possibility that a judgment will be rendered against the person for
1606	1606	bodily injury, death, or property damage sustained in the crash
1607	1607	[accident], the magistrate shall order the person to provide:
1608	1608	(1) evidence of financial responsibility for the
1609	1609	bodily injury, death, or property damage; or
1610	1610	(2) evidence that the person is exempt from the
1611	1611	requirement of Section 601.051.
1612	1612	(d) A determination of negligence or liability under
1613	1613	Subsection (c) does not act as collateral estoppel on an issue in a
1614	1614	criminal or civil adjudication arising from the crash [accident].
1615	1615	SECTION 93. Section 601.294, Transportation Code, is
1616	1616	amended to read as follows:
1617	1617	Sec. 601.294. IMPOUNDMENT OF MOTOR VEHICLE. If a person to
1618	1618	whom this subchapter applies does not provide evidence required
1619	1619	under Section 601.293(c), the magistrate shall enter an order
1620	1620	directing the sheriff of the county or the chief of police of the
1621	1621	municipality to impound the motor vehicle owned or operated by the
1622	1622	person that was involved in the crash [accident].
1623	1623	SECTION 94. Section 601.296(a), Transportation Code, is
1624	1624	amended to read as follows:
1625	1625	(a) The department shall issue a certificate of release of
1626	1626	an impounded motor vehicle to the owner, operator, or person
1627	1627	authorized by the owner on submission to the department of:
1628	1628	(1) evidence of financial responsibility under
1629	1629	Section 601.053 that shows that at the time of the crash [accident]
1630	1630	the vehicle was in compliance with Section 601.051 or was exempt
1631	1631	from the requirement of Section 601.051;
1632	1632	(2) a release executed by each person damaged in the
1633	1633	crash [accident] other than the operator of the vehicle for which
1634	1634	the certificate of release is requested; or
1635	1635	(3) security in a form and amount determined by the
1636	1636	department to secure the payment of damages for which the operator
1637	1637	may be liable.
1638	1638	SECTION 95. Section 601.333, Transportation Code, is
1639	1639	amended to read as follows:
1640	1640	Sec. 601.333. RELIEF FROM SUSPENSION: MOTOR VEHICLE
1641	1641	LIABILITY INSURANCE. (a) A person whose driver's license, vehicle
1642	1642	registrations, or nonresident's operating privilege has been
1643	1643	suspended or is subject to suspension under Section 601.332 may
1644	1644	file with the department:
1645	1645	(1) evidence that there was a motor vehicle liability
1646	1646	insurance policy covering the motor vehicle involved in the crash
1647	1647	[accident] out of which the judgment arose in effect at the time of
1648	1648	the crash [accident];
1649	1649	(2) an affidavit stating that the person was insured
1650	1650	at the time of the crash [accident], that the insurance company is
1651	1651	liable to pay the judgment, and the reason, if known, that the
1652	1652	insurance company has not paid the judgment;
1653	1653	(3) the original policy of insurance or a certified
1654	1654	copy of the policy, if available; and
1655	1655	(4) any other documents required by the department to
1656	1656	show that the loss, injury, or damage for which the judgment was
1657	1657	rendered was covered by the insurance.
1658	1658	(b) The department may not suspend the driver's license,
1659	1659	vehicle registrations, or nonresident's operating privilege, and
1660	1660	shall reinstate a license, registration, or privilege that has been
1661	1661	suspended, if it is satisfied from the documents filed under
1662	1662	Subsection (a) that:
1663	1663	(1) there was a motor vehicle liability insurance
1664	1664	policy in effect for the vehicle at the time of the crash
1665	1665	[accident];
1666	1666	(2) the insurance company that issued the policy was
1667	1667	authorized to issue the policy in this state at the time the policy
1668	1668	was issued; and
1669	1669	(3) the insurance company is liable to pay the
1670	1670	judgment to the extent and for the amounts required by this chapter.
1671	1671	SECTION 96. Section 622.954(a), Transportation Code, is
1672	1672	amended to read as follows:
1673	1673	(a) A permit is not required to exceed the weight
1674	1674	limitations of Section 621.101 by a combination of a tow truck and
1675	1675	another vehicle or vehicle combination if:
1676	1676	(1) the nature of the service provided by the tow truck
1677	1677	is needed to remove disabled, abandoned, or crash-damaged
1678	1678	[accident-damaged] vehicles; and
1679	1679	(2) the tow truck is towing the other vehicle or
1680	1680	vehicle combination directly to the nearest authorized place of
1681	1681	repair, terminal, or vehicle storage facility.
1682	1682	SECTION 97. Section 623.0172(l), Transportation Code, is
1683	1683	amended to read as follows:
1684	1684	(l) Beginning in 2022, not later than September 1 of each
1685	1685	even-numbered year, the Texas Department of Transportation shall
1686	1686	conduct a study concerning vehicles operating under a permit issued
1687	1687	under this section and publish the results of the study. In
1688	1688	conducting the study, the Texas Department of Transportation shall
1689	1689	collect and examine the following information:
1690	1690	(1) the weight and configuration of vehicles operating
1691	1691	under a permit under this section that are involved in a motor
1692	1692	vehicle crash [accident];
1693	1693	(2) the types of vehicles operating under a permit
1694	1694	issued under this section;
1695	1695	(3) traffic volumes and variations of vehicles
1696	1696	operating under a permit issued under this section;
1697	1697	(4) weigh-in-motion data for highways located in and
1698	1698	around the area described by Subsection (c);
1699	1699	(5) impacts to state and local bridges, including
1700	1700	long-term bridge performance, for bridges located in and around the
1701	1701	area described by Subsection (c); and
1702	1702	(6) impacts to state and local roads, including
1703	1703	changes in pavement design standards, construction specification
1704	1704	details, maintenance frequency and types, and properties of
1705	1705	pavement and underlying soils resulting from or necessitated by
1706	1706	vehicles operating under a permit issued under this section.
1707	1707	SECTION 98. Section 623.410, Transportation Code, is
1708	1708	amended to read as follows:
1709	1709	Sec. 623.410. STUDY. Beginning in 2022, not later than
1710	1710	September 1 of each even-numbered year, the Texas Department of
1711	1711	Transportation shall conduct a study concerning vehicles operating
1712	1712	under a permit issued under this subchapter and publish the results
1713	1713	of the study. In conducting the study, the Texas Department of
1714	1714	Transportation shall collect and examine the following
1715	1715	information:
1716	1716	(1) the weight and configuration of vehicles operating
1717	1717	under a permit issued under this subchapter that are involved in a
1718	1718	motor vehicle crash [accident];
1719	1719	(2) the types of vehicles operating under a permit
1720	1720	issued under this subchapter;
1721	1721	(3) traffic volumes and variations of vehicles
1722	1722	operating under a permit issued under this subchapter;
1723	1723	(4) weigh-in-motion data for highways and roads
1724	1724	located in and around the area described by Section 623.405(b);
1725	1725	(5) impacts to state and local bridges, including
1726	1726	long-term bridge performance, for bridges located in and around the
1727	1727	area described by Section 623.405(b); and
1728	1728	(6) impacts to state and local roads, including
1729	1729	changes in pavement design standards, construction specification
1730	1730	details, maintenance frequency and types, and properties of
1731	1731	pavement and underlying soils resulting from or necessitated by
1732	1732	vehicles operating under a permit issued under this subchapter.
1733	1733	SECTION 99. Section 643.105, Transportation Code, is
1734	1734	amended to read as follows:
1735	1735	Sec. 643.105. INSOLVENCY OF INSURER. If an insurer for a
1736	1736	motor carrier becomes insolvent, is placed in receivership, or has
1737	1737	its certificate of authority suspended or revoked and if the
1738	1738	carrier no longer has insurance coverage as required by this
1739	1739	subchapter, the carrier shall file with the department, not later
1740	1740	than the 10th day after the date the coverage lapses:
1741	1741	(1) evidence of insurance as required by Section
1742	1742	643.103; and
1743	1743	(2) an affidavit that:
1744	1744	(A) indicates that a crash [an accident] from
1745	1745	which the carrier may incur liability did not occur while the
1746	1746	coverage was not in effect; or
1747	1747	(B) contains a plan acceptable to the department
1748	1748	indicating how the carrier will satisfy claims of liability against
1749	1749	the carrier for a crash [an accident] that occurred while the
1750	1750	coverage was not in effect.
1751	1751	SECTION 100. Section 644.151(b-1), Transportation Code, is
1752	1752	amended to read as follows:
1753	1753	(b-1) An offense under Subsection (a)(3) is a Class A
1754	1754	misdemeanor, except that the offense is:
1755	1755	(1) a state jail felony if it is shown on the trial of
1756	1756	the offense that at the time of the offense the commercial motor
1757	1757	vehicle was involved in a motor vehicle crash [accident] that
1758	1758	resulted in bodily injury; or
1759	1759	(2) a felony of the second degree if it is shown on the
1760	1760	trial of the offense that at the time of the offense the commercial
1761	1761	motor vehicle was involved in a motor vehicle crash [accident] that
1762	1762	resulted in the death of a person.
1763	1763	SECTION 101. Sections 661.003(c) and (i), Transportation
1764	1764	Code, are amended to read as follows:
1765	1765	(c) It is an exception to the application of Subsection (a)
1766	1766	or (b) that at the time the offense was committed, the person
1767	1767	required to wear protective headgear was at least 21 years old and
1768	1768	had successfully completed a motorcycle operator training and
1769	1769	safety course under Chapter 662 or was covered by a health insurance
1770	1770	plan providing the person with medical benefits for injuries
1771	1771	incurred as a result of a crash [an accident] while operating or
1772	1772	riding on a motorcycle. A peace officer may not arrest a person or
1773	1773	issue a citation to a person for a violation of Subsection (a) or
1774	1774	(b) if the person required to wear protective headgear is at least
1775	1775	21 years of age and presents evidence sufficient to show that the
1776	1776	person required to wear protective headgear has successfully
1777	1777	completed a motorcycle operator training and safety course or is
1778	1778	covered by a health insurance plan as described by this subsection.
1779	1779	(i) In this section, "health insurance plan" means an
1780	1780	individual, group, blanket, or franchise insurance policy,
1781	1781	insurance agreement, evidence of coverage, group hospital services
1782	1782	contract, health maintenance organization membership, or employee
1783	1783	benefit plan that provides benefits for health care services or for
1784	1784	medical or surgical expenses incurred as a result of a crash [an
1785	1785	accident].
1786	1786	SECTION 102. Section 686.001(1), Transportation Code, is
1787	1787	amended to read as follows:
1788	1788	(1) "Financial responsibility" means the ability to
1789	1789	respond in damages for liability for a crash [an accident] that:
1790	1790	(A) occurs after the effective date of the
1791	1791	document evidencing the establishment of the financial
1792	1792	responsibility; and
1793	1793	(B) arises out of the operation of a motor
1794	1794	vehicle by an employee of a valet parking service.
1795	1795	SECTION 103. Section 686.004(a), Transportation Code, is
1796	1796	amended to read as follows:
1797	1797	(a) The minimum amounts of motor vehicle liability
1798	1798	insurance coverage required to establish financial responsibility
1799	1799	under this chapter are:
1800	1800	(1) $100,000 for bodily injury to or death of one
1801	1801	person in one crash [accident];
1802	1802	(2) $300,000 for bodily injury to or death of two or
1803	1803	more persons in one crash [accident], subject to the amount
1804	1804	provided by Subdivision (1) for bodily injury to or death of one of
1805	1805	the persons; and
1806	1806	(3) $50,000 for damage to or destruction of property
1807	1807	of others in one crash [accident].
1808	1808	SECTION 104. Section 686.005, Transportation Code, is
1809	1809	amended to read as follows:
1810	1810	Sec. 686.005. COMMON LAW DEFENSES. In an action against an
1811	1811	owner or operator of a valet parking service that has not
1812	1812	established financial responsibility as required by this chapter to
1813	1813	recover damages for personal injuries, death, or property damage
1814	1814	sustained in a motor vehicle crash [accident] arising out of the
1815	1815	operation of a valet parking service, it is not a defense that the
1816	1816	party who brings the action:
1817	1817	(1) was guilty of contributory negligence; or
1818	1818	(2) assumed the risk of injury, death, or property
1819	1819	damage.
1820	1820	SECTION 105. Section 709.002(e), Transportation Code, is
1821	1821	amended to read as follows:
1822	1822	(e) Of the money received by the comptroller under this
1823	1823	section, the comptroller shall deposit:
1824	1824	(1) 80 percent to the credit of the undedicated
1825	1825	portion of the general revenue fund, to be used only for criminal
1826	1826	justice purposes; and
1827	1827	(2) 20 percent to the credit of the designated trauma
1828	1828	facility and emergency medical services account under Section
1829	1829	780.003, Health and Safety Code, to be used only for the criminal
1830	1830	justice purpose of funding designated trauma facilities, county and
1831	1831	regional emergency medical services, and trauma care systems that
1832	1832	provide trauma care and emergency medical services to victims of
1833	1833	crashes [accidents] resulting from traffic offenses.
1834	1834	SECTION 106. Section 723.011(a), Transportation Code, is
1835	1835	amended to read as follows:
1836	1836	(a) The governor shall:
1837	1837	(1) prepare and administer a statewide traffic safety
1838	1838	program designed to reduce traffic crashes [accidents] and the
1839	1839	death, injury, and property damage that result from traffic crashes
1840	1840	[accidents];
1841	1841	(2) adopt rules for the administration of this
1842	1842	chapter, including rules, procedures, and policy statements
1843	1843	governing grants-in-aid and contractual relations;
1844	1844	(3) receive on the state's behalf for the
1845	1845	implementation of this chapter money made available by the United
1846	1846	States under federal law; and
1847	1847	(4) allocate money appropriated by the legislature in
1848	1848	the General Appropriations Act to implement this chapter.
1849	1849	SECTION 107. Section 723.012, Transportation Code, is
1850	1850	amended to read as follows:
1851	1851	Sec. 723.012. TRAFFIC SAFETY PROGRAM. The statewide
1852	1852	traffic safety program must include:
1853	1853	(1) a driver education and training program
1854	1854	administered by the governor through appropriate agencies that
1855	1855	complies with Section 723.013;
1856	1856	(2) plans for improving:
1857	1857	(A) driver licensing;
1858	1858	(B) crash [accident] records;
1859	1859	(C) vehicle inspection, registration, and
1860	1860	titling;
1861	1861	(D) traffic engineering;
1862	1862	(E) personnel;
1863	1863	(F) police traffic supervision;
1864	1864	(G) traffic courts;
1865	1865	(H) highway design; and
1866	1866	(I) uniform traffic laws; and
1867	1867	(3) plans for local traffic safety programs by legal
1868	1868	and political subdivisions of this state that may be implemented if
1869	1869	the programs:
1870	1870	(A) are approved by the governor; and
1871	1871	(B) conform with uniform standards adopted under
1872	1872	the Highway Safety Act of 1966 (23 U.S.C. Sec. 401 et seq.).
1873	1873	SECTION 108. Section 723.013(a), Transportation Code, is
1874	1874	amended to read as follows:
1875	1875	(a) The statewide driver education and training program
1876	1876	required by Section 723.012 shall provide for:
1877	1877	(1) rules that permit controlled innovation and
1878	1878	experimentation and that set minimum standards for:
1879	1879	(A) classroom instruction;
1880	1880	(B) driving skills training;
1881	1881	(C) instructor qualifications;
1882	1882	(D) program content; and
1883	1883	(E) supplementary materials and equipment;
1884	1884	(2) a method for continuing evaluation of approved
1885	1885	driver education and training programs to identify the practices
1886	1886	most effective in preventing traffic crashes [accidents]; and
1887	1887	(3) contracts between the governing bodies of
1888	1888	centrally located independent school districts or other
1889	1889	appropriate public or private agencies and the state to provide
1890	1890	approved driver education and training programs.
1891	1891	SECTION 109. Section 724.012(b), Transportation Code, is
1892	1892	amended to read as follows:
1893	1893	(b) A peace officer shall require the taking of a specimen
1894	1894	of the person's breath or blood under any of the following
1895	1895	circumstances if the officer arrests the person for an offense
1896	1896	under Chapter 49, Penal Code, involving the operation of a motor
1897	1897	vehicle or a watercraft and the person refuses the officer's
1898	1898	request to submit to the taking of a specimen voluntarily:
1899	1899	(1) the person was the operator of a motor vehicle or a
1900	1900	watercraft involved in a crash [an accident] that the officer
1901	1901	reasonably believes occurred as a result of the offense and, at the
1902	1902	time of the arrest, the officer reasonably believes that as a direct
1903	1903	result of the crash [accident]:
1904	1904	(A) any individual has died or will die;
1905	1905	(B) an individual other than the person has
1906	1906	suffered serious bodily injury; or
1907	1907	(C) an individual other than the person has
1908	1908	suffered bodily injury and been transported to a hospital or other
1909	1909	medical facility for medical treatment;
1910	1910	(2) the offense for which the officer arrests the
1911	1911	person is an offense under Section 49.045, Penal Code; or
1912	1912	(3) at the time of the arrest, the officer possesses or
1913	1913	receives reliable information from a credible source that the
1914	1914	person:
1915	1915	(A) has been previously convicted of or placed on
1916	1916	community supervision for an offense under Section 49.045, 49.07,
1917	1917	or 49.08, Penal Code, or an offense under the laws of another state
1918	1918	containing elements substantially similar to the elements of an
1919	1919	offense under those sections; or
1920	1920	(B) on two or more occasions, has been previously
1921	1921	convicted of or placed on community supervision for an offense
1922	1922	under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an
1923	1923	offense under the laws of another state containing elements
1924	1924	substantially similar to the elements of an offense under those
1925	1925	sections.
1926	1926	SECTION 110. Section 726.002, Transportation Code, is
1927	1927	amended to read as follows:
1928	1928	Sec. 726.002. TESTING AND INSPECTION OF MOTOR VEHICLES. A
1929	1929	municipality may adopt an ordinance:
1930	1930	(1) requiring each resident of the municipality,
1931	1931	including a corporation having its principal office or place of
1932	1932	business in the municipality, who owns a motor vehicle used for the
1933	1933	transportation of persons or property and each person operating a
1934	1934	motor vehicle on the public thoroughfares of the municipality to
1935	1935	have each motor vehicle owned or operated, as appropriate, tested
1936	1936	and inspected not more than four times in each calendar year;
1937	1937	(2) requiring each motor vehicle involved in a crash
1938	1938	[an accident] to be tested and inspected before it may be operated
1939	1939	on the public thoroughfares of the municipality; or
1940	1940	(3) requiring that a motor vehicle operated on the
1941	1941	public thoroughfares of the municipality be tested, inspected, and
1942	1942	approved by the testing and inspecting authority.
1943	1943	SECTION 111. Sections 730.003(4) and (6), Transportation
1944	1944	Code, are amended to read as follows:
1945	1945	(4) "Motor vehicle record" means a record that
1946	1946	pertains to a motor vehicle operator's or driver's license or
1947	1947	permit, motor vehicle registration, motor vehicle title, or
1948	1948	identification document issued by an agency of this state or a local
1949	1949	agency authorized to issue an identification document. The term
1950	1950	does not include:
1951	1951	(A) a record that pertains to a motor carrier; or
1952	1952	(B) a crash [an accident] report prepared under:
1953	1953	(i) Chapter 550; or
1954	1954	(ii) former Section 601.004 before
1955	1955	September 1, 2017.
1956	1956	(6) "Personal information" means information that
1957	1957	identifies a person, including an individual's photograph or
1958	1958	computerized image, social security number, driver identification
1959	1959	number, name, address, but not the zip code, telephone number, and
1960	1960	medical or disability information. The term does not include:
1961	1961	(A) information on vehicle crashes [accidents],
1962	1962	driving or equipment-related violations, or driver's license or
1963	1963	registration status; or
1964	1964	(B) information contained in a crash [an
1965	1965	accident] report prepared under:
1966	1966	(i) Chapter 550; or
1967	1967	(ii) former Section 601.004 before
1968	1968	September 1, 2017.
1969	1969	SECTION 112. Section 1006.153(e), Transportation Code, is
1970	1970	amended to read as follows:
1971	1971	(e) Out of each fee collected under Subsection (b):
1972	1972	(1) 20 percent shall be appropriated to the authority
1973	1973	for the purposes of this chapter;
1974	1974	(2) 20 percent shall be deposited to the credit of the
1975	1975	general revenue fund, to be used only for criminal justice
1976	1976	purposes; and
1977	1977	(3) 60 percent shall be deposited to the credit of the
1978	1978	designated trauma facility and emergency medical services account
1979	1979	under Section 780.003, Health and Safety Code, to be used only for
1980	1980	the criminal justice purpose of funding designated trauma
1981	1981	facilities, county and regional emergency medical services, and
1982	1982	trauma care systems that provide trauma care and emergency medical
1983	1983	services to victims of crashes [accidents] resulting from traffic
1984	1984	offenses.
1985	1985	SECTION 113. The heading to Chapter 504, Business &
1986	1986	Commerce Code, is amended to read as follows:
1987	1987	CHAPTER 504. PROHIBITED USE OF CRIME VICTIM OR MOTOR VEHICLE CRASH
1988	1988	[ACCIDENT] INFORMATION
1989	1989	SECTION 114. Section 504.001(2), Business & Commerce Code,
1990	1990	is amended to read as follows:
1991	1991	(2) "Motor vehicle crash [accident] information"
1992	1992	means information that:
1993	1993	(A) is collected or prepared by a law enforcement
1994	1994	agency; and
1995	1995	(B) identifies or serves to identify a person
1996	1996	who, according to a record of the agency, may have been involved in
1997	1997	a motor vehicle crash [accident].
1998	1998	SECTION 115. Section 504.002(a), Business & Commerce Code,
1999	1999	is amended to read as follows:
2000	2000	(a) A person who possesses crime victim or motor vehicle
2001	2001	crash [accident] information that the person obtained or knows was
2002	2002	obtained from a law enforcement agency may not:
2003	2003	(1) use the information to contact directly any of the
2004	2004	following persons for the purpose of soliciting business from the
2005	2005	person:
2006	2006	(A) a crime victim;
2007	2007	(B) a person who was involved in a motor vehicle
2008	2008	crash [accident]; or
2009	2009	(C) a member of the family of a person described
2010	2010	by Paragraph (A) or (B); or
2011	2011	(2) sell the information to another person for
2012	2012	financial gain.
2013	2013	SECTION 116. Section 30.006(e), Civil Practice and Remedies
2014	2014	Code, is amended to read as follows:
2015	2015	(e) This section does not apply to:
2016	2016	(1) a report of a crash [an accident] under Chapter
2017	2017	550, Transportation Code; and
2018	2018	(2) photographs, field measurements, scene drawings,
2019	2019	and crash [accident] reconstruction done in conjunction with the
2020	2020	investigation of the underlying crash [accident].
2021	2021	SECTION 117. Article 12.01, Code of Criminal Procedure, is
2022	2022	amended to read as follows:
2023	2023	Art. 12.01. FELONIES. Except as provided in Article 12.03,
2024	2024	felony indictments may be presented within these limits, and not
2025	2025	afterward:
2026	2026	(1) no limitation:
2027	2027	(A) murder and manslaughter;
2028	2028	(B) sexual assault under Section 22.011(a)(2),
2029	2029	Penal Code, or aggravated sexual assault under Section
2030	2030	22.021(a)(1)(B), Penal Code;
2031	2031	(C) sexual assault, if:
2032	2032	(i) during the investigation of the offense
2033	2033	biological matter is collected and the matter:
2034	2034	(a) has not yet been subjected to
2035	2035	forensic DNA testing; or
2036	2036	(b) has been subjected to forensic DNA
2037	2037	testing and the testing results show that the matter does not match
2038	2038	the victim or any other person whose identity is readily
2039	2039	ascertained; or
2040	2040	(ii) probable cause exists to believe that
2041	2041	the defendant has committed the same or a similar sex offense
2042	2042	against five or more victims;
2043	2043	(D) continuous sexual abuse of young child or
2044	2044	children under Section 21.02, Penal Code;
2045	2045	(E) indecency with a child under Section 21.11,
2046	2046	Penal Code;
2047	2047	(F) an offense involving leaving the scene of a
2048	2048	crash [an accident] under Section 550.021, Transportation Code, if
2049	2049	the crash [accident] resulted in the death of a person;
2050	2050	(G) trafficking of persons under Section
2051	2051	20A.02(a)(7) or (8), Penal Code;
2052	2052	(H) continuous trafficking of persons under
2053	2053	Section 20A.03, Penal Code; or
2054	2054	(I) compelling prostitution under Section
2055	2055	43.05(a)(2), Penal Code;
2056	2056	(2) ten years from the date of the commission of the
2057	2057	offense:
2058	2058	(A) theft of any estate, real, personal or mixed,
2059	2059	by an executor, administrator, guardian or trustee, with intent to
2060	2060	defraud any creditor, heir, legatee, ward, distributee,
2061	2061	beneficiary or settlor of a trust interested in such estate;
2062	2062	(B) theft by a public servant of government
2063	2063	property over which the public servant exercises control in the
2064	2064	public servant's official capacity;
2065	2065	(C) forgery or the uttering, using or passing of
2066	2066	forged instruments;
2067	2067	(D) injury to an elderly or disabled individual
2068	2068	punishable as a felony of the first degree under Section 22.04,
2069	2069	Penal Code;
2070	2070	(E) sexual assault, except as provided by
2071	2071	Subdivision (1) or (7);
2072	2072	(F) arson;
2073	2073	(G) trafficking of persons under Section
2074	2074	20A.02(a)(1), (2), (3), or (4), Penal Code; or
2075	2075	(H) compelling prostitution under Section
2076	2076	43.05(a)(1), Penal Code;
2077	2077	(3) seven years from the date of the commission of the
2078	2078	offense:
2079	2079	(A) misapplication of fiduciary property or
2080	2080	property of a financial institution;
2081	2081	(B) securing execution of document by deception;
2082	2082	(C) a felony violation under Chapter 162, Tax
2083	2083	Code;
2084	2084	(D) false statement to obtain property or credit
2085	2085	under Section 32.32, Penal Code;
2086	2086	(E) money laundering;
2087	2087	(F) credit card or debit card abuse under Section
2088	2088	32.31, Penal Code;
2089	2089	(G) fraudulent use or possession of identifying
2090	2090	information under Section 32.51, Penal Code;
2091	2091	(H) exploitation of a child, elderly individual,
2092	2092	or disabled individual under Section 32.53, Penal Code;
2093	2093	(I) health care fraud under Section 35A.02, Penal
2094	2094	Code; or
2095	2095	(J) bigamy under Section 25.01, Penal Code,
2096	2096	except as provided by Subdivision (6);
2097	2097	(4) five years from the date of the commission of the
2098	2098	offense:
2099	2099	(A) theft or robbery;
2100	2100	(B) except as provided by Subdivision (5),
2101	2101	kidnapping or burglary;
2102	2102	(C) injury to an elderly or disabled individual
2103	2103	that is not punishable as a felony of the first degree under Section
2104	2104	22.04, Penal Code;
2105	2105	(D) abandoning or endangering a child; or
2106	2106	(E) insurance fraud;
2107	2107	(5) if the investigation of the offense shows that the
2108	2108	victim is younger than 17 years of age at the time the offense is
2109	2109	committed, 20 years from the 18th birthday of the victim of one of
2110	2110	the following offenses:
2111	2111	(A) sexual performance by a child under Section
2112	2112	43.25, Penal Code;
2113	2113	(B) aggravated kidnapping under Section
2114	2114	20.04(a)(4), Penal Code, if the defendant committed the offense
2115	2115	with the intent to violate or abuse the victim sexually; or
2116	2116	(C) burglary under Section 30.02, Penal Code, if
2117	2117	the offense is punishable under Subsection (d) of that section and
2118	2118	the defendant committed the offense with the intent to commit an
2119	2119	offense described by Subdivision (1)(B) or (D) of this article or
2120	2120	Paragraph (B) of this subdivision;
2121	2121	(6) ten years from the 18th birthday of the victim of
2122	2122	the offense:
2123	2123	(A) trafficking of persons under Section
2124	2124	20A.02(a)(5) or (6), Penal Code;
2125	2125	(B) injury to a child under Section 22.04, Penal
2126	2126	Code; or
2127	2127	(C) bigamy under Section 25.01, Penal Code, if
2128	2128	the investigation of the offense shows that the person, other than
2129	2129	the legal spouse of the defendant, whom the defendant marries or
2130	2130	purports to marry or with whom the defendant lives under the
2131	2131	appearance of being married is younger than 18 years of age at the
2132	2132	time the offense is committed;
2133	2133	(7) two years from the date the offense was
2134	2134	discovered: sexual assault punishable as a state jail felony under
2135	2135	Section 22.011(f)(2), Penal Code, as amended by Chapter 436 (S.B.
2136	2136	1259), Acts of the 86th Legislature, Regular Session, 2019; or
2137	2137	(8) three years from the date of the commission of the
2138	2138	offense: all other felonies.
2139	2139	SECTION 118. Article 42A.515, Code of Criminal Procedure,
2140	2140	as added by Chapter 290 (H.B. 2502), Acts of the 86th Legislature,
2141	2141	Regular Session, 2019, is redesignated as Section 42A.516, Code of
2142	2142	Criminal Procedure, and amended to read as follows:
2143	2143	Art. 42A.516 [42A.515]. COMMUNITY SUPERVISION FOR LEAVING
2144	2144	SCENE OF MOTOR VEHICLE CRASH [ACCIDENT] RESULTING IN DEATH OF
2145	2145	PERSON. (a) A judge granting community supervision to a defendant
2146	2146	convicted of an offense punishable under Section 550.021(c)(1)(A),
2147	2147	Transportation Code, shall require as a condition of community
2148	2148	supervision that the defendant submit to a term of confinement of
2149	2149	not less than 120 days.
2150	2150	(b) If a sentence of confinement is imposed on the
2151	2151	revocation of community supervision, the term of confinement served
2152	2152	under Subsection (a) may not be credited toward completion of the
2153	2153	sentence imposed.
2154	2154	SECTION 119. Article 49.10(j), Code of Criminal Procedure,
2155	2155	is amended to read as follows:
2156	2156	(j) A justice of the peace may order a physician, qualified
2157	2157	technician, paramedic, chemist, registered professional nurse, or
2158	2158	licensed vocational nurse to take a specimen of blood from the body
2159	2159	of a person who died as the result of a motor vehicle crash
2160	2160	[accident] if the justice determines that circumstances indicate
2161	2161	that the person may have been driving while intoxicated.
2162	2162	SECTION 120. Article 59.01(3), Code of Criminal Procedure,
2163	2163	is amended to read as follows:
2164	2164	(3) "Crime of violence" means:
2165	2165	(A) any criminal offense defined in the Penal
2166	2166	Code or in a federal criminal law that results in a personal injury
2167	2167	to a victim; or
2168	2168	(B) an act that is not an offense under the Penal
2169	2169	Code involving the operation of a motor vehicle, aircraft, or water
2170	2170	vehicle that results in injury or death sustained in a crash [an
2171	2171	accident] caused by a driver in violation of Section 550.021,
2172	2172	Transportation Code.
2173	2173	SECTION 121. Section 1001.112(a-2), Education Code, is
2174	2174	amended to read as follows:
2175	2175	(a-2) The rules must provide that the person conducting the
2176	2176	course:
2177	2177	(1) possess a valid license for the preceding three
2178	2178	years that has not been suspended, revoked, or forfeited in the past
2179	2179	three years for an offense that involves the operation of a motor
2180	2180	vehicle;
2181	2181	(2) has not been convicted of:
2182	2182	(A) criminally negligent homicide; or
2183	2183	(B) driving while intoxicated in the past seven
2184	2184	years; and
2185	2185	(3) has not been convicted during the preceding three
2186	2186	years of:
2187	2187	(A) three or more moving violations described by
2188	2188	Section 542.304, Transportation Code, including violations that
2189	2189	resulted in a crash [an accident]; or
2190	2190	(B) two or more moving violations described by
2191	2191	Section 542.304, Transportation Code, that resulted in a crash [an
2192	2192	accident].
2193	2193	SECTION 122. Section 264.513(c), Family Code, is amended to
2194	2194	read as follows:
2195	2195	(c) A person is not required to report a death under this
2196	2196	section that is the result of a motor vehicle crash [accident].
2197	2197	This subsection does not affect a duty imposed by another law to
2198	2198	report a death that is the result of a motor vehicle crash
2199	2199	[accident].
2200	2200	SECTION 123. Section 411.0726(e), Government Code, is
2201	2201	amended to read as follows:
2202	2202	(e) A court may not issue an order of nondisclosure of
2203	2203	criminal history record information under this section if the
2204	2204	attorney representing the state presents evidence sufficient to the
2205	2205	court demonstrating that the commission of the offense for which
2206	2206	the order is sought resulted in a motor vehicle crash [accident]
2207	2207	involving another person, including a passenger in a motor vehicle
2208	2208	operated by the person seeking the order of nondisclosure.
2209	2209	SECTION 124. Section 411.0731(e), Government Code, is
2210	2210	amended to read as follows:
2211	2211	(e) A court may not issue an order of nondisclosure of
2212	2212	criminal history record information under this section if the
2213	2213	attorney representing the state presents evidence sufficient to the
2214	2214	court demonstrating that the commission of the offense for which
2215	2215	the order is sought resulted in a motor vehicle crash [accident]
2216	2216	involving another person, including a passenger in a motor vehicle
2217	2217	operated by the person seeking the order of nondisclosure.
2218	2218	SECTION 125. Section 411.0736(e), Government Code, is
2219	2219	amended to read as follows:
2220	2220	(e) A court may not issue an order of nondisclosure of
2221	2221	criminal history record information under this section if the
2222	2222	attorney representing the state presents evidence sufficient to the
2223	2223	court demonstrating that the commission of the offense for which
2224	2224	the order is sought resulted in a motor vehicle crash [accident]
2225	2225	involving another person, including a passenger in a motor vehicle
2226	2226	operated by the person seeking the order of nondisclosure.
2227	2227	SECTION 126. Section 423.002(a), Government Code, is
2228	2228	amended to read as follows:
2229	2229	(a) It is lawful to capture an image using an unmanned
2230	2230	aircraft in this state:
2231	2231	(1) for the purpose of professional or scholarly
2232	2232	research and development or for another academic purpose by a
2233	2233	person acting on behalf of an institution of higher education or a
2234	2234	private or independent institution of higher education, as those
2235	2235	terms are defined by Section 61.003, Education Code, including a
2236	2236	person who:
2237	2237	(A) is a professor, employee, or student of the
2238	2238	institution; or
2239	2239	(B) is under contract with or otherwise acting
2240	2240	under the direction or on behalf of the institution;
2241	2241	(2) in airspace designated as a test site or range
2242	2242	authorized by the Federal Aviation Administration for the purpose
2243	2243	of integrating unmanned aircraft systems into the national
2244	2244	airspace;
2245	2245	(3) as part of an operation, exercise, or mission of
2246	2246	any branch of the United States military;
2247	2247	(4) if the image is captured by a satellite for the
2248	2248	purposes of mapping;
2249	2249	(5) if the image is captured by or for an electric or
2250	2250	natural gas utility or a telecommunications provider:
2251	2251	(A) for operations and maintenance of utility or
2252	2252	telecommunications facilities for the purpose of maintaining
2253	2253	utility or telecommunications system reliability and integrity;
2254	2254	(B) for inspecting utility or telecommunications
2255	2255	facilities to determine repair, maintenance, or replacement needs
2256	2256	during and after construction of such facilities;
2257	2257	(C) for assessing vegetation growth for the
2258	2258	purpose of maintaining clearances on utility or telecommunications
2259	2259	easements; and
2260	2260	(D) for utility or telecommunications facility
2261	2261	routing and siting for the purpose of providing utility or
2262	2262	telecommunications service;
2263	2263	(6) with the consent of the individual who owns or
2264	2264	lawfully occupies the real property captured in the image;
2265	2265	(7) pursuant to a valid search or arrest warrant;
2266	2266	(8) if the image is captured by a law enforcement
2267	2267	authority or a person who is under contract with or otherwise acting
2268	2268	under the direction or on behalf of a law enforcement authority:
2269	2269	(A) in immediate pursuit of a person law
2270	2270	enforcement officers have reasonable suspicion or probable cause to
2271	2271	suspect has committed an offense, not including misdemeanors or
2272	2272	offenses punishable by a fine only;
2273	2273	(B) for the purpose of documenting a crime scene
2274	2274	where an offense, not including misdemeanors or offenses punishable
2275	2275	by a fine only, has been committed;
2276	2276	(C) for the purpose of investigating the scene
2277	2277	of:
2278	2278	(i) a human fatality;
2279	2279	(ii) a motor vehicle crash [accident]
2280	2280	causing death or serious bodily injury to a person; or
2281	2281	(iii) any motor vehicle crash [accident] on
2282	2282	a state highway or federal interstate or highway;
2283	2283	(D) in connection with the search for a missing
2284	2284	person;
2285	2285	(E) for the purpose of conducting a high-risk
2286	2286	tactical operation that poses a threat to human life;
2287	2287	(F) of private property that is generally open to
2288	2288	the public where the property owner consents to law enforcement
2289	2289	public safety responsibilities; or
2290	2290	(G) of real property or a person on real property
2291	2291	that is within 25 miles of the United States border for the sole
2292	2292	purpose of ensuring border security;
2293	2293	(9) if the image is captured by state or local law
2294	2294	enforcement authorities, or a person who is under contract with or
2295	2295	otherwise acting under the direction or on behalf of state
2296	2296	authorities, for the purpose of:
2297	2297	(A) surveying the scene of a catastrophe or other
2298	2298	damage to determine whether a state of emergency should be
2299	2299	declared;
2300	2300	(B) preserving public safety, protecting
2301	2301	property, or surveying damage or contamination during a lawfully
2302	2302	declared state of emergency; or
2303	2303	(C) conducting routine air quality sampling and
2304	2304	monitoring, as provided by state or local law;
2305	2305	(10) at the scene of a spill, or a suspected spill, of
2306	2306	hazardous materials;
2307	2307	(11) for the purpose of fire suppression;
2308	2308	(12) for the purpose of rescuing a person whose life or
2309	2309	well-being is in imminent danger;
2310	2310	(13) if the image is captured by a Texas licensed real
2311	2311	estate broker in connection with the marketing, sale, or financing
2312	2312	of real property, provided that no individual is identifiable in
2313	2313	the image;
2314	2314	(14) from a height no more than eight feet above ground
2315	2315	level in a public place, if the image was captured without using any
2316	2316	electronic, mechanical, or other means to amplify the image beyond
2317	2317	normal human perception;
2318	2318	(15) of public real property or a person on that
2319	2319	property;
2320	2320	(16) if the image is captured by the owner or operator
2321	2321	of an oil, gas, water, or other pipeline for the purpose of
2322	2322	inspecting, maintaining, or repairing pipelines or other related
2323	2323	facilities, and is captured without the intent to conduct
2324	2324	surveillance on an individual or real property located in this
2325	2325	state;
2326	2326	(17) in connection with oil pipeline safety and rig
2327	2327	protection;
2328	2328	(18) in connection with port authority surveillance
2329	2329	and security;
2330	2330	(19) if the image is captured by a registered
2331	2331	professional land surveyor in connection with the practice of
2332	2332	professional surveying, as those terms are defined by Section
2333	2333	1071.002, Occupations Code, provided that no individual is
2334	2334	identifiable in the image;
2335	2335	(20) if the image is captured by a professional
2336	2336	engineer licensed under Subchapter G, Chapter 1001, Occupations
2337	2337	Code, in connection with the practice of engineering, as defined by
2338	2338	Section 1001.003, Occupations Code, provided that no individual is
2339	2339	identifiable in the image; or
2340	2340	(21) if:
2341	2341	(A) the image is captured by an employee of an
2342	2342	insurance company or of an affiliate of the company in connection
2343	2343	with the underwriting of an insurance policy, or the rating or
2344	2344	adjusting of an insurance claim, regarding real property or a
2345	2345	structure on real property; and
2346	2346	(B) the operator of the unmanned aircraft is
2347	2347	authorized by the Federal Aviation Administration to conduct
2348	2348	operations within the airspace from which the image is captured.
2349	2349	SECTION 127. Section 1952.155, Insurance Code, is amended
2350	2350	to read as follows:
2351	2351	Sec. 1952.155. BENEFITS PAYABLE WITHOUT REGARD TO FAULT OR
2352	2352	COLLATERAL SOURCE; EFFECT ON SUBROGATION. (a) The benefits under
2353	2353	coverage required by this subchapter are payable without regard to:
2354	2354	(1) the fault or nonfault of the named insured or
2355	2355	recipient in causing or contributing to the crash [accident]; and
2356	2356	(2) any collateral source of medical, hospital, or
2357	2357	wage continuation benefits.
2358	2358	(b) Except as provided by Subsection (c), an insurer paying
2359	2359	benefits under coverage required by this subchapter does not have a
2360	2360	right of subrogation or claim against any other person or insurer to
2361	2361	recover any benefits by reason of the alleged fault of the other
2362	2362	person in causing or contributing to the crash [accident].
2363	2363	(c) An insurer paying benefits pursuant to this subchapter,
2364	2364	including a county mutual insurance company, shall have a right of
2365	2365	subrogation and a claim against a person causing or contributing to
2366	2366	the crash [accident] if, on the date of loss, financial
2367	2367	responsibility as required by Chapter 601, Transportation Code, has
2368	2368	not been established for a motor vehicle involved in the crash
2369	2369	[accident] and operated by that person.
2370	2370	SECTION 128. Section 1954.056(b), Insurance Code, is
2371	2371	amended to read as follows:
2372	2372	(b) A transportation network company driver shall carry
2373	2373	proof of insurance that satisfies Sections 1954.052 and 1954.053
2374	2374	with the driver when the driver uses a vehicle in connection with a
2375	2375	transportation network company's digital network. In the event of
2376	2376	a crash [an accident], a driver shall provide the proof of insurance
2377	2377	to a directly interested person, automobile insurer, and
2378	2378	investigating peace officer on request under Section 601.053,
2379	2379	Transportation Code. On request, a driver shall also disclose to a
2380	2380	directly interested person, automobile insurer, and investigating
2381	2381	peace officer whether, at the time of the crash [accident], the
2382	2382	driver was:
2383	2383	(1) logged on to the company's digital network; or
2384	2384	(2) engaged in a prearranged ride.
2385	2385	SECTION 129. Section 2308.002(5-a), Occupations Code, is
2386	2386	amended to read as follows:
2387	2387	(5-a) "Incident management tow" means any tow of a
2388	2388	vehicle in which the tow truck is summoned to the scene of a traffic
2389	2389	crash [accident] or to an incident, including the removal of a
2390	2390	vehicle, commercial cargo, and commercial debris from a crash [an
2391	2391	accident] or incident scene.
2392	2392	SECTION 130. Sections 2308.209(c), (d), and (h),
2393	2393	Occupations Code, are amended to read as follows:
2394	2394	(c) The sheriff's office may maintain a list of towing
2395	2395	companies to perform nonconsent tows of motor vehicles initiated by
2396	2396	a peace officer investigating a traffic crash [accident] or a
2397	2397	traffic incident. The towing companies must operate in a county to
2398	2398	which this section applies.
2399	2399	(d) A peace officer initiating a nonconsent tow of a motor
2400	2400	vehicle involved in a traffic crash [accident] or traffic incident
2401	2401	that the officer is investigating shall notify the sheriff's office
2402	2402	that the tow is being initiated. The sheriff's office shall
2403	2403	contact successive towing companies on the tow rotation list until
2404	2404	a company agrees to carry out the tow.
2405	2405	(h) In a county in which a list is maintained under
2406	2406	Subsection (c), a person commits an offense if:
2407	2407	(1) the person arrives at the scene of a traffic crash
2408	2408	[accident] or traffic incident to perform a nonconsent tow of a
2409	2409	motor vehicle without first being contacted by the sheriff's
2410	2410	office;
2411	2411	(2) the person directly or indirectly solicits, on
2412	2412	streets located in the county, towing services, including towing,
2413	2413	removing, repairing, wrecking, storing, trading, selling, or
2414	2414	purchasing related to a vehicle that has been damaged in a crash [an
2415	2415	accident] to the extent that it cannot be normally and safely
2416	2416	driven; or
2417	2417	(3) the person enters the scene of a traffic crash
2418	2418	[accident], traffic incident, or other area under the control of a
2419	2419	peace officer without the permission of the peace officer.
2420	2420	SECTION 131. The heading to Section 38.18, Penal Code, is
2421	2421	amended to read as follows:
2422	2422	Sec. 38.18. USE OF CRASH [ACCIDENT] REPORT INFORMATION AND
2423	2423	OTHER INFORMATION FOR PECUNIARY GAIN.
2424	2424	SECTION 132. Section 2(4-a), Article 6243g-4, Vernon's
2425	2425	Texas Civil Statutes, is amended to read as follows:
2426	2426	(4-a) "Catastrophic injury" means a sudden, violent,
2427	2427	life-threatening, duty-related injury sustained by an active
2428	2428	member that is due to an externally caused motor vehicle crash
2429	2429	[accident], gunshot wound, aggravated assault, or other external
2430	2430	event or events and results, as supported by evidence, in one of the
2431	2431	following conditions:
2432	2432	(A) total, complete, and permanent loss of sight
2433	2433	in one or both eyes;
2434	2434	(B) total, complete, and permanent loss of the
2435	2435	use of one or both feet at or above the ankle;
2436	2436	(C) total, complete, and permanent loss of the
2437	2437	use of one or both hands at or above the wrist;
2438	2438	(D) injury to the spine that results in a total,
2439	2439	permanent, and complete paralysis of both arms, both legs, or one
2440	2440	arm and one leg; or
2441	2441	(E) an externally caused physical traumatic
2442	2442	injury to the brain rendering the member physically or mentally
2443	2443	unable to perform the member's duties as a police officer.
2444	2444	SECTION 133. To the extent of any conflict, this Act
2445	2445	prevails over another Act of the 87th Legislature, Regular Session,
2446	2446	2021, relating to nonsubstantive additions to and corrections in
2447	2447	enacted codes.
2448	2448	SECTION 134. This Act takes effect September 1, 2021.