Texas 2023 - 88th Regular

Texas House Bill HB2190 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2190
2	2
3	3
4	4	AN ACT
5	5	relating to the terminology used to describe
6	6	transportation-related accidents.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 22.085(b), Transportation Code, is
9	9	amended to read as follows:
10	10	(b) A joint board may use contracts and rating plans and may
11	11	implement risk management programs designed to prevent collisions
12	12	[accidents]. In developing its insurance program, a joint board
13	13	may consider the peculiar hazards, indemnity standards, and past
14	14	prospective loss and expense experience of the joint board and of
15	15	its contractors and subcontractors.
16	16	SECTION 2. Sections 112.103(b) and (c), Transportation
17	17	Code, are amended to read as follows:
18	18	(b) An operator who is involved, while operating a
19	19	locomotive, in a collision [an accident] resulting in injury to or
20	20	death of a person or damage to a vehicle that is driven or attended
21	21	by a person shall immediately stop the locomotive at the scene of
22	22	the collision [accident].
23	23	(c) The operator shall render to a person injured in the
24	24	collision [accident] reasonable assistance, including
25	25	transporting, or the making of arrangements for transporting, the
26	26	person to a physician, surgeon, or hospital for medical or surgical
27	27	treatment if it is apparent that treatment is necessary or if the
28	28	injured person requests transportation.
29	29	SECTION 3. Section 192.005, Transportation Code, is amended
30	30	to read as follows:
31	31	Sec. 192.005. RECORD OF COLLISION [ACCIDENT] OR
32	32	VIOLATION. If a person operating a railroad locomotive or train is
33	33	involved in a collision [an accident] with another train or a motor
34	34	vehicle or is arrested for violation of a law relating to the
35	35	person's operation of a railroad locomotive or train:
36	36	(1) the number of or other identifying information on
37	37	the person's driver's license or commercial driver's license may not
38	38	be included in any report of the collision [accident] or violation;
39	39	and
40	40	(2) the person's involvement in the collision
41	41	[accident] or violation may not be recorded in the person's
42	42	individual driving record maintained by the Department of Public
43	43	Safety.
44	44	SECTION 4. Section 201.806, Transportation Code, is amended
45	45	to read as follows:
46	46	Sec. 201.806. COLLISION [ACCIDENT] REPORTS. (a) The
47	47	department shall:
48	48	(1) tabulate and analyze the vehicle collision
49	49	[accident] reports it receives; and
50	50	(2) annually or more frequently publish on the
51	51	department's Internet website statistical information derived from
52	52	the collision [accident] reports as to the number, cause, and
53	53	location of highway collisions [accidents], including information
54	54	regarding the number of:
55	55	(A) collisions [accidents] involving injury to,
56	56	death of, or property damage to a bicyclist or pedestrian; and
57	57	(B) fatalities caused by a bridge collapse, as
58	58	defined by Section 550.081.
59	59	(b) The department shall provide electronic access to the
60	60	system containing the collision [accident] reports so that the
61	61	Department of Public Safety can perform its duties, including the
62	62	duty to make timely entries on driver records.
63	63	SECTION 5. Sections 201.909(a), (b), and (c),
64	64	Transportation Code, are amended to read as follows:
65	65	(a) In this section, "victim" means a person killed in a
66	66	highway collision [accident] involving alcohol or a controlled
67	67	substance, excluding an operator who was under the influence of
68	68	alcohol or a controlled substance.
69	69	(b) The commission by rule shall establish and administer a
70	70	memorial sign program to publicly memorialize the victims of
71	71	alcohol or controlled substance-related vehicle collisions
72	72	[accidents].
73	73	(c) A sign designed and posted under this section shall
74	74	include:
75	75	(1) the phrase "Please Don't Drink and Drive";
76	76	(2) the phrase "In Memory Of" and the name of one or
77	77	more victims in accordance with the commission rule; and
78	78	(3) the date of the collision [accident] that resulted
79	79	in the victim's death.
80	80	SECTION 6. Sections 201.911(a), (b), and (c),
81	81	Transportation Code, are amended to read as follows:
82	82	(a) In this section, "victim" means a person killed in a
83	83	highway collision [accident] while operating or riding on a
84	84	motorcycle.
85	85	(b) The commission by rule shall establish and administer a
86	86	memorial sign program to publicly memorialize the victims of
87	87	motorcycle collisions [accidents].
88	88	(c) A sign designed and posted under this section shall
89	89	include:
90	90	(1) a red cross;
91	91	(2) the phrase "In Memory Of" and the name of one or
92	92	more victims in accordance with the commission rule; and
93	93	(3) the date of the collision [accident] that resulted
94	94	in the victim's death.
95	95	SECTION 7. Section 222.003(d), Transportation Code, is
96	96	amended to read as follows:
97	97	(d) Of the aggregate principal amount of bonds and other
98	98	public securities that may be issued under this section, the
99	99	commission shall issue bonds or other public securities in an
100	100	aggregate principal amount of $1.2 billion to fund projects that
101	101	reduce collisions [accidents] or correct or improve hazardous
102	102	locations on the state highway system. The commission by rule
103	103	shall prescribe criteria for selecting projects eligible for
104	104	funding under this section. In establishing criteria for the
105	105	projects, the commission shall consider collision [accident] data,
106	106	traffic volume, pavement geometry, and other conditions that can
107	107	create or exacerbate hazardous roadway conditions.
108	108	SECTION 8. Section 391.038(c-2), Transportation Code, is
109	109	amended to read as follows:
110	110	(c-2) Subsection (c-1) does not apply to the rebuilding of a
111	111	sign under Subsection (c) if the person who holds the permit for the
112	112	sign rebuilds because of damage to the sign caused by:
113	113	(1) wind or a natural disaster;
114	114	(2) a motor vehicle collision [accident]; or
115	115	(3) an act of God.
116	116	SECTION 9. Section 451.108(c), Transportation Code, is
117	117	amended to read as follows:
118	118	(c) A peace officer commissioned under this section, except
119	119	as provided by Subsections (d) and (e), or a peace officer
120	120	contracted for employment by an authority confirmed before July 1,
121	121	1985, in which the principal municipality has a population of less
122	122	than 850,000, may:
123	123	(1) make an arrest in any county in which the transit
124	124	authority system is located as necessary to prevent or abate the
125	125	commission of an offense against the law of this state or a
126	126	political subdivision of this state if the offense or threatened
127	127	offense occurs on or involves the transit authority system;
128	128	(2) make an arrest for an offense involving injury or
129	129	detriment to the transit authority system;
130	130	(3) enforce traffic laws and investigate traffic
131	131	collisions [accidents] that involve or occur in the transit
132	132	authority system; and
133	133	(4) provide emergency and public safety services to
134	134	the transit authority system or users of the transit authority
135	135	system.
136	136	SECTION 10. Section 451.454(c), Transportation Code, is
137	137	amended to read as follows:
138	138	(c) Each audit must include an examination of:
139	139	(1) one or more of the following:
140	140	(A) the administration and management of the
141	141	authority;
142	142	(B) transit operations; or
143	143	(C) transit authority system maintenance;
144	144	(2) the authority's compliance with applicable state
145	145	law, including this chapter; and
146	146	(3) the following performance indicators:
147	147	(A) operating cost per passenger, per revenue
148	148	mile, and per revenue hour;
149	149	(B) sales and use tax receipts per passenger;
150	150	(C) fare recovery rate;
151	151	(D) average vehicle occupancy;
152	152	(E) on-time performance;
153	153	(F) number of collisions [accidents] per 100,000
154	154	miles; and
155	155	(G) number of miles between mechanical road
156	156	calls.
157	157	SECTION 11. Section 451.455(h), Transportation Code, is
158	158	amended to read as follows:
159	159	(h) The number of collisions [accidents] per 100,000 miles
160	160	is computed by multiplying the annual number of collisions
161	161	[accidents] by 100,000 and dividing the product by the number of
162	162	miles for all service, including charter and nonrevenue service,
163	163	directly operated by the authority for the same period. In this
164	164	subsection, "collision [accident]" includes:
165	165	(1) a collision that involves an authority's revenue
166	166	vehicle, other than a lawfully parked revenue vehicle, and that
167	167	results in property damage, injury, or death; and
168	168	(2) an incident that results in the injury or death of
169	169	a person on board or boarding or alighting from an authority's
170	170	revenue vehicle.
171	171	SECTION 12. Section 452.062(b), Transportation Code, is
172	172	amended to read as follows:
173	173	(b) An authority may use contracts, rating plans, and risk
174	174	management programs designed to encourage collision [accident]
175	175	prevention.
176	176	SECTION 13. Section 452.454(c), Transportation Code, is
177	177	amended to read as follows:
178	178	(c) Each audit must include an examination of:
179	179	(1) one or more of the following:
180	180	(A) the administration and management of the
181	181	authority;
182	182	(B) transit operations; or
183	183	(C) transit authority system maintenance;
184	184	(2) the authority's compliance with applicable state
185	185	law, including this chapter; and
186	186	(3) the following performance indicators:
187	187	(A) subsidy per passenger, operating cost per
188	188	revenue mile, and operating cost per revenue hour;
189	189	(B) sales and use tax receipts per passenger;
190	190	(C) fare recovery rate;
191	191	(D) number of passengers per hour;
192	192	(E) on-time performance;
193	193	(F) number of collisions [accidents] per 100,000
194	194	miles; and
195	195	(G) number of miles between mechanical service
196	196	calls.
197	197	SECTION 14. Section 452.455(i), Transportation Code, is
198	198	amended to read as follows:
199	199	(i) The number of collisions [accidents] per 100,000 miles
200	200	is computed by multiplying the annual number of collisions
201	201	[accidents] by 100,000 and dividing the product by the number of
202	202	miles for all service, including charter and nonrevenue service for
203	203	the same period. In this subsection, "collision [accident]"
204	204	includes:
205	205	(1) a collision that involves an authority's revenue
206	206	vehicle, other than a lawfully parked revenue vehicle, and results
207	207	in property damage, injury, or death; and
208	208	(2) an operating incident resulting in the injury or
209	209	death of a person on board or boarding or alighting from an
210	210	authority's revenue vehicle.
211	211	SECTION 15. Section 460.110(b), Transportation Code, is
212	212	amended to read as follows:
213	213	(b) An authority may use contracts, rating plans, and risk
214	214	management programs designed to encourage collision [accident]
215	215	prevention.
216	216	SECTION 16. Section 463.065(b), Transportation Code, is
217	217	amended to read as follows:
218	218	(b) An authority may use contracts, rating plans, and risk
219	219	management programs designed to encourage collision [accident]
220	220	prevention.
221	221	SECTION 17. Section 521.025(c), Transportation Code, is
222	222	amended to read as follows:
223	223	(c) A person who violates this section commits an
224	224	offense. An offense under this subsection is a misdemeanor
225	225	punishable by a fine not to exceed $200, except that:
226	226	(1) for a second conviction within one year after the
227	227	date of the first conviction, the offense is a misdemeanor
228	228	punishable by a fine of not less than $25 or more than $200;
229	229	(2) for a third or subsequent conviction within one
230	230	year after the date of the second conviction the offense is a
231	231	misdemeanor punishable by:
232	232	(A) a fine of not less than $25 or more than $500;
233	233	(B) confinement in the county jail for not less
234	234	than 72 hours or more than six months; or
235	235	(C) both the fine and confinement; and
236	236	(3) if it is shown on the trial of the offense that at
237	237	the time of the offense the person was operating the motor vehicle
238	238	in violation of Section 601.191 and caused or was at fault in a
239	239	motor vehicle collision [accident] that resulted in serious bodily
240	240	injury to or the death of another person, an offense under this
241	241	section is a Class A misdemeanor.
242	242	SECTION 18. Section 521.042, Transportation Code, is
243	243	amended to read as follows:
244	244	Sec. 521.042. COLLISION [ACCIDENT] AND CONVICTION REPORTS;
245	245	INDIVIDUAL RECORDS. (a) Except as provided by this section, the
246	246	department shall record each collision [accident] report and
247	247	abstract of the court record of a conviction received by the
248	248	department under a law of this state.
249	249	(b) The records must enable the department to consider, on
250	250	receipt of a renewal application and at other suitable times, the
251	251	record of each license holder that shows any:
252	252	(1) conviction of that license holder; and
253	253	(2) traffic collision [accident] in which the license
254	254	holder has been involved.
255	255	(c) The record of a license holder who is employed as a peace
256	256	officer, fire fighter, or emergency medical services employee of
257	257	this state, a political subdivision of this state, or a special
258	258	purpose district may not include information relating to a traffic
259	259	collision [accident] that occurs while the peace officer, fire
260	260	fighter, or emergency medical services employee is driving an
261	261	official vehicle in the course and scope of the license holder's
262	262	official duties if:
263	263	(1) the traffic collision [accident] resulted in
264	264	damages to property of less than $1,000; or
265	265	(2) an investigation of the collision [accident] by a
266	266	peace officer, other than a peace officer involved in the collision
267	267	[accident], determines that the peace officer, fire fighter, or
268	268	emergency medical services employee involved in the collision
269	269	[accident] was not at fault.
270	270	(d) Before issuing or renewing a license, the department
271	271	shall examine the record of the applicant for information relating
272	272	to a conviction of a traffic violation or involvement in a traffic
273	273	collision [accident]. The department may not issue or renew a
274	274	license if the department determines that the issuance or renewal
275	275	of the license would be inimical to the public safety.
276	276	(e) The director may maintain records required under this
277	277	subchapter on microfilm or computer.
278	278	SECTION 19. The heading to Section 521.046, Transportation
279	279	Code, is amended to read as follows:
280	280	Sec. 521.046. DISCLOSURE OF COLLISION [ACCIDENT] AND
281	281	CONVICTION INFORMATION.
282	282	SECTION 20. Section 521.046(a), Transportation Code, is
283	283	amended to read as follows:
284	284	(a) In addition to the information authorized to be released
285	285	under Section 521.045, on receipt of a written request and payment
286	286	of a $6 fee, the department may disclose that information and
287	287	information regarding each reported motor vehicle moving
288	288	violation, as defined by department rule, resulting in a traffic
289	289	law conviction and each motor vehicle collision [accident] in which
290	290	the individual received a citation, by date and location, within
291	291	the three years preceding the date of the request, to a person who:
292	292	(1) is eligible to receive the information under
293	293	Chapter 730; and
294	294	(2) submits to the department the individual's
295	295	driver's license number or the individual's full name and date of
296	296	birth.
297	297	SECTION 21. Section 521.047(b), Transportation Code, is
298	298	amended to read as follows:
299	299	(b) The department may disclose information as recorded in
300	300	department records that relates to:
301	301	(1) the individual's date of birth;
302	302	(2) the current license status of the individual;
303	303	(3) the individual's most recent address;
304	304	(4) the completion of an approved driver education
305	305	course by the individual;
306	306	(5) the fact of, but not the reason for, completion of
307	307	a driver safety course by the individual; and
308	308	(6) each of the individual's reported traffic law
309	309	violations and motor vehicle collisions [accidents], by date and
310	310	location.
311	311	SECTION 22. Section 521.049(e), Transportation Code, is
312	312	amended to read as follows:
313	313	(e) A driver's license record or personal identification
314	314	certificate record provided under Subsection (d)(1) may not include
315	315	information relating to an individual's social security number or
316	316	any collision [accident] or conviction information about an
317	317	individual.
318	318	SECTION 23. Section 521.060(a), Transportation Code, is
319	319	amended to read as follows:
320	320	(a) The department shall maintain in its files a record of
321	321	the name, address, and telephone number of each individual
322	322	identified by the holder of a driver's license or personal
323	323	identification certificate as an individual the holder authorizes
324	324	to be contacted in the event that the holder is injured or dies in or
325	325	as a result of a vehicular collision [accident] or another
326	326	emergency situation. In addition, the department shall maintain
327	327	in its files a record of any medical information described by
328	328	Section 521.125(a) that is provided to the department under
329	329	Subsection (c) or any health condition information that is
330	330	voluntarily provided to the department under Section 521.142(h).
331	331	SECTION 24. Section 521.292(a), Transportation Code, is
332	332	amended to read as follows:
333	333	(a) The department shall suspend the person's license if the
334	334	department determines that the person:
335	335	(1) has operated a motor vehicle on a highway while the
336	336	person's license was suspended, canceled, disqualified, or
337	337	revoked, or without a license after an application for a license was
338	338	denied;
339	339	(2) is a habitually reckless or negligent operator of
340	340	a motor vehicle;
341	341	(3) is a habitual violator of the traffic laws;
342	342	(4) has permitted the unlawful or fraudulent use of
343	343	the person's license;
344	344	(5) has committed an offense in another state or
345	345	Canadian province that, if committed in this state, would be
346	346	grounds for suspension;
347	347	(6) has been convicted of two or more separate
348	348	offenses of a violation of a restriction imposed on the use of the
349	349	license;
350	350	(7) has been responsible as a driver for any collision
351	351	[accident] resulting in serious personal injury or serious property
352	352	damage;
353	353	(8) is under 18 years of age and has been convicted of
354	354	two or more moving violations committed within a 12-month period;
355	355	or
356	356	(9) has committed an offense under Section 545.421.
357	357	SECTION 25. Section 521.457(f-2), Transportation Code, is
358	358	amended to read as follows:
359	359	(f-2) An offense under this section is a Class A misdemeanor
360	360	if it is shown on the trial of the offense that at the time of the
361	361	offense the person was operating the motor vehicle in violation of
362	362	Section 601.191 and caused or was at fault in a motor vehicle
363	363	collision [accident] that resulted in serious bodily injury to or
364	364	the death of another person.
365	365	SECTION 26. Section 522.003(25), Transportation Code, is
366	366	amended to read as follows:
367	367	(25) "Serious traffic violation" means:
368	368	(A) a conviction arising from the driving of a
369	369	motor vehicle, other than a parking, vehicle weight, or vehicle
370	370	defect violation, for:
371	371	(i) excessive speeding, involving a single
372	372	charge of driving 15 miles per hour or more above the posted speed
373	373	limit;
374	374	(ii) reckless driving, as defined by state
375	375	or local law;
376	376	(iii) a violation of a state or local law
377	377	related to motor vehicle traffic control, including a law
378	378	regulating the operation of vehicles on highways, arising in
379	379	connection with a fatal collision [accident];
380	380	(iv) improper or erratic traffic lane
381	381	change;
382	382	(v) following the vehicle ahead too
383	383	closely; or
384	384	(vi) a violation of Sections 522.011 or
385	385	522.042; or
386	386	(B) a violation of Section 522.015.
387	387	SECTION 27. Section 522.081(b), Transportation Code, is
388	388	amended to read as follows:
389	389	(b) Except as provided by this subsection, this subsection
390	390	applies to a violation committed while operating any type of motor
391	391	vehicle, including a commercial motor vehicle. A person who holds
392	392	a commercial driver's license or commercial learner's permit is
393	393	disqualified from driving a commercial motor vehicle for one year:
394	394	(1) if convicted of three violations of a law that
395	395	regulates the operation of a motor vehicle at a railroad grade
396	396	crossing that occur within a three-year period;
397	397	(2) on first conviction of:
398	398	(A) driving a motor vehicle under the influence
399	399	of alcohol or a controlled substance, including a violation of
400	400	Section 49.04, 49.045, or 49.07, Penal Code;
401	401	(B) leaving the scene of a collision [an
402	402	accident] involving a motor vehicle driven by the person;
403	403	(C) using a motor vehicle in the commission of a
404	404	felony, other than a felony described by Subsection (d)(2);
405	405	(D) causing the death of another person through
406	406	the negligent or criminal operation of a motor vehicle; or
407	407	(E) driving a commercial motor vehicle while the
408	408	person's commercial driver's license or commercial learner's permit
409	409	is revoked, suspended, or canceled, or while the person is
410	410	disqualified from driving a commercial motor vehicle, for an action
411	411	or conduct that occurred while operating a commercial motor
412	412	vehicle;
413	413	(3) for refusing to submit to a test under Chapter 724
414	414	to determine the person's alcohol concentration or the presence in
415	415	the person's body of a controlled substance or drug while operating
416	416	a motor vehicle in a public place; or
417	417	(4) if an analysis of the person's blood, breath, or
418	418	urine under Chapter 522, 524, or 724 determines that the person:
419	419	(A) had an alcohol concentration of 0.04 or more,
420	420	or that a controlled substance or drug was present in the person's
421	421	body, while operating a commercial motor vehicle in a public place;
422	422	or
423	423	(B) had an alcohol concentration of 0.08 or more
424	424	while operating a motor vehicle, other than a commercial motor
425	425	vehicle, in a public place.
426	426	SECTION 28. Section 523.005(a), Transportation Code, is
427	427	amended to read as follows:
428	428	(a) The licensing authority in the home state, for the
429	429	purpose of suspension, revocation, cancellation, denial,
430	430	disqualification, or limitation of the privilege to operate a motor
431	431	vehicle, shall give the same effect to the conduct reported
432	432	pursuant to Section 523.004 as it would if such conduct had occurred
433	433	in the home state in the case of conviction for:
434	434	(1) manslaughter or negligent homicide resulting from
435	435	the operation of a motor vehicle;
436	436	(2) driving a motor vehicle while under the influence
437	437	of alcoholic beverages or a narcotic to a degree which renders the
438	438	driver incapable of safely driving a motor vehicle;
439	439	(3) any felony in the commission of which a motor
440	440	vehicle is used; or
441	441	(4) failure to stop and render aid or information in
442	442	the event of a motor vehicle collision [accident] resulting in the
443	443	death or personal injury of another.
444	444	SECTION 29. Section 542.206, Transportation Code, is
445	445	amended to read as follows:
446	446	Sec. 542.206. EFFECT OF SPEED LIMITS IN A CIVIL ACTION. A
447	447	provision of this subtitle declaring a maximum or minimum speed
448	448	limit does not relieve the plaintiff in a civil action from the
449	449	burden of proving negligence of the defendant as the proximate
450	450	cause of a collision [an accident].
451	451	SECTION 30. Section 542.4045, Transportation Code, is
452	452	amended to read as follows:
453	453	Sec. 542.4045. PENALTIES FOR FAILURE TO YIELD RIGHT-OF-WAY
454	454	OFFENSE RESULTING IN COLLISION [ACCIDENT]. If it is shown on the
455	455	trial of an offense under this subtitle in which an element is the
456	456	failure by the operator of a vehicle to yield the right-of-way to
457	457	another vehicle that a collision [an accident] resulted from the
458	458	operator's failure to yield the right-of-way:
459	459	(1) the offense is punishable by a fine of not less
460	460	than $500 or more than $2,000, if a person other than the operator
461	461	of the vehicle suffered bodily injury, as defined by Section 1.07,
462	462	Penal Code, in the collision [accident]; and
463	463	(2) the offense is punishable by a fine of not less
464	464	than $1,000 or more than $4,000, if a person other than the operator
465	465	of the vehicle suffered serious bodily injury, as defined by
466	466	Section 1.07, Penal Code, in the collision [accident].
467	467	SECTION 31. Section 543.002(a), Transportation Code, is
468	468	amended to read as follows:
469	469	(a) A person arrested for a violation of this subtitle
470	470	punishable as a misdemeanor shall be immediately taken before a
471	471	magistrate if:
472	472	(1) the person is arrested on a charge of failure to
473	473	stop in the event of a collision [an accident] causing damage to
474	474	property; or
475	475	(2) the person demands an immediate appearance before
476	476	a magistrate or refuses to make a written promise to appear in court
477	477	as provided by this subchapter.
478	478	SECTION 32. Section 543.011(c), Transportation Code, is
479	479	amended to read as follows:
480	480	(c) The law enforcement agency shall:
481	481	(1) as soon as practicable contact the United States
482	482	Department of State to verify the person's status and immunity, if
483	483	any; and
484	484	(2) not later than the fifth working day after the date
485	485	of the stop or issuance of the notice to appear, send to the Bureau
486	486	of Diplomatic Security and the Office of Foreign Missions of the
487	487	United States Department of State the following:
488	488	(A) a copy of any notice to appear issued to the
489	489	person and any collision [accident] report prepared; or
490	490	(B) if a notice to appear was not issued and a
491	491	collision [an accident] report was not prepared, a written report
492	492	of the incident.
493	493	SECTION 33. Section 545.356(d), Transportation Code, is
494	494	amended to read as follows:
495	495	(d) The governing body of a municipality that declares a
496	496	lower speed limit on a highway or part of a highway under Subsection
497	497	(b-1) or (b-3), not later than February 1 of each year, shall
498	498	publish on its Internet website and submit to the department a
499	499	report that compares for each of the two previous calendar years:
500	500	(1) the number of traffic citations issued by peace
501	501	officers of the municipality and the alleged speed of the vehicles,
502	502	for speed limit violations on the highway or part of the highway;
503	503	(2) the number of warning citations issued by peace
504	504	officers of the municipality on the highway or part of the highway;
505	505	and
506	506	(3) the number of vehicular collisions [accidents]
507	507	that resulted in injury or death and were attributable to speed
508	508	limit violations on the highway or part of the highway.
509	509	SECTION 34. Section 545.3561, Transportation Code, is
510	510	amended to read as follows:
511	511	Sec. 545.3561. AUTHORITY OF MUNICIPALITY OR COUNTY TO
512	512	TEMPORARILY LOWER SPEED LIMIT AT VEHICULAR COLLISION [ACCIDENT]
513	513	RECONSTRUCTION SITE. (a) The governing body of a municipality by
514	514	ordinance may give a designated official with transportation
515	515	engineering experience establishing speed limits discretion to
516	516	temporarily lower a prima facie speed limit for a highway or part of
517	517	a highway in the municipality, including a highway of the state
518	518	highway system, at the site of an investigation using vehicular
519	519	collision [accident] reconstruction.
520	520	(b) A county commissioners court by order may give a
521	521	designated official with transportation engineering experience
522	522	establishing speed limits discretion to temporarily lower prima
523	523	facie speed limits for a county road or highway outside the
524	524	boundaries of a municipality at the site of an investigation using
525	525	vehicular collision [accident] reconstruction. The authority
526	526	granted under this subsection does not include a road or highway in
527	527	the state highway system.
528	528	(c) The Texas Department of Transportation shall develop
529	529	safety guidelines for the use of vehicular collision [accident]
530	530	reconstruction in investigations. A municipality, county, or
531	531	designated official shall comply with the guidelines.
532	532	(d) A designated official may temporarily lower prima facie
533	533	speed limits without the approval of or permission from the Texas
534	534	Department of Transportation. A designated official who intends
535	535	to temporarily lower a prima facie speed limit at the site of an
536	536	investigation using vehicular collision [accident] reconstruction
537	537	shall, at least 48 hours before temporary speed limit signs are
538	538	posted for the vehicular collision [accident] reconstruction site,
539	539	provide to the Texas Department of Transportation notice that
540	540	includes:
541	541	(1) the date and time of the collision [accident]
542	542	reconstruction;
543	543	(2) the location of the collision [accident]
544	544	reconstruction site;
545	545	(3) the entities involved at the site;
546	546	(4) the general size of the area affected by the site;
547	547	and
548	548	(5) an estimate of how long the site will be used for
549	549	the collision [accident] reconstruction.
550	550	(e) A temporary speed limit established under this section:
551	551	(1) is a prima facie prudent and reasonable speed
552	552	limit enforceable in the same manner as other prima facie speed
553	553	limits established under other provisions of this subchapter; and
554	554	(2) supersedes any other established speed limit that
555	555	would permit a person to operate a motor vehicle at a higher rate of
556	556	speed.
557	557	(f) A designated official who temporarily lowers a speed
558	558	limit shall:
559	559	(1) place and maintain at the vehicular collision
560	560	[accident] reconstruction site temporary speed limit signs that
561	561	conform to the manual and specifications adopted under Section
562	562	544.001;
563	563	(2) temporarily conceal all other signs on the highway
564	564	segment affected by the vehicular collision [accident]
565	565	reconstruction site that give notice of a speed limit that would
566	566	permit a person to operate a motor vehicle at a higher rate of
567	567	speed; and
568	568	(3) remove all temporary speed limit signs placed
569	569	under Subdivision (1) and concealments of other signs placed under
570	570	Subdivision (2) when the official finds that the vehicular
571	571	collision [accident] reconstruction is complete and all equipment
572	572	is removed from the vehicular collision [accident] reconstruction
573	573	site.
574	574	(g) A temporary speed limit established under this section
575	575	is effective when a designated official places temporary speed
576	576	limit signs and conceals other signs that would permit a person to
577	577	operate a motor vehicle at a higher rate of speed as required under
578	578	Subsection (f).
579	579	(h) A temporary speed limit established under this section
580	580	is effective until the designated official under Subsection (a) or
581	581	(b):
582	582	(1) finds that the vehicular collision [accident]
583	583	reconstruction is complete; and
584	584	(2) removes all temporary signs, concealments, and
585	585	equipment used at the vehicular collision [accident]
586	586	reconstruction site.
587	587	(i) If a designated official does not comply with the
588	588	requirements of Subsection (f)(3) for a vehicular collision
589	589	[accident] reconstruction on a state highway associated with the
590	590	reconstruction, the Texas Department of Transportation may remove
591	591	signs and concealments.
592	592	SECTION 35. Section 545.4121(b), Transportation Code, is
593	593	amended to read as follows:
594	594	(b) It is a defense to prosecution of an offense to which
595	595	this section applies that the defendant provides to the court
596	596	evidence satisfactory to the court that:
597	597	(1) at the time of the offense:
598	598	(A) the defendant was not arrested or issued a
599	599	citation for violation of any other offense;
600	600	(B) the defendant did not possess a child
601	601	passenger safety seat system in the vehicle; and
602	602	(C) the vehicle the defendant was operating was
603	603	not involved in a collision [an accident]; and
604	604	(2) subsequent to the time of the offense,
605	605	the defendant obtained an appropriate child passenger safety seat
606	606	system for each child required to be secured in a child passenger
607	607	safety seat system under Section 545.412(a).
608	608	SECTION 36. Section 545.420(i), Transportation Code, is
609	609	amended to read as follows:
610	610	(i) This subsection applies only to a motor vehicle used in
611	611	the commission of an offense under this section that results in a
612	612	collision [an accident] with property damage or personal injury. A
613	613	peace officer shall require the vehicle to be taken to the nearest
614	614	licensed vehicle storage facility unless the vehicle is seized as
615	615	evidence, in which case the vehicle may be taken to a storage
616	616	facility as designated by the peace officer
617	617	involved. Notwithstanding Article 18.23, Code of Criminal
618	618	Procedure, the owner of a motor vehicle that is removed or stored
619	619	under this subsection is liable for all removal and storage fees
620	620	incurred and is not entitled to take possession of the vehicle until
621	621	those fees are paid.
622	622	SECTION 37. The heading to Section 545.428, Transportation
623	623	Code, is amended to read as follows:
624	624	Sec. 545.428. MOTOR VEHICLE COLLISION [ACCIDENT] INVOLVING
625	625	PEDESTRIAN OR OTHER VULNERABLE ROAD USER WITHIN AREA OF CROSSWALK;
626	626	OFFENSE.
627	627	SECTION 38. Section 545.455, Transportation Code, is
628	628	amended to read as follows:
629	629	Sec. 545.455. DUTIES FOLLOWING COLLISION [ACCIDENT]
630	630	INVOLVING AUTOMATED MOTOR VEHICLE. In the event of a collision [an
631	631	accident] involving an automated motor vehicle, the automated motor
632	632	vehicle or any human operator of the automated motor vehicle shall
633	633	comply with Chapter 550.
634	634	SECTION 39. Section 547.305(d), Transportation Code, is
635	635	amended to read as follows:
636	636	(d) A vehicle may be equipped with alternately flashing
637	637	lighting equipment described by Section 547.701 or 547.702 only if
638	638	the vehicle is:
639	639	(1) a school bus;
640	640	(2) an authorized emergency vehicle;
641	641	(3) a church bus that has the words "church bus"
642	642	printed on the front and rear of the bus so as to be clearly
643	643	discernable to other vehicle operators;
644	644	(4) a tow truck while under the direction of a law
645	645	enforcement officer at the scene of a collision [an accident] or
646	646	while hooking up to a disabled vehicle on a roadway; or
647	647	(5) a tow truck with a mounted light bar which has turn
648	648	signals and stop lamps in addition to those required by Sections
649	649	547.322, 547.323, and 547.324, Transportation Code.
650	650	SECTION 40. Section 547.615(a)(2), Transportation Code, is
651	651	amended to read as follows:
652	652	(2) "Recording device" means a feature that is
653	653	installed by the manufacturer in a motor vehicle and that does any
654	654	of the following for the purpose of retrieving information from the
655	655	vehicle after a collision [an accident] in which the vehicle has
656	656	been involved:
657	657	(A) records the speed and direction the vehicle
658	658	is traveling;
659	659	(B) records vehicle location data;
660	660	(C) records steering performance;
661	661	(D) records brake performance, including
662	662	information on whether brakes were applied before a collision [an
663	663	accident];
664	664	(E) records the driver's safety belt status; or
665	665	(F) transmits information concerning the
666	666	collision [accident] to a central communications system when the
667	667	collision [accident] occurs.
668	668	SECTION 41. Section 547.615(c), Transportation Code, is
669	669	amended to read as follows:
670	670	(c) Information recorded or transmitted by a recording
671	671	device may not be retrieved by a person other than the owner of the
672	672	motor vehicle in which the recording device is installed except:
673	673	(1) on court order;
674	674	(2) with the consent of the owner for any purpose,
675	675	including for the purpose of diagnosing, servicing, or repairing
676	676	the motor vehicle;
677	677	(3) for the purpose of improving motor vehicle safety,
678	678	including for medical research on the human body's reaction to
679	679	motor vehicle collisions [accidents], if the identity of the owner
680	680	or driver of the vehicle is not disclosed in connection with the
681	681	retrieved information; or
682	682	(4) for the purpose of determining the need for or
683	683	facilitating emergency medical response in the event of a motor
684	684	vehicle collision [accident].
685	685	SECTION 42. Section 548.053(b), Transportation Code, is
686	686	amended to read as follows:
687	687	(b) A vehicle that is inspected and is subsequently involved
688	688	in a collision or other incident [an accident] affecting the safe
689	689	operation of an item of inspection must be reinspected following
690	690	repair. The reinspection must be at an inspection station and shall
691	691	be treated and charged as an initial inspection.
692	692	SECTION 43. The heading to Chapter 550, Transportation
693	693	Code, is amended to read as follows:
694	694	CHAPTER 550. COLLISIONS [ACCIDENTS] AND COLLISION [ACCIDENT]
695	695	REPORTS
696	696	SECTION 44. The heading to Subchapter B, Chapter 550,
697	697	Transportation Code, is amended to read as follows:
698	698	SUBCHAPTER B. DUTIES FOLLOWING COLLISION [ACCIDENT]
699	699	SECTION 45. Section 550.021, Transportation Code, is
700	700	amended to read as follows:
701	701	Sec. 550.021. COLLISION [ACCIDENT] INVOLVING PERSONAL
702	702	INJURY OR DEATH. (a) The operator of a vehicle involved in a
703	703	collision [an accident] that results or is reasonably likely to
704	704	result in injury to or death of a person shall:
705	705	(1) immediately stop the vehicle at the scene of the
706	706	collision [accident] or as close to the scene as possible;
707	707	(2) immediately return to the scene of the collision
708	708	[accident] if the vehicle is not stopped at the scene of the
709	709	collision [accident];
710	710	(3) immediately determine whether a person is involved
711	711	in the collision [accident], and if a person is involved in the
712	712	collision [accident], whether that person requires aid; and
713	713	(4) remain at the scene of the collision [accident]
714	714	until the operator complies with the requirements of Section
715	715	550.023.
716	716	(b) An operator of a vehicle required to stop the vehicle by
717	717	Subsection (a) shall do so without obstructing traffic more than is
718	718	necessary.
719	719	(c) A person commits an offense if the person does not stop
720	720	or does not comply with the requirements of this section. An
721	721	offense under this section:
722	722	(1) involving a collision [an accident] resulting in:
723	723	(A) death of a person is a felony of the second
724	724	degree; or
725	725	(B) serious bodily injury, as defined by Section
726	726	1.07, Penal Code, to a person is a felony of the third degree; and
727	727	(2) involving a collision [an accident] resulting in
728	728	injury to which Subdivision (1) does not apply is punishable by:
729	729	(A) imprisonment in the Texas Department of
730	730	Criminal Justice for not more than five years or confinement in the
731	731	county jail for not more than one year;
732	732	(B) a fine not to exceed $5,000; or
733	733	(C) both the fine and the imprisonment or
734	734	confinement.
735	735	SECTION 46. The heading to Section 550.022, Transportation
736	736	Code, is amended to read as follows:
737	737	Sec. 550.022. COLLISION [ACCIDENT] INVOLVING DAMAGE TO
738	738	VEHICLE.
739	739	SECTION 47. Sections 550.022(a) and (b), Transportation
740	740	Code, are amended to read as follows:
741	741	(a) Except as provided by Subsection (b), the operator of a
742	742	vehicle involved in a collision [an accident] resulting only in
743	743	damage to a vehicle that is driven or attended by a person shall:
744	744	(1) immediately stop the vehicle at the scene of the
745	745	collision [accident] or as close as possible to the scene of the
746	746	collision [accident] without obstructing traffic more than is
747	747	necessary;
748	748	(2) immediately return to the scene of the collision
749	749	[accident] if the vehicle is not stopped at the scene of the
750	750	collision [accident]; and
751	751	(3) remain at the scene of the collision [accident]
752	752	until the operator complies with the requirements of Section
753	753	550.023.
754	754	(b) If a collision [an accident] occurs on a main lane,
755	755	ramp, shoulder, median, or adjacent area of a freeway in a
756	756	metropolitan area and each vehicle involved can be normally and
757	757	safely driven, each operator shall move the operator's vehicle as
758	758	soon as possible to a designated collision [accident] investigation
759	759	site, if available, a location on the frontage road, the nearest
760	760	suitable cross street, or other suitable location to complete the
761	761	requirements of Section 550.023 and minimize interference with
762	762	freeway traffic.
763	763	SECTION 48. Section 550.023, Transportation Code, is
764	764	amended to read as follows:
765	765	Sec. 550.023. DUTY TO GIVE INFORMATION AND RENDER AID. The
766	766	operator of a vehicle involved in a collision [an accident]
767	767	resulting in the injury or death of a person or damage to a vehicle
768	768	that is driven or attended by a person shall:
769	769	(1) give the operator's name and address, the
770	770	registration number of the vehicle the operator was driving, and
771	771	the name of the operator's motor vehicle liability insurer to any
772	772	person injured or the operator or occupant of or person attending a
773	773	vehicle involved in the collision;
774	774	(2) if requested and available, show the operator's
775	775	driver's license to a person described by Subdivision (1); and
776	776	(3) provide any person injured in the collision
777	777	[accident] reasonable assistance, including transporting or making
778	778	arrangements for transporting the person to a physician or hospital
779	779	for medical treatment if it is apparent that treatment is
780	780	necessary, or if the injured person requests the transportation.
781	781	SECTION 49. Section 550.025(a), Transportation Code, is
782	782	amended to read as follows:
783	783	(a) The operator of a vehicle involved in a collision [an
784	784	accident] resulting only in damage to a structure adjacent to a
785	785	highway or a fixture or landscaping legally on or adjacent to a
786	786	highway shall:
787	787	(1) take reasonable steps to locate and notify the
788	788	owner or person in charge of the property of the collision
789	789	[accident] and of the operator's name and address and the
790	790	registration number of the vehicle the operator was driving; and
791	791	(2) if requested and available, show the operator's
792	792	driver's license to the owner or person in charge of the property.
793	793	SECTION 50. Section 550.026, Transportation Code, is
794	794	amended to read as follows:
795	795	Sec. 550.026. IMMEDIATE REPORT OF COLLISION [ACCIDENT].
796	796	(a) The operator of a vehicle involved in a collision [an accident]
797	797	resulting in injury to or death of a person or damage to a vehicle to
798	798	the extent that it cannot be normally and safely driven shall
799	799	immediately by the quickest means of communication give notice of
800	800	the collision [accident] to the:
801	801	(1) local police department if the collision
802	802	[accident] occurred in a municipality;
803	803	(2) local police department or the sheriff's office if
804	804	the collision [accident] occurred not more than 100 feet outside
805	805	the limits of a municipality; or
806	806	(3) sheriff's office or the nearest office of the
807	807	department if the collision [accident] is not required to be
808	808	reported under Subdivision (1) or (2).
809	809	(b) If a section of road is within 100 feet of the limits of
810	810	more than one municipality, the municipalities may agree regarding
811	811	the maintenance of reports made under Subsection (a)(2). A county
812	812	may agree with municipalities in the county regarding the
813	813	maintenance of reports made under Subsection (a)(2). An agreement
814	814	under this subsection does not affect the duty to report a collision
815	815	[an accident] under Subsection (a).
816	816	SECTION 51. The heading to Subchapter C, Chapter 550,
817	817	Transportation Code, is amended to read as follows:
818	818	SUBCHAPTER C. INVESTIGATION OF COLLISION [ACCIDENT]
819	819	SECTION 52. Section 550.041(a), Transportation Code, is
820	820	amended to read as follows:
821	821	(a) A peace officer who is notified of a motor vehicle
822	822	collision [accident] resulting in injury to or death of a person or
823	823	property damage to an apparent extent of at least $1,000 may
824	824	investigate the collision [accident] and file justifiable charges
825	825	relating to the collision [accident] without regard to whether the
826	826	collision [accident] occurred on property to which this chapter
827	827	applies.
828	828	SECTION 53. The heading to Subchapter D, Chapter 550,
829	829	Transportation Code, is amended to read as follows:
830	830	SUBCHAPTER D. WRITTEN COLLISION [ACCIDENT] REPORT
831	831	SECTION 54. Section 550.062, Transportation Code, is
832	832	amended to read as follows:
833	833	Sec. 550.062. OFFICER'S COLLISION [ACCIDENT] REPORT. (a)
834	834	A law enforcement officer who in the regular course of duty
835	835	investigates a motor vehicle collision [accident] shall make a
836	836	written report of the collision [accident] if the collision
837	837	[accident] resulted in injury to or the death of a person or damage
838	838	to the property of any one person to the apparent extent of $1,000
839	839	or more.
840	840	(b) The report required by Subsection (a) must be filed
841	841	electronically with the department not later than the 10th day
842	842	after the date of the collision [accident].
843	843	(b-1) If the motor vehicle collision [accident] involved a
844	844	combination of vehicles operating under a permit issued under
845	845	Section 623.402, the report required by Subsection (a) must include
846	846	the weight and the number of axles of the vehicle combination.
847	847	(c) This section applies without regard to whether the
848	848	officer investigates the collision [accident] at the location of
849	849	the collision [accident] and immediately after the collision
850	850	[accident] or afterwards by interviewing those involved in the
851	851	collision [accident] or witnesses to the collision [accident].
852	852	SECTION 55. Section 550.063, Transportation Code, is
853	853	amended to read as follows:
854	854	Sec. 550.063. REPORT ON APPROPRIATE FORM. The form of all
855	855	written collision [accident] reports must be approved by the
856	856	department and the Department of Public Safety. A person who is
857	857	required to file a written collision [accident] report shall report
858	858	on the appropriate form and shall disclose all information required
859	859	by the form unless the information is not available.
860	860	SECTION 56. Section 550.064, Transportation Code, is
861	861	amended to read as follows:
862	862	Sec. 550.064. COLLISION [ACCIDENT] REPORT FORMS. (a) The
863	863	department shall prepare and when requested supply to police
864	864	departments, coroners, sheriffs, garages, and other suitable
865	865	agencies or individuals the collision [accident] report forms
866	866	appropriate for the persons required to make a report and
867	867	appropriate for the purposes to be served by those reports.
868	868	(b) A collision [An accident] report form prepared by the
869	869	department must:
870	870	(1) require sufficiently detailed information to
871	871	disclose the cause and conditions of and the persons and vehicles
872	872	involved in a collision [an accident] if the form is for the report
873	873	to be made by a person investigating the collision [accident];
874	874	(2) include a way to designate and identify a peace
875	875	officer, firefighter, or emergency medical services employee who is
876	876	involved in a collision [an accident] while driving a law
877	877	enforcement vehicle, fire department vehicle, or emergency medical
878	878	services vehicle while performing the person's duties;
879	879	(3) require a statement by a person described by
880	880	Subdivision (2) as to the nature of the collision [accident]; and
881	881	(4) include a way to designate whether an individual
882	882	involved in a collision [an accident] wants to be contacted by a
883	883	person seeking to obtain employment as a professional described by
884	884	Section 38.01(12), Penal Code.
885	885	SECTION 57. Section 550.065, Transportation Code, is
886	886	amended to read as follows:
887	887	Sec. 550.065. RELEASE OF CERTAIN INFORMATION RELATING TO
888	888	COLLISIONS [ACCIDENTS]. (a) This section applies only to the
889	889	following information that is held by the department or another
890	890	governmental entity:
891	891	(1) a written report of a collision [an accident]
892	892	required under:
893	893	(A) Section 550.062; or
894	894	(B) former Section 550.061 or 601.004 before
895	895	September 1, 2017; or
896	896	(2) collision [accident] report information compiled
897	897	under Section 201.806.
898	898	(b) Except as provided by Subsection (c), (c-1), or (e), the
899	899	information is privileged and for the confidential use of:
900	900	(1) the department; and
901	901	(2) an agency of the United States, this state, or a
902	902	local government of this state that has use for the information for
903	903	collision [accident] prevention purposes.
904	904	(c) On written request and payment of any required fee, the
905	905	department or the governmental entity shall release the information
906	906	to:
907	907	(1) an entity described by Subsection (b);
908	908	(2) the law enforcement agency that employs the peace
909	909	officer who investigated the collision [accident] and sent the
910	910	information to the department, including an agent of the law
911	911	enforcement agency authorized by contract to obtain the
912	912	information;
913	913	(3) the court in which a case involving a person
914	914	involved in the collision [accident] is pending if the report is
915	915	subpoenaed; or
916	916	(4) any person directly concerned in the collision
917	917	[accident] or having a proper interest therein, including:
918	918	(A) any person involved in the collision
919	919	[accident];
920	920	(B) the authorized representative of any person
921	921	involved in the collision [accident];
922	922	(C) a driver involved in the collision
923	923	[accident];
924	924	(D) an employer, parent, or legal guardian of a
925	925	driver involved in the collision [accident];
926	926	(E) the owner of a vehicle or property damaged in
927	927	the collision [accident];
928	928	(F) a person who has established financial
929	929	responsibility for a vehicle involved in the collision [accident]
930	930	in a manner described by Section 601.051, including a policyholder
931	931	of a motor vehicle liability insurance policy covering the vehicle;
932	932	(G) an insurance company that issued an insurance
933	933	policy covering a vehicle involved in the collision [accident];
934	934	(H) an insurance company that issued a policy
935	935	covering any person involved in the collision [accident];
936	936	(I) a person under contract to provide claims or
937	937	underwriting information to a person described by Paragraph (F),
938	938	(G), or (H);
939	939	(J) a radio or television station that holds a
940	940	license issued by the Federal Communications Commission;
941	941	(K) a newspaper that is:
942	942	(i) a free newspaper of general circulation
943	943	or qualified under Section 2051.044, Government Code, to publish
944	944	legal notices;
945	945	(ii) published at least once a week; and
946	946	(iii) available and of interest to the
947	947	general public in connection with the dissemination of news; or
948	948	(L) any person who may sue because of death
949	949	resulting from the collision [accident].
950	950	(c-1) On receiving information to which this section
951	951	applies, the department or the governmental entity that receives
952	952	the information shall create a redacted collision [accident] report
953	953	that may be requested by any person. The redacted collision
954	954	[accident] report may not include the items of information
955	955	described by Subsection (f)(2). A report released under this
956	956	subsection is not considered personal information under Section
957	957	730.003.
958	958	(d) The fee for a copy of the collision [accident] report is
959	959	$6. The copy may be certified by the department or the
960	960	governmental entity for an additional fee of $2. The department or
961	961	the governmental entity may issue a certification that no report or
962	962	information is on file for a fee of $6.
963	963	(e) In addition to the information required to be released
964	964	under Subsection (c), the department may release:
965	965	(1) collision [accident] report information compiled
966	966	under Section 201.806; or
967	967	(2) a vehicle identification number and specific
968	968	collision [accident] information relating to that vehicle.
969	969	(f) The department when releasing information under
970	970	Subsection (c-1) or (e):
971	971	(1) may not release personal information, as defined
972	972	by Section 730.003; and
973	973	(2) shall withhold or redact the following items:
974	974	(A) the first, middle, and last name of any
975	975	person listed in a collision [an accident] report, including a
976	976	vehicle driver, occupant, owner, or lessee, a bicyclist, a
977	977	pedestrian, or a property owner;
978	978	(B) the number of any driver's license,
979	979	commercial driver's license, or personal identification
980	980	certificate issued to any person listed in a collision [an
981	981	accident] report;
982	982	(C) the date of birth, other than the year, of any
983	983	person listed in a collision [an accident] report;
984	984	(D) the address, other than zip code, and
985	985	telephone number of any person listed in a collision [an accident]
986	986	report;
987	987	(E) the license plate number of any vehicle
988	988	listed in a collision [an accident] report;
989	989	(F) the name of any insurance company listed as a
990	990	provider of financial responsibility for a vehicle listed in a
991	991	collision [an accident] report;
992	992	(G) the number of any insurance policy issued by
993	993	an insurance company listed as a provider of financial
994	994	responsibility;
995	995	(H) the date the peace officer who investigated
996	996	the collision [accident] was notified of the collision [accident];
997	997	(I) the date the investigating peace officer
998	998	arrived at the collision [accident] site;
999	999	(J) the badge number or identification number of
1000	1000	the investigating officer;
1001	1001	(K) the date on which any person who died as a
1002	1002	result of the collision [accident] died;
1003	1003	(L) the date of any commercial motor vehicle
1004	1004	report; and
1005	1005	(M) the place where any person injured or killed
1006	1006	in a collision [an accident] was taken and the person or entity that
1007	1007	provided the transportation.
1008	1008	(g) The amount that may be charged for information provided
1009	1009	under Subsection (e) shall be calculated in the manner specified by
1010	1010	Chapter 552, Government Code, for public information provided by a
1011	1011	governmental body under that chapter.
1012	1012	SECTION 58. Section 550.066, Transportation Code, is
1013	1013	amended to read as follows:
1014	1014	Sec. 550.066. ADMISSIBILITY OF CERTAIN COLLISION
1015	1015	[ACCIDENT] REPORT INFORMATION. An individual's response to the
1016	1016	information requested on a collision [an accident] report form as
1017	1017	provided by Section 550.064(b)(4) is not admissible evidence in a
1018	1018	civil trial.
1019	1019	SECTION 59. Section 550.067, Transportation Code, is
1020	1020	amended to read as follows:
1021	1021	Sec. 550.067. MUNICIPAL AUTHORITY TO REQUIRE COLLISION
1022	1022	[ACCIDENT] REPORTS. (a) A municipality by ordinance may require
1023	1023	the operator of a vehicle involved in a collision [an accident] to
1024	1024	file with a designated municipal department:
1025	1025	(1) a report of the collision [accident], if the
1026	1026	collision [accident] results in injury to or the death of a person
1027	1027	or the apparent total property damage is $25 or more; or
1028	1028	(2) a copy of a report required by this chapter to be
1029	1029	filed with the department.
1030	1030	(b) A report filed under Subsection (a) is for the
1031	1031	confidential use of the municipal department and subject to the
1032	1032	provisions of Section 550.065.
1033	1033	(c) A municipality by ordinance may require the person in
1034	1034	charge of a garage or repair shop where a motor vehicle is brought
1035	1035	if the vehicle shows evidence of having been involved in a collision
1036	1036	[an accident] described by Section 550.062(a) or shows evidence of
1037	1037	having been struck by a bullet to report to a department of the
1038	1038	municipality within 24 hours after the garage or repair shop
1039	1039	receives the motor vehicle, giving the engine number, registration
1040	1040	number, and the name and address of the owner or operator of the
1041	1041	vehicle.
1042	1042	SECTION 60. Section 550.068, Transportation Code, is
1043	1043	amended to read as follows:
1044	1044	Sec. 550.068. CHANGING COLLISION [ACCIDENT] REPORT.
1045	1045	(a) Except as provided by Subsection (b), a change in or a
1046	1046	modification of a written report of a motor vehicle collision
1047	1047	[accident] prepared by a peace officer that alters a material fact
1048	1048	in the report may be made only by the peace officer who prepared the
1049	1049	report.
1050	1050	(b) A change in or a modification of the written report of
1051	1051	the collision [accident] may be made by a person other than the
1052	1052	peace officer if:
1053	1053	(1) the change is made by a written supplement to the
1054	1054	report; and
1055	1055	(2) the written supplement clearly indicates the name
1056	1056	of the person who originated the change.
1057	1057	SECTION 61. Sections 550.081(b) and (c), Transportation
1058	1058	Code, are amended to read as follows:
1059	1059	(b) A medical examiner or justice of the peace acting as
1060	1060	coroner in a county that does not have a medical examiner's office
1061	1061	or that is not part of a medical examiner's district shall submit a
1062	1062	report in writing to the department of the death of a person that
1063	1063	was the result of a traffic collision [accident] or bridge
1064	1064	collapse:
1065	1065	(1) to which this chapter applies; and
1066	1066	(2) that occurred within the jurisdiction of the
1067	1067	medical examiner or justice of the peace in the preceding calendar
1068	1068	quarter.
1069	1069	(c) The report must be submitted before the 11th day of each
1070	1070	calendar month and include:
1071	1071	(1) the name of the deceased and a statement as to
1072	1072	whether the deceased was:
1073	1073	(A) the operator of or a passenger in a vehicle
1074	1074	[involved in the accident]; or
1075	1075	(B) a pedestrian or other nonoccupant of a
1076	1076	vehicle;
1077	1077	(2) the date of the collision [accident] and the name
1078	1078	of the county in which the collision [accident] occurred, and, if a
1079	1079	bridge collapse, the location of the bridge in that county;
1080	1080	(3) the name of any laboratory, medical examiner's
1081	1081	office, or other facility that conducted toxicological testing
1082	1082	relative to the deceased; and
1083	1083	(4) the results of any toxicological testing that was
1084	1084	conducted.
1085	1085	SECTION 62. Section 601.002(3), Transportation Code, is
1086	1086	amended to read as follows:
1087	1087	(3) "Financial responsibility" means the ability to
1088	1088	respond in damages for liability for a collision [an accident]
1089	1089	that:
1090	1090	(A) occurs after the effective date of the
1091	1091	document evidencing the establishment of the financial
1092	1092	responsibility; and
1093	1093	(B) arises out of the ownership, maintenance, or
1094	1094	use of a motor vehicle.
1095	1095	SECTION 63. Section 601.003(b), Transportation Code, is
1096	1096	amended to read as follows:
1097	1097	(b) For purposes of this chapter, a judgment is considered
1098	1098	to be satisfied as to the appropriate part of the judgment set out
1099	1099	by this subsection if:
1100	1100	(1) the total amount credited on one or more judgments
1101	1101	for bodily injury to or death of one person resulting from one
1102	1102	collision [accident] equals or exceeds the amount required under
1103	1103	Section 601.072(a-1)(1) [601.072(a)(1)] to establish financial
1104	1104	responsibility;
1105	1105	(2) the total amount credited on one or more judgments
1106	1106	for bodily injury to or death of two or more persons resulting from
1107	1107	one collision [accident] equals or exceeds the amount required
1108	1108	under Section 601.072(a-1)(2) [601.072(a)(2)] to establish
1109	1109	financial responsibility; or
1110	1110	(3) the total amount credited on one or more judgments
1111	1111	for damage to or destruction of property of another resulting from
1112	1112	one collision [accident] equals or exceeds the amount required
1113	1113	under Section 601.072(a-1)(3) [601.072(a)(3)] to establish
1114	1114	financial responsibility.
1115	1115	SECTION 64. Section 601.006, Transportation Code, is
1116	1116	amended to read as follows:
1117	1117	Sec. 601.006. APPLICABILITY TO CERTAIN OWNERS AND
1118	1118	OPERATORS. If an owner or operator of a motor vehicle involved in a
1119	1119	collision [an accident] in this state does not have a driver's
1120	1120	license or vehicle registration or is a nonresident, the person may
1121	1121	not be issued a driver's license or registration until the person
1122	1122	has complied with this chapter to the same extent that would be
1123	1123	necessary if, at the time of the collision [accident], the person
1124	1124	had a driver's license or registration.
1125	1125	SECTION 65. Sections 601.009(b) and (c), Transportation
1126	1126	Code, are amended to read as follows:
1127	1127	(b) Except as provided by Subsection (c), the department
1128	1128	shall suspend the resident's driver's license and vehicle
1129	1129	registrations if the evidence shows that the resident's operating
1130	1130	privilege was suspended in the other state or the province for
1131	1131	violation of a financial responsibility law under circumstances
1132	1132	that would require the department to suspend a nonresident's
1133	1133	operating privilege had the collision [accident] occurred in this
1134	1134	state.
1135	1135	(c) The department may not suspend the resident's driver's
1136	1136	license and registration if the alleged failure to comply is based
1137	1137	on the failure of the resident's insurance company or surety
1138	1138	company to:
1139	1139	(1) obtain authorization to write motor vehicle
1140	1140	liability insurance in the other state or the province; or
1141	1141	(2) execute a power of attorney directing the
1142	1142	appropriate official in the other state or the province to accept on
1143	1143	the company's behalf service of notice or process in an action under
1144	1144	the policy arising out of a collision [an accident].
1145	1145	SECTION 66. Section 601.053(a), Transportation Code, is
1146	1146	amended to read as follows:
1147	1147	(a) As a condition of operating in this state a motor
1148	1148	vehicle to which Section 601.051 applies, the operator of the
1149	1149	vehicle on request shall provide to a peace officer, as defined by
1150	1150	Article 2.12, Code of Criminal Procedure, or a person involved in a
1151	1151	collision [an accident] with the operator evidence of financial
1152	1152	responsibility by exhibiting:
1153	1153	(1) a motor vehicle liability insurance policy
1154	1154	covering the vehicle that satisfies Subchapter D or a photocopy of
1155	1155	the policy;
1156	1156	(2) a standard proof of motor vehicle liability
1157	1157	insurance form prescribed by the Texas Department of Insurance
1158	1158	under Section 601.081 and issued by a liability insurer for the
1159	1159	motor vehicle;
1160	1160	(2-a) an image displayed on a wireless communication
1161	1161	device that includes the information required by Section 601.081 as
1162	1162	provided by a liability insurer;
1163	1163	(3) an insurance binder that confirms the operator is
1164	1164	in compliance with this chapter;
1165	1165	(4) a surety bond certificate issued under Section
1166	1166	601.121;
1167	1167	(5) a certificate of a deposit with the comptroller
1168	1168	covering the vehicle issued under Section 601.122;
1169	1169	(6) a copy of a certificate of a deposit with the
1170	1170	appropriate county judge covering the vehicle issued under Section
1171	1171	601.123; or
1172	1172	(7) a certificate of self-insurance covering the
1173	1173	vehicle issued under Section 601.124 or a photocopy of the
1174	1174	certificate.
1175	1175	SECTION 67. Section 601.056(e), Transportation Code, is
1176	1176	amended to read as follows:
1177	1177	(e) The department may not act under Subsection (a)(1) or
1178	1178	(2) if:
1179	1179	(1) an action for damages on a liability covered by the
1180	1180	evidence of financial responsibility is pending;
1181	1181	(2) a judgment for damages on a liability covered by
1182	1182	the evidence of financial responsibility is not satisfied; or
1183	1183	(3) the person for whom the bond has been filed or for
1184	1184	whom money or securities have been deposited has, within the two
1185	1185	years preceding the request for cancellation or return of the
1186	1186	evidence of financial responsibility, been involved as an operator
1187	1187	or owner in a motor vehicle collision [accident] resulting in
1188	1188	bodily injury to, or property damage to the property of, another
1189	1189	person.
1190	1190	SECTION 68. Sections 601.072(a-1) and (b), Transportation
1191	1191	Code, are amended to read as follows:
1192	1192	(a-1) Effective January 1, 2011, the minimum amounts of
1193	1193	motor vehicle liability insurance coverage required to establish
1194	1194	financial responsibility under this chapter are:
1195	1195	(1) $30,000 for bodily injury to or death of one person
1196	1196	in one collision [accident];
1197	1197	(2) $60,000 for bodily injury to or death of two or
1198	1198	more persons in one collision [accident], subject to the amount
1199	1199	provided by Subdivision (1) for bodily injury to or death of one of
1200	1200	the persons; and
1201	1201	(3) $25,000 for damage to or destruction of property
1202	1202	of others in one collision [accident].
1203	1203	(b) The coverage required under this section may exclude,
1204	1204	with respect to one collision [accident]:
1205	1205	(1) the first $250 of liability for bodily injury to or
1206	1206	death of one person;
1207	1207	(2) the first $500 of liability for bodily injury to or
1208	1208	death of two or more persons, subject to the amount provided by
1209	1209	Subdivision (1) for bodily injury to or death of one of the persons;
1210	1210	and
1211	1211	(3) the first $250 of liability for property damage to
1212	1212	or destruction of property of others.
1213	1213	SECTION 69. Section 601.084(c), Transportation Code, is
1214	1214	amended to read as follows:
1215	1215	(c) The department shall accept the certificate of an
1216	1216	insurer not authorized to transact business in this state if the
1217	1217	certificate otherwise complies with this chapter and the insurance
1218	1218	company:
1219	1219	(1) executes a power of attorney authorizing the
1220	1220	department to accept on its behalf service of notice or process in
1221	1221	an action arising out of a motor vehicle collision [accident] in
1222	1222	this state; and
1223	1223	(2) agrees in writing that its policies will be
1224	1224	treated as conforming to the laws of this state relating to the
1225	1225	terms of a motor vehicle liability insurance policy.
1226	1226	SECTION 70. Section 601.086, Transportation Code, is
1227	1227	amended to read as follows:
1228	1228	Sec. 601.086. RESPONSE OF INSURANCE COMPANY IF POLICY NOT
1229	1229	IN EFFECT. An insurance company that is notified by the department
1230	1230	of a collision [an accident] in connection with which an owner or
1231	1231	operator has reported a motor vehicle liability insurance policy
1232	1232	with the company shall advise the department if a policy is not in
1233	1233	effect as reported.
1234	1234	SECTION 71. Section 601.124(c), Transportation Code, is
1235	1235	amended to read as follows:
1236	1236	(c) The self-insurer must supplement the certificate with
1237	1237	an agreement that, for collisions [accidents] occurring while the
1238	1238	certificate is in force, the self-insurer will pay the same
1239	1239	judgments in the same amounts as an insurer would be obligated to
1240	1240	pay under an owner's motor vehicle liability insurance policy
1241	1241	issued to the self-insurer if such policy were issued.
1242	1242	SECTION 72. The heading to Subchapter F, Chapter 601,
1243	1243	Transportation Code, is amended to read as follows:
1244	1244	SUBCHAPTER F. SECURITY FOLLOWING COLLISION [ACCIDENT]
1245	1245	SECTION 73. Section 601.151, Transportation Code, is
1246	1246	amended to read as follows:
1247	1247	Sec. 601.151. APPLICABILITY OF SUBCHAPTER. (a) This
1248	1248	subchapter applies only to a motor vehicle collision [accident] in
1249	1249	this state that results in bodily injury or death or in damage to
1250	1250	the property of one person of at least $1,000.
1251	1251	(b) This subchapter does not apply to:
1252	1252	(1) an owner or operator who has in effect at the time
1253	1253	of the collision [accident] a motor vehicle liability insurance
1254	1254	policy that covers the motor vehicle involved in the collision
1255	1255	[accident];
1256	1256	(2) an operator who is not the owner of the motor
1257	1257	vehicle, if a motor vehicle liability insurance policy or bond for
1258	1258	the operation of a motor vehicle the person does not own is in
1259	1259	effect at the time of the collision [accident];
1260	1260	(3) an owner or operator whose liability for damages
1261	1261	resulting from the collision [accident], in the judgment of the
1262	1262	department, is covered by another liability insurance policy or
1263	1263	bond;
1264	1264	(4) an owner or operator, if there was not bodily
1265	1265	injury to or damage of the property of a person other than the owner
1266	1266	or operator;
1267	1267	(5) the owner or operator of a motor vehicle that at
1268	1268	the time of the collision [accident] was legally parked or legally
1269	1269	stopped at a traffic signal;
1270	1270	(6) the owner of a motor vehicle that at the time of
1271	1271	the collision [accident] was being operated without the owner's
1272	1272	express or implied permission or was parked by a person who had been
1273	1273	operating the vehicle without that permission; or
1274	1274	(7) a person qualifying as a self-insurer under
1275	1275	Section 601.124 or a person operating a motor vehicle for a
1276	1276	self-insurer.
1277	1277	SECTION 74. Section 601.152(a), Transportation Code, is
1278	1278	amended to read as follows:
1279	1279	(a) Subject to Section 601.153, the department shall
1280	1280	suspend the driver's license and vehicle registrations of the owner
1281	1281	and operator of a motor vehicle if:
1282	1282	(1) the vehicle is involved in any manner in a
1283	1283	collision [an accident]; and
1284	1284	(2) the department finds that there is a reasonable
1285	1285	probability that a judgment will be rendered against the person as a
1286	1286	result of the collision [accident].
1287	1287	SECTION 75. Sections 601.154(a), (c), and (d),
1288	1288	Transportation Code, are amended to read as follows:
1289	1289	(a) Subject to Subsection (d), if the department finds that
1290	1290	there is a reasonable probability that a judgment will be rendered
1291	1291	against an owner or operator as a result of a collision [an
1292	1292	accident], the department shall determine the amount of security
1293	1293	sufficient to satisfy any judgment for damages resulting from the
1294	1294	collision [accident] that may be recovered from the owner or
1295	1295	operator.
1296	1296	(c) In determining whether there is a reasonable
1297	1297	probability that a judgment will be rendered against the person as a
1298	1298	result of a collision [an accident] and the amount of security that
1299	1299	is sufficient under Subsection (a), the department may consider:
1300	1300	(1) a report of an investigating officer; and
1301	1301	(2) an affidavit of a person who has knowledge of the
1302	1302	facts.
1303	1303	(d) The department shall make the determination required by
1304	1304	Subsection (a) only if the department has not received, before the
1305	1305	21st day after the date the department receives a report of a motor
1306	1306	vehicle collision [accident], satisfactory evidence that the owner
1307	1307	or operator has:
1308	1308	(1) been released from liability;
1309	1309	(2) been finally adjudicated not to be liable; or
1310	1310	(3) executed an acknowledged written agreement
1311	1311	providing for the payment of an agreed amount in installments for
1312	1312	all claims for injuries or damages resulting from the collision
1313	1313	[accident].
1314	1314	SECTION 76. Section 601.155(b), Transportation Code, is
1315	1315	amended to read as follows:
1316	1316	(b) The notice must state that:
1317	1317	(1) the person's driver's license and vehicle
1318	1318	registration or the person's nonresident's operating privilege will
1319	1319	be suspended unless the person, not later than the 20th day after
1320	1320	the date the notice was personally served or sent, establishes
1321	1321	that:
1322	1322	(A) this subchapter does not apply to the person,
1323	1323	and the person has previously provided this information to the
1324	1324	department; or
1325	1325	(B) there is no reasonable probability that a
1326	1326	judgment will be rendered against the person as a result of the
1327	1327	collision [accident]; and
1328	1328	(2) the person is entitled to a hearing under this
1329	1329	subchapter if a written request for a hearing is delivered or mailed
1330	1330	to the department not later than the 20th day after the date the
1331	1331	notice was personally served or sent.
1332	1332	SECTION 77. Section 601.157(b), Transportation Code, is
1333	1333	amended to read as follows:
1334	1334	(b) The judge at the hearing shall determine:
1335	1335	(1) whether there is a reasonable probability that a
1336	1336	judgment will be rendered against the person requesting the hearing
1337	1337	as a result of the collision [accident]; and
1338	1338	(2) if there is a reasonable probability that a
1339	1339	judgment will be rendered, the amount of security sufficient to
1340	1340	satisfy any judgment for damages resulting from the collision
1341	1341	[accident].
1342	1342	SECTION 78. Section 601.158(a), Transportation Code, is
1343	1343	amended to read as follows:
1344	1344	(a) If, after a hearing under this subchapter, the judge
1345	1345	determines that there is a reasonable probability that a judgment
1346	1346	will be rendered against the person requesting the hearing as a
1347	1347	result of the collision [accident], the person may appeal the
1348	1348	determination.
1349	1349	SECTION 79. Section 601.162(a), Transportation Code, is
1350	1350	amended to read as follows:
1351	1351	(a) The suspension of a driver's license, vehicle
1352	1352	registration, or nonresident's operating privilege under this
1353	1353	subchapter remains in effect, the license, registration, or
1354	1354	privilege may not be renewed, and a license or vehicle registration
1355	1355	may not be issued to the holder of the suspended license,
1356	1356	registration, or privilege, until:
1357	1357	(1) the date the person, or a person acting on the
1358	1358	person's behalf, deposits security and files evidence of financial
1359	1359	responsibility under Section 601.153;
1360	1360	(2) the second anniversary of the date of the
1361	1361	collision [accident], if evidence satisfactory to the department is
1362	1362	filed with the department that, during the two-year period, an
1363	1363	action for damages arising out of the collision [accident] has not
1364	1364	been instituted; or
1365	1365	(3) the date evidence satisfactory to the department
1366	1366	is filed with the department of:
1367	1367	(A) a release from liability for claims arising
1368	1368	out of the collision [accident];
1369	1369	(B) a final adjudication that the person is not
1370	1370	liable for claims arising out of the collision [accident]; or
1371	1371	(C) an installment agreement described by
1372	1372	Section 601.154(d)(3).
1373	1373	SECTION 80. Section 601.163(b), Transportation Code, is
1374	1374	amended to read as follows:
1375	1375	(b) A person depositing security shall specify in writing
1376	1376	the person on whose behalf the deposit is made. A single deposit of
1377	1377	security is applicable only on behalf of persons required to
1378	1378	provide security because of the same collision [accident] and the
1379	1379	same motor vehicle.
1380	1380	SECTION 81. Section 601.164(a), Transportation Code, is
1381	1381	amended to read as follows:
1382	1382	(a) The department may reduce the amount of security ordered
1383	1383	in a case within six months after the date of the collision
1384	1384	[accident] if, in the department's judgment, the amount is
1385	1385	excessive.
1386	1386	SECTION 82. Section 601.166, Transportation Code, is
1387	1387	amended to read as follows:
1388	1388	Sec. 601.166. PAYMENT OF CASH SECURITY. (a) Cash security
1389	1389	may be applied only to the payment of:
1390	1390	(1) a judgment rendered against the person on whose
1391	1391	behalf the deposit is made for damages arising out of the collision
1392	1392	[accident]; or
1393	1393	(2) a settlement, agreed to by the depositor, of a
1394	1394	claim arising out of the collision [accident].
1395	1395	(b) For payment under Subsection (a), the action under which
1396	1396	the judgment was rendered must have been instituted before the
1397	1397	second anniversary of the later of:
1398	1398	(1) the date of the collision [accident]; or
1399	1399	(2) the date of the deposit, in the case of a deposit
1400	1400	of security under Section 601.162(b).
1401	1401	SECTION 83. Section 601.167, Transportation Code, is
1402	1402	amended to read as follows:
1403	1403	Sec. 601.167. RETURN OF CASH SECURITY. Cash security or any
1404	1404	balance of the security shall be returned to the depositor or the
1405	1405	depositor's personal representative when:
1406	1406	(1) evidence satisfactory to the department is filed
1407	1407	with the department that there has been:
1408	1408	(A) a release of liability;
1409	1409	(B) a final adjudication that the person on whose
1410	1410	behalf the deposit is made is not liable; or
1411	1411	(C) an agreement as described by Section
1412	1412	601.154(d)(3);
1413	1413	(2) reasonable evidence is provided to the department
1414	1414	after the second anniversary of the date of the collision
1415	1415	[accident] that no action arising out of the collision [accident]
1416	1416	is pending and no judgment rendered in such an action is unpaid; or
1417	1417	(3) in the case of a deposit of security under Section
1418	1418	601.162(b), reasonable evidence is provided to the department after
1419	1419	the second anniversary of the date of the deposit that no action
1420	1420	arising out of the collision [accident] is pending and no unpaid
1421	1421	judgment rendered in such an action is unpaid.
1422	1422	SECTION 84. Section 601.168(b), Transportation Code, is
1423	1423	amended to read as follows:
1424	1424	(b) A bond or motor vehicle liability insurance policy
1425	1425	issued by a surety company or insurance company that is not
1426	1426	authorized to do business in this state is effective under this
1427	1427	subchapter only if:
1428	1428	(1) the bond or policy is issued for a motor vehicle
1429	1429	that:
1430	1430	(A) is not registered in this state; or
1431	1431	(B) was not registered in this state on the
1432	1432	effective date of the most recent renewal of the policy; and
1433	1433	(2) the surety company or insurance company executes a
1434	1434	power of attorney authorizing the department to accept on the
1435	1435	company's behalf service of notice or process in an action arising
1436	1436	out of the collision [accident] on the bond or policy.
1437	1437	SECTION 85. Section 601.169, Transportation Code, is
1438	1438	amended to read as follows:
1439	1439	Sec. 601.169. REASONABLE PROBABILITY NOT ADMISSIBLE IN
1440	1440	CIVIL SUIT. A determination under Section 601.154 or 601.157 that
1441	1441	there is a reasonable probability that a judgment will be rendered
1442	1442	against a person as a result of a collision [an accident] may not be
1443	1443	introduced in evidence in a suit for damages arising from that
1444	1444	collision [accident].
1445	1445	SECTION 86. Section 601.291, Transportation Code, is
1446	1446	amended to read as follows:
1447	1447	Sec. 601.291. APPLICABILITY OF SUBCHAPTER. This subchapter
1448	1448	applies only to the owner or operator of a motor vehicle that:
1449	1449	(1) is not registered in this state; and
1450	1450	(2) is involved in a motor vehicle collision
1451	1451	[accident] in this state that results in bodily injury, death, or
1452	1452	damage to the property of one person to an apparent extent of at
1453	1453	least $500.
1454	1454	SECTION 87. Section 601.292, Transportation Code, is
1455	1455	amended to read as follows:
1456	1456	Sec. 601.292. DUTY TO PROVIDE EVIDENCE OF FINANCIAL
1457	1457	RESPONSIBILITY TO INVESTIGATING OFFICER. A person to whom this
1458	1458	subchapter applies shall provide evidence of financial
1459	1459	responsibility to a law enforcement officer of this state or a
1460	1460	political subdivision of this state who is conducting an
1461	1461	investigation of the collision [accident].
1462	1462	SECTION 88. Sections 601.293(b), (c), and (d),
1463	1463	Transportation Code, are amended to read as follows:
1464	1464	(b) The magistrate shall conduct an inquiry on the issues of
1465	1465	negligence and liability for bodily injury, death, or property
1466	1466	damage sustained in the collision [accident].
1467	1467	(c) If the magistrate determines that there is a reasonable
1468	1468	possibility that a judgment will be rendered against the person for
1469	1469	bodily injury, death, or property damage sustained in the collision
1470	1470	[accident], the magistrate shall order the person to provide:
1471	1471	(1) evidence of financial responsibility for the
1472	1472	bodily injury, death, or property damage; or
1473	1473	(2) evidence that the person is exempt from the
1474	1474	requirement of Section 601.051.
1475	1475	(d) A determination of negligence or liability under
1476	1476	Subsection (c) does not act as collateral estoppel on an issue in a
1477	1477	criminal or civil adjudication arising from the collision
1478	1478	[accident].
1479	1479	SECTION 89. Section 601.294, Transportation Code, is
1480	1480	amended to read as follows:
1481	1481	Sec. 601.294. IMPOUNDMENT OF MOTOR VEHICLE. If a person to
1482	1482	whom this subchapter applies does not provide evidence required
1483	1483	under Section 601.293(c), the magistrate shall enter an order
1484	1484	directing the sheriff of the county or the chief of police of the
1485	1485	municipality to impound the motor vehicle owned or operated by the
1486	1486	person that was involved in the collision [accident].
1487	1487	SECTION 90. Section 601.296(a), Transportation Code, is
1488	1488	amended to read as follows:
1489	1489	(a) The department shall issue a certificate of release of
1490	1490	an impounded motor vehicle to the owner, operator, or person
1491	1491	authorized by the owner on submission to the department of:
1492	1492	(1) evidence of financial responsibility under
1493	1493	Section 601.053 that shows that at the time of the collision
1494	1494	[accident] the vehicle was in compliance with Section 601.051 or
1495	1495	was exempt from the requirement of Section 601.051;
1496	1496	(2) a release executed by each person damaged in the
1497	1497	collision [accident] other than the operator of the vehicle for
1498	1498	which the certificate of release is requested; or
1499	1499	(3) security in a form and amount determined by the
1500	1500	department to secure the payment of damages for which the operator
1501	1501	may be liable.
1502	1502	SECTION 91. Section 601.333, Transportation Code, is
1503	1503	amended to read as follows:
1504	1504	Sec. 601.333. RELIEF FROM SUSPENSION: MOTOR VEHICLE
1505	1505	LIABILITY INSURANCE. (a) A person whose driver's license, vehicle
1506	1506	registrations, or nonresident's operating privilege has been
1507	1507	suspended or is subject to suspension under Section 601.332 may
1508	1508	file with the department:
1509	1509	(1) evidence that there was a motor vehicle liability
1510	1510	insurance policy covering the motor vehicle involved in the
1511	1511	collision [accident] out of which the judgment arose in effect at
1512	1512	the time of the collision [accident];
1513	1513	(2) an affidavit stating that the person was insured
1514	1514	at the time of the collision [accident], that the insurance company
1515	1515	is liable to pay the judgment, and the reason, if known, that the
1516	1516	insurance company has not paid the judgment;
1517	1517	(3) the original policy of insurance or a certified
1518	1518	copy of the policy, if available; and
1519	1519	(4) any other documents required by the department to
1520	1520	show that the loss, injury, or damage for which the judgment was
1521	1521	rendered was covered by the insurance.
1522	1522	(b) The department may not suspend the driver's license,
1523	1523	vehicle registrations, or nonresident's operating privilege, and
1524	1524	shall reinstate a license, registration, or privilege that has been
1525	1525	suspended, if it is satisfied from the documents filed under
1526	1526	Subsection (a) that:
1527	1527	(1) there was a motor vehicle liability insurance
1528	1528	policy in effect for the vehicle at the time of the collision
1529	1529	[accident];
1530	1530	(2) the insurance company that issued the policy was
1531	1531	authorized to issue the policy in this state at the time the policy
1532	1532	was issued; and
1533	1533	(3) the insurance company is liable to pay the
1534	1534	judgment to the extent and for the amounts required by this chapter.
1535	1535	SECTION 92. Section 622.954(a), Transportation Code, is
1536	1536	amended to read as follows:
1537	1537	(a) A permit is not required to exceed the weight
1538	1538	limitations of Section 621.101 by a combination of a tow truck and
1539	1539	another vehicle or vehicle combination if:
1540	1540	(1) the nature of the service provided by the tow truck
1541	1541	is needed to remove disabled, abandoned, or collision-damaged
1542	1542	[accident-damaged] vehicles; and
1543	1543	(2) the tow truck is towing the other vehicle or
1544	1544	vehicle combination directly to the nearest authorized place of
1545	1545	repair, terminal, or vehicle storage facility.
1546	1546	SECTION 93. Section 623.0172(l), Transportation Code, is
1547	1547	amended to read as follows:
1548	1548	(l) Beginning in 2022, not later than September 1 of each
1549	1549	even-numbered year, the Texas Department of Transportation shall
1550	1550	conduct a study concerning vehicles operating under a permit issued
1551	1551	under this section and publish the results of the study. In
1552	1552	conducting the study, the Texas Department of Transportation shall
1553	1553	collect and examine the following information:
1554	1554	(1) the weight and configuration of vehicles operating
1555	1555	under a permit under this section that are involved in a motor
1556	1556	vehicle collision [accident];
1557	1557	(2) the types of vehicles operating under a permit
1558	1558	issued under this section;
1559	1559	(3) traffic volumes and variations of vehicles
1560	1560	operating under a permit issued under this section;
1561	1561	(4) weigh-in-motion data for highways located in and
1562	1562	around the area described by Subsection (c);
1563	1563	(5) impacts to state and local bridges, including
1564	1564	long-term bridge performance, for bridges located in and around the
1565	1565	area described by Subsection (c); and
1566	1566	(6) impacts to state and local roads, including
1567	1567	changes in pavement design standards, construction specification
1568	1568	details, maintenance frequency and types, and properties of
1569	1569	pavement and underlying soils resulting from or necessitated by
1570	1570	vehicles operating under a permit issued under this section.
1571	1571	SECTION 94. Section 623.410, Transportation Code, is
1572	1572	amended to read as follows:
1573	1573	Sec. 623.410. STUDY. Beginning in 2022, not later than
1574	1574	September 1 of each even-numbered year, the Texas Department of
1575	1575	Transportation shall conduct a study concerning vehicles operating
1576	1576	under a permit issued under this subchapter and publish the results
1577	1577	of the study. In conducting the study, the Texas Department of
1578	1578	Transportation shall collect and examine the following
1579	1579	information:
1580	1580	(1) the weight and configuration of vehicles operating
1581	1581	under a permit issued under this subchapter that are involved in a
1582	1582	motor vehicle collision [accident];
1583	1583	(2) the types of vehicles operating under a permit
1584	1584	issued under this subchapter;
1585	1585	(3) traffic volumes and variations of vehicles
1586	1586	operating under a permit issued under this subchapter;
1587	1587	(4) weigh-in-motion data for highways and roads
1588	1588	located in and around the area described by Section 623.405(b);
1589	1589	(5) impacts to state and local bridges, including
1590	1590	long-term bridge performance, for bridges located in and around the
1591	1591	area described by Section 623.405(b); and
1592	1592	(6) impacts to state and local roads, including
1593	1593	changes in pavement design standards, construction specification
1594	1594	details, maintenance frequency and types, and properties of
1595	1595	pavement and underlying soils resulting from or necessitated by
1596	1596	vehicles operating under a permit issued under this subchapter.
1597	1597	SECTION 95. Section 643.105, Transportation Code, is
1598	1598	amended to read as follows:
1599	1599	Sec. 643.105. INSOLVENCY OF INSURER. If an insurer for a
1600	1600	motor carrier becomes insolvent, is placed in receivership, or has
1601	1601	its certificate of authority suspended or revoked and if the
1602	1602	carrier no longer has insurance coverage as required by this
1603	1603	subchapter, the carrier shall file with the department, not later
1604	1604	than the 10th day after the date the coverage lapses:
1605	1605	(1) evidence of insurance as required by Section
1606	1606	643.103; and
1607	1607	(2) an affidavit that:
1608	1608	(A) indicates that a collision [an accident] from
1609	1609	which the carrier may incur liability did not occur while the
1610	1610	coverage was not in effect; or
1611	1611	(B) contains a plan acceptable to the department
1612	1612	indicating how the carrier will satisfy claims of liability against
1613	1613	the carrier for a collision [an accident] that occurred while the
1614	1614	coverage was not in effect.
1615	1615	SECTION 96. Section 644.151(b-1), Transportation Code, is
1616	1616	amended to read as follows:
1617	1617	(b-1) An offense under Subsection (a)(3) is a Class A
1618	1618	misdemeanor, except that the offense is:
1619	1619	(1) a state jail felony if it is shown on the trial of
1620	1620	the offense that at the time of the offense the commercial motor
1621	1621	vehicle was involved in a motor vehicle collision [accident] that
1622	1622	resulted in bodily injury; or
1623	1623	(2) a felony of the second degree if it is shown on the
1624	1624	trial of the offense that at the time of the offense the commercial
1625	1625	motor vehicle was involved in a motor vehicle collision [accident]
1626	1626	that resulted in the death of a person.
1627	1627	SECTION 97. Sections 661.003(c) and (i), Transportation
1628	1628	Code, are amended to read as follows:
1629	1629	(c) It is an exception to the application of Subsection (a)
1630	1630	or (b) that at the time the offense was committed, the person
1631	1631	required to wear protective headgear was at least 21 years old and
1632	1632	had successfully completed a motorcycle operator training and
1633	1633	safety course under Chapter 662 or was covered by a health insurance
1634	1634	plan providing the person with medical benefits for injuries
1635	1635	incurred as a result of a collision [an accident] while operating or
1636	1636	riding on a motorcycle. A peace officer may not arrest a person or
1637	1637	issue a citation to a person for a violation of Subsection (a) or
1638	1638	(b) if the person required to wear protective headgear is at least
1639	1639	21 years of age and presents evidence sufficient to show that the
1640	1640	person required to wear protective headgear has successfully
1641	1641	completed a motorcycle operator training and safety course or is
1642	1642	covered by a health insurance plan as described by this subsection.
1643	1643	(i) In this section, "health insurance plan" means an
1644	1644	individual, group, blanket, or franchise insurance policy,
1645	1645	insurance agreement, evidence of coverage, group hospital services
1646	1646	contract, health maintenance organization membership, or employee
1647	1647	benefit plan that provides benefits for health care services or for
1648	1648	medical or surgical expenses incurred as a result of a collision [an
1649	1649	accident].
1650	1650	SECTION 98. Section 686.001(1), Transportation Code, is
1651	1651	amended to read as follows:
1652	1652	(1) "Financial responsibility" means the ability to
1653	1653	respond in damages for liability for a collision [an accident]
1654	1654	that:
1655	1655	(A) occurs after the effective date of the
1656	1656	document evidencing the establishment of the financial
1657	1657	responsibility; and
1658	1658	(B) arises out of the operation of a motor
1659	1659	vehicle by an employee of a valet parking service.
1660	1660	SECTION 99. Section 686.004(a), Transportation Code, is
1661	1661	amended to read as follows:
1662	1662	(a) The minimum amounts of motor vehicle liability
1663	1663	insurance coverage required to establish financial responsibility
1664	1664	under this chapter are:
1665	1665	(1) $100,000 for bodily injury to or death of one
1666	1666	person in one collision [accident];
1667	1667	(2) $300,000 for bodily injury to or death of two or
1668	1668	more persons in one collision [accident], subject to the amount
1669	1669	provided by Subdivision (1) for bodily injury to or death of one of
1670	1670	the persons; and
1671	1671	(3) $50,000 for damage to or destruction of property
1672	1672	of others in one collision [accident].
1673	1673	SECTION 100. Section 686.005, Transportation Code, is
1674	1674	amended to read as follows:
1675	1675	Sec. 686.005. COMMON LAW DEFENSES. In an action against an
1676	1676	owner or operator of a valet parking service that has not
1677	1677	established financial responsibility as required by this chapter to
1678	1678	recover damages for personal injuries, death, or property damage
1679	1679	sustained in a motor vehicle collision [accident] arising out of
1680	1680	the operation of a valet parking service, it is not a defense that
1681	1681	the party who brings the action:
1682	1682	(1) was guilty of contributory negligence; or
1683	1683	(2) assumed the risk of injury, death, or property
1684	1684	damage.
1685	1685	SECTION 101. Section 709.002(e), Transportation Code, is
1686	1686	amended to read as follows:
1687	1687	(e) Of the money received by the comptroller under this
1688	1688	section, the comptroller shall deposit:
1689	1689	(1) 80 percent to the credit of the undedicated
1690	1690	portion of the general revenue fund, to be used only for criminal
1691	1691	justice purposes; and
1692	1692	(2) 20 percent to the credit of the designated trauma
1693	1693	facility and emergency medical services account under Section
1694	1694	780.003, Health and Safety Code, to be used only for the criminal
1695	1695	justice purpose of funding designated trauma facilities, county and
1696	1696	regional emergency medical services, and trauma care systems that
1697	1697	provide trauma care and emergency medical services to victims of
1698	1698	collisions [accidents] resulting from traffic offenses.
1699	1699	SECTION 102. Section 723.011(a), Transportation Code, is
1700	1700	amended to read as follows:
1701	1701	(a) The governor shall:
1702	1702	(1) prepare and administer a statewide traffic safety
1703	1703	program designed to reduce traffic collisions [accidents] and the
1704	1704	death, injury, and property damage that result from traffic
1705	1705	collisions [accidents];
1706	1706	(2) adopt rules for the administration of this
1707	1707	chapter, including rules, procedures, and policy statements
1708	1708	governing grants-in-aid and contractual relations;
1709	1709	(3) receive on the state's behalf for the
1710	1710	implementation of this chapter money made available by the United
1711	1711	States under federal law; and
1712	1712	(4) allocate money appropriated by the legislature in
1713	1713	the General Appropriations Act to implement this chapter.
1714	1714	SECTION 103. Section 723.012, Transportation Code, is
1715	1715	amended to read as follows:
1716	1716	Sec. 723.012. TRAFFIC SAFETY PROGRAM. The statewide
1717	1717	traffic safety program must include:
1718	1718	(1) a driver education and training program
1719	1719	administered by the governor through appropriate agencies that
1720	1720	complies with Section 723.013;
1721	1721	(2) plans for improving:
1722	1722	(A) driver licensing;
1723	1723	(B) collision [accident] records;
1724	1724	(C) vehicle inspection, registration, and
1725	1725	titling;
1726	1726	(D) traffic engineering;
1727	1727	(E) personnel;
1728	1728	(F) police traffic supervision;
1729	1729	(G) traffic courts;
1730	1730	(H) highway design; and
1731	1731	(I) uniform traffic laws; and
1732	1732	(3) plans for local traffic safety programs by legal
1733	1733	and political subdivisions of this state that may be implemented if
1734	1734	the programs:
1735	1735	(A) are approved by the governor; and
1736	1736	(B) conform with uniform standards adopted under
1737	1737	the Highway Safety Act of 1966 (23 U.S.C. Sec. 401 et seq.).
1738	1738	SECTION 104. Section 723.013(a), Transportation Code, is
1739	1739	amended to read as follows:
1740	1740	(a) The statewide driver education and training program
1741	1741	required by Section 723.012 shall provide for:
1742	1742	(1) rules that permit controlled innovation and
1743	1743	experimentation and that set minimum standards for:
1744	1744	(A) classroom instruction;
1745	1745	(B) driving skills training;
1746	1746	(C) instructor qualifications;
1747	1747	(D) program content; and
1748	1748	(E) supplementary materials and equipment;
1749	1749	(2) a method for continuing evaluation of approved
1750	1750	driver education and training programs to identify the practices
1751	1751	most effective in preventing traffic collisions [accidents]; and
1752	1752	(3) contracts between the governing bodies of
1753	1753	centrally located independent school districts or other
1754	1754	appropriate public or private agencies and the state to provide
1755	1755	approved driver education and training programs.
1756	1756	SECTION 105. Sections 724.012(a-1) and (b), Transportation
1757	1757	Code, are amended to read as follows:
1758	1758	(a-1) A peace officer shall require the taking of a specimen
1759	1759	of the person's blood if:
1760	1760	(1) the officer arrests the person for an offense
1761	1761	under Chapter 49, Penal Code, involving the operation of a motor
1762	1762	vehicle or a watercraft;
1763	1763	(2) the person refuses the officer's request to submit
1764	1764	to the taking of a specimen voluntarily;
1765	1765	(3) the person was the operator of a motor vehicle or a
1766	1766	watercraft involved in a collision [an accident] that the officer
1767	1767	reasonably believes occurred as a result of the offense; and
1768	1768	(4) at the time of the arrest, the officer reasonably
1769	1769	believes that as a direct result of the collision [accident] any
1770	1770	individual has died, will die, or has suffered serious bodily
1771	1771	injury.
1772	1772	(b) Subject to Subsection (a-1), a peace officer shall
1773	1773	require the taking of a specimen of the person's breath or blood
1774	1774	under any of the following circumstances if the officer arrests the
1775	1775	person for an offense under Chapter 49, Penal Code, involving the
1776	1776	operation of a motor vehicle or a watercraft and the person refuses
1777	1777	the officer's request to submit to the taking of a specimen
1778	1778	voluntarily:
1779	1779	(1) the person was the operator of a motor vehicle or a
1780	1780	watercraft involved in a collision [an accident] that the officer
1781	1781	reasonably believes occurred as a result of the offense and, at the
1782	1782	time of the arrest, the officer reasonably believes that as a direct
1783	1783	result of the collision [accident] an individual other than the
1784	1784	person has suffered bodily injury and been transported to a
1785	1785	hospital or other medical facility for medical treatment;
1786	1786	(2) the offense for which the officer arrests the
1787	1787	person is an offense under Section 49.045, Penal Code; or
1788	1788	(3) at the time of the arrest, the officer possesses or
1789	1789	receives reliable information from a credible source that the
1790	1790	person:
1791	1791	(A) has been previously convicted of or placed on
1792	1792	community supervision for an offense under Section 49.045, 49.07,
1793	1793	or 49.08, Penal Code, or an offense under the laws of another state
1794	1794	containing elements substantially similar to the elements of an
1795	1795	offense under those sections; or
1796	1796	(B) on two or more occasions, has been previously
1797	1797	convicted of or placed on community supervision for an offense
1798	1798	under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an
1799	1799	offense under the laws of another state containing elements
1800	1800	substantially similar to the elements of an offense under those
1801	1801	sections.
1802	1802	SECTION 106. Section 726.002, Transportation Code, is
1803	1803	amended to read as follows:
1804	1804	Sec. 726.002. TESTING AND INSPECTION OF MOTOR VEHICLES. A
1805	1805	municipality may adopt an ordinance:
1806	1806	(1) requiring each resident of the municipality,
1807	1807	including a corporation having its principal office or place of
1808	1808	business in the municipality, who owns a motor vehicle used for the
1809	1809	transportation of persons or property and each person operating a
1810	1810	motor vehicle on the public thoroughfares of the municipality to
1811	1811	have each motor vehicle owned or operated, as appropriate, tested
1812	1812	and inspected not more than four times in each calendar year;
1813	1813	(2) requiring each motor vehicle involved in a
1814	1814	collision [an accident] to be tested and inspected before it may be
1815	1815	operated on the public thoroughfares of the municipality; or
1816	1816	(3) requiring that a motor vehicle operated on the
1817	1817	public thoroughfares of the municipality be tested, inspected, and
1818	1818	approved by the testing and inspecting authority.
1819	1819	SECTION 107. Sections 730.003(4) and (6), Transportation
1820	1820	Code, are amended to read as follows:
1821	1821	(4) "Motor vehicle record" means a record that
1822	1822	pertains to a motor vehicle operator's or driver's license or
1823	1823	permit, motor vehicle registration, motor vehicle title, or
1824	1824	identification document issued by an agency of this state or a local
1825	1825	agency authorized to issue an identification document. The term
1826	1826	does not include:
1827	1827	(A) a record that pertains to a motor carrier; or
1828	1828	(B) a collision [an accident] report prepared
1829	1829	under:
1830	1830	(i) Chapter 550; or
1831	1831	(ii) former Section 601.004 before
1832	1832	September 1, 2017.
1833	1833	(6) "Personal information" means information that
1834	1834	identifies a person, including an individual's photograph or
1835	1835	computerized image, social security number, date of birth, driver
1836	1836	identification number, name, address, but not the zip code, e-mail
1837	1837	address, telephone number, and medical or disability information.
1838	1838	The term does not include:
1839	1839	(A) information on vehicle collisions
1840	1840	[accidents], driving or equipment-related violations, or driver's
1841	1841	license or registration status; or
1842	1842	(B) information contained in a collision [an
1843	1843	accident] report prepared under:
1844	1844	(i) Chapter 550; or
1845	1845	(ii) former Section 601.004 before
1846	1846	September 1, 2017.
1847	1847	SECTION 108. Section 1006.153(e), Transportation Code, is
1848	1848	amended to read as follows:
1849	1849	(e) Out of each fee collected under Subsection (b) or an
1850	1850	amount collected under Subsection (b-1):
1851	1851	(1) 20 percent shall be appropriated to the authority
1852	1852	for the purposes of this chapter;
1853	1853	(2) 20 percent shall be deposited to the credit of the
1854	1854	general revenue fund, to be used only for criminal justice
1855	1855	purposes; and
1856	1856	(3) 60 percent shall be deposited to the credit of the
1857	1857	designated trauma facility and emergency medical services account
1858	1858	under Section 780.003, Health and Safety Code, to be used only for
1859	1859	the criminal justice purpose of funding designated trauma
1860	1860	facilities, county and regional emergency medical services, and
1861	1861	trauma care systems that provide trauma care and emergency medical
1862	1862	services to victims of collisions [accidents] resulting from
1863	1863	traffic offenses.
1864	1864	SECTION 109. The heading to Chapter 504, Business &
1865	1865	Commerce Code, is amended to read as follows:
1866	1866	CHAPTER 504. PROHIBITED USE OF CRIME VICTIM OR MOTOR VEHICLE
1867	1867	COLLISION [ACCIDENT] INFORMATION
1868	1868	SECTION 110. Section 504.001(2), Business & Commerce Code,
1869	1869	is amended to read as follows:
1870	1870	(2) "Motor vehicle collision [accident] information"
1871	1871	means information that:
1872	1872	(A) is collected or prepared by a law enforcement
1873	1873	agency; and
1874	1874	(B) identifies or serves to identify a person
1875	1875	who, according to a record of the agency, may have been involved in
1876	1876	a motor vehicle collision [accident].
1877	1877	SECTION 111. Section 504.002(a), Business & Commerce Code,
1878	1878	is amended to read as follows:
1879	1879	(a) A person who possesses crime victim or motor vehicle
1880	1880	collision [accident] information that the person obtained or knows
1881	1881	was obtained from a law enforcement agency may not:
1882	1882	(1) use the information to contact directly any of the
1883	1883	following persons for the purpose of soliciting business from the
1884	1884	person:
1885	1885	(A) a crime victim;
1886	1886	(B) a person who was involved in a motor vehicle
1887	1887	collision [accident]; or
1888	1888	(C) a member of the family of a person described
1889	1889	by Paragraph (A) or (B); or
1890	1890	(2) sell the information to another person for
1891	1891	financial gain.
1892	1892	SECTION 112. Section 17.062(a), Civil Practice and Remedies
1893	1893	Code, is amended to read as follows:
1894	1894	(a) The chairman of the Texas Transportation Commission is
1895	1895	an agent for service of process on a person who is a nonresident or
1896	1896	an agent of a nonresident in any suit against the person or agent
1897	1897	that grows out of a collision [or accident] in which the person or
1898	1898	the person's [his] agent is involved while operating a motor
1899	1899	vehicle in this state.
1900	1900	SECTION 113. Section 30.006(e), Civil Practice and Remedies
1901	1901	Code, is amended to read as follows:
1902	1902	(e) This section does not apply to:
1903	1903	(1) a report of a collision [an accident] under
1904	1904	Chapter 550, Transportation Code; and
1905	1905	(2) photographs, field measurements, scene drawings,
1906	1906	and collision [accident] reconstruction done in conjunction with
1907	1907	the investigation of the underlying collision [accident].
1908	1908	SECTION 114. Section 72.001, Civil Practice and Remedies
1909	1909	Code, is amended to read as follows:
1910	1910	Sec. 72.001. LIMITED LIABILITY. A person who is related to
1911	1911	the owner or operator of a motor vehicle within the second degree by
1912	1912	consanguinity or affinity, as determined under Chapter 573,
1913	1913	Government Code, and who is being transported in the motor vehicle
1914	1914	over a public highway of this state as a guest without payment for
1915	1915	the transportation has a cause of action against the owner or
1916	1916	operator of the motor vehicle for injury, death, or loss in a
1917	1917	collision [an accident] only if the collision [accident] was
1918	1918	intentional on the part of the owner or operator or was caused by
1919	1919	the owner's or operator's [his] heedlessness or reckless disregard
1920	1920	of the rights of others.
1921	1921	SECTION 115. Section 72.051, Civil Practice and Remedies
1922	1922	Code, is amended by amending Subdivisions (2) and (4) and adding
1923	1923	Subdivision (3-a) to read as follows:
1924	1924	(2) "Civil action" means an action in which:
1925	1925	(A) a claimant seeks recovery of damages for
1926	1926	bodily injury or death caused in a collision [an accident]; and
1927	1927	(B) a defendant:
1928	1928	(i) operated a commercial motor vehicle
1929	1929	involved in the collision [accident]; or
1930	1930	(ii) owned, leased, or otherwise held or
1931	1931	exercised legal control over a commercial motor vehicle or operator
1932	1932	of a commercial motor vehicle involved in the collision [accident].
1933	1933	(3-a) "Collision" means an event in which operating a
1934	1934	commercial motor vehicle causes bodily injury or death.
1935	1935	(4) "Commercial motor vehicle" means a motor vehicle
1936	1936	being used for commercial purposes in interstate or intrastate
1937	1937	commerce to transport property or passengers, deliver or transport
1938	1938	goods, or provide services. The term does not include a motor
1939	1939	vehicle being used at the time of the collision [accident] for
1940	1940	personal, family, or household purposes.
1941	1941	SECTION 116. The heading to Section 72.052, Civil Practice
1942	1942	and Remedies Code, is amended to read as follows:
1943	1943	Sec. 72.052. BIFURCATED TRIAL IN CERTAIN COMMERCIAL MOTOR
1944	1944	VEHICLE COLLISION [ACCIDENT] ACTIONS.
1945	1945	SECTION 117. Sections 72.054(a), (c), (d), and (f), Civil
1946	1946	Practice and Remedies Code, are amended to read as follows:
1947	1947	(a) Except as provided by Subsection (d), in a civil action
1948	1948	under this subchapter, an employer defendant's liability for
1949	1949	damages caused by the ordinary negligence of a person operating the
1950	1950	defendant's commercial motor vehicle shall be based only on
1951	1951	respondeat superior if the defendant stipulates, within the time
1952	1952	provided by Section 72.052 for filing a motion to bifurcate, that,
1953	1953	at the time of the collision [accident], the person operating the
1954	1954	vehicle was:
1955	1955	(1) the defendant's employee; and
1956	1956	(2) acting within the scope of employment.
1957	1957	(c) In a civil action under this subchapter in which an
1958	1958	employer defendant is regulated by the Motor Carrier Safety
1959	1959	Improvement Act of 1999 (Pub. L. No. 106-159) or Chapter 644,
1960	1960	Transportation Code, a party may present any of the following
1961	1961	evidence in the first phase of a trial that is bifurcated under
1962	1962	Section 72.052 if applicable to a defendant in the action:
1963	1963	(1) whether the employee who was operating the
1964	1964	employer defendant's commercial motor vehicle at the time of the
1965	1965	collision [accident] that is the subject of the civil action:
1966	1966	(A) was licensed to drive the vehicle at the time
1967	1967	of the collision [accident];
1968	1968	(B) was disqualified from driving the vehicle
1969	1969	under 49 C.F.R. Section 383.51, 383.52, or 391.15 at the time of the
1970	1970	collision [accident];
1971	1971	(C) was subject to an out-of-service order, as
1972	1972	defined by 49 C.F.R. Section 390.5, at the time of the collision
1973	1973	[accident];
1974	1974	(D) was driving the vehicle in violation of a
1975	1975	license restriction imposed under 49 C.F.R. Section 383.95 or
1976	1976	Section 522.043, Transportation Code, at the time of the collision
1977	1977	[accident];
1978	1978	(E) had received a certificate of driver's road
1979	1979	test from the employer defendant as required by 49 C.F.R. Section
1980	1980	391.31 or had an equivalent certificate or license as provided by 49
1981	1981	C.F.R. Section 391.33;
1982	1982	(F) had been medically certified as physically
1983	1983	qualified to operate the vehicle under 49 C.F.R. Section 391.41;
1984	1984	(G) was operating the vehicle when prohibited
1985	1985	from doing so under 49 C.F.R. Section 382.201, 382.205, 382.207,
1986	1986	382.215, 395.3, or 395.5 or 37 T.A.C. Section 4.12, as applicable,
1987	1987	on the day of the collision [accident];
1988	1988	(H) was texting or using a handheld mobile
1989	1989	telephone while driving the vehicle in violation of 49 C.F.R.
1990	1990	Section 392.80 or 392.82 at the time of the collision [accident];
1991	1991	(I) provided the employer defendant with an
1992	1992	application for employment as required by 49 C.F.R. Section
1993	1993	391.21(a) if the collision [accident] occurred on or before the
1994	1994	first anniversary of the date the employee began employment with
1995	1995	the employer defendant; and
1996	1996	(J) refused to submit to a controlled substance
1997	1997	test as required by 49 C.F.R. Section 382.303, 382.305, 382.307,
1998	1998	382.309, or 382.311 during the two years preceding the date of the
1999	1999	collision [accident]; and
2000	2000	(2) whether the employer defendant:
2001	2001	(A) allowed the employee to operate the
2002	2002	employer's commercial motor vehicle on the day of the collision
2003	2003	[accident] in violation of 49 C.F.R. Section 382.201, 382.205,
2004	2004	382.207, 382.215, 382.701(d), 395.3, or 395.5 or 37 T.A.C. Section
2005	2005	4.12, as applicable;
2006	2006	(B) had complied with 49 C.F.R. Section 382.301
2007	2007	in regard to controlled-substance testing of the employee driver
2008	2008	if:
2009	2009	(i) the employee driver was impaired
2010	2010	because of the use of a controlled substance at the time of the
2011	2011	collision [accident]; and
2012	2012	(ii) the collision [accident] occurred on
2013	2013	or before the 180th day after the date the employee driver began
2014	2014	employment with the employer defendant;
2015	2015	(C) had made the investigations and inquiries as
2016	2016	provided by 49 C.F.R. Section 391.23(a) in regard to the employee
2017	2017	driver if the collision [accident] occurred on or before the first
2018	2018	anniversary of the date the employee driver began employment with
2019	2019	the employer defendant; and
2020	2020	(D) was subject to an out-of-service order, as
2021	2021	defined by 49 C.F.R. Section 390.5, at the time of the collision
2022	2022	[accident].
2023	2023	(d) If a civil action is bifurcated under Section 72.052,
2024	2024	evidence admissible under Subsection (c) is:
2025	2025	(1) admissible in the first phase of the trial only to
2026	2026	prove ordinary negligent entrustment by the employer defendant to
2027	2027	the employee who was driving the employer defendant's commercial
2028	2028	motor vehicle at the time of the collision [accident] that is the
2029	2029	subject of the action; and
2030	2030	(2) the only evidence that may be presented by the
2031	2031	claimant in the first phase of the trial on the negligent
2032	2032	entrustment claim.
2033	2033	(f) Nothing in this section prevents a claimant from
2034	2034	pursuing:
2035	2035	(1) an ordinary negligence claim against an employer
2036	2036	defendant for a claim, such as negligent maintenance, that does not
2037	2037	require a finding of negligence by an employee as a prerequisite to
2038	2038	an employer defendant being found negligent for its conduct or
2039	2039	omission, or from presenting evidence on that claim in the first
2040	2040	phase of a bifurcated trial; or
2041	2041	(2) a claim for exemplary damages under Chapter 41 for
2042	2042	an employer defendant's conduct or omissions in relation to the
2043	2043	collision [accident] that is the subject of the action, or from
2044	2044	presenting evidence on that claim in the second phase of a
2045	2045	bifurcated trial.
2046	2046	SECTION 118. Section 72.055, Civil Practice and Remedies
2047	2047	Code, is amended to read as follows:
2048	2048	Sec. 72.055. ADMISSIBILITY OF VISUAL DEPICTIONS OF
2049	2049	COLLISION [ACCIDENT]. (a) In a civil action under this subchapter,
2050	2050	a court may not require expert testimony for admission into
2051	2051	evidence of a photograph or video of a vehicle or object involved in
2052	2052	a collision [an accident] that is the subject of the action except
2053	2053	as necessary to authenticate the photograph or video.
2054	2054	(b) If properly authenticated under the Texas Rules of
2055	2055	Evidence, a photograph or video of a vehicle or object involved in a
2056	2056	collision [an accident] that is the subject of a civil action under
2057	2057	this subchapter is presumed admissible, even if the photograph or
2058	2058	video tends to support or refute an assertion regarding the
2059	2059	severity of damages or injury to an object or person involved in the
2060	2060	collision [accident].
2061	2061	SECTION 119. Article 12.01, Code of Criminal Procedure, is
2062	2062	amended to read as follows:
2063	2063	Art. 12.01. FELONIES. Except as provided in Article 12.03,
2064	2064	felony indictments may be presented within these limits, and not
2065	2065	afterward:
2066	2066	(1) no limitation:
2067	2067	(A) murder and manslaughter;
2068	2068	(B) sexual assault under Section 22.011(a)(2),
2069	2069	Penal Code, or aggravated sexual assault under Section
2070	2070	22.021(a)(1)(B), Penal Code;
2071	2071	(C) sexual assault, if:
2072	2072	(i) during the investigation of the offense
2073	2073	biological matter is collected and the matter:
2074	2074	(a) has not yet been subjected to
2075	2075	forensic DNA testing; or
2076	2076	(b) has been subjected to forensic DNA
2077	2077	testing and the testing results show that the matter does not match
2078	2078	the victim or any other person whose identity is readily
2079	2079	ascertained; or
2080	2080	(ii) probable cause exists to believe that
2081	2081	the defendant has committed the same or a similar sex offense
2082	2082	against five or more victims;
2083	2083	(D) continuous sexual abuse of young child or
2084	2084	disabled individual under Section 21.02, Penal Code;
2085	2085	(E) indecency with a child under Section 21.11,
2086	2086	Penal Code;
2087	2087	(F) an offense involving leaving the scene of a
2088	2088	collision [an accident] under Section 550.021, Transportation
2089	2089	Code, if the collision [accident] resulted in the death of a person;
2090	2090	(G) trafficking of persons under Section
2091	2091	20A.02(a)(7) or (8), Penal Code;
2092	2092	(H) continuous trafficking of persons under
2093	2093	Section 20A.03, Penal Code; or
2094	2094	(I) compelling prostitution under Section
2095	2095	43.05(a)(2), Penal Code;
2096	2096	(2) ten years from the date of the commission of the
2097	2097	offense:
2098	2098	(A) theft of any estate, real, personal or mixed,
2099	2099	by an executor, administrator, guardian or trustee, with intent to
2100	2100	defraud any creditor, heir, legatee, ward, distributee,
2101	2101	beneficiary or settlor of a trust interested in such estate;
2102	2102	(B) theft by a public servant of government
2103	2103	property over which the public servant exercises control in the
2104	2104	public servant's official capacity;
2105	2105	(C) forgery or the uttering, using, or passing of
2106	2106	forged instruments;
2107	2107	(D) injury to an elderly or disabled individual
2108	2108	punishable as a felony of the first degree under Section 22.04,
2109	2109	Penal Code;
2110	2110	(E) sexual assault, except as provided by
2111	2111	Subdivision (1) or (7);
2112	2112	(F) arson;
2113	2113	(G) trafficking of persons under Section
2114	2114	20A.02(a)(1), (2), (3), or (4), Penal Code; or
2115	2115	(H) compelling prostitution under Section
2116	2116	43.05(a)(1), Penal Code;
2117	2117	(3) seven years from the date of the commission of the
2118	2118	offense:
2119	2119	(A) misapplication of fiduciary property or
2120	2120	property of a financial institution;
2121	2121	(B) fraudulent securing of document execution;
2122	2122	(C) a felony violation under Chapter 162, Tax
2123	2123	Code;
2124	2124	(D) false statement to obtain property or credit
2125	2125	under Section 32.32, Penal Code;
2126	2126	(E) money laundering;
2127	2127	(F) credit card or debit card abuse under Section
2128	2128	32.31, Penal Code;
2129	2129	(G) fraudulent use or possession of identifying
2130	2130	information under Section 32.51, Penal Code;
2131	2131	(H) exploitation of a child, elderly individual,
2132	2132	or disabled individual under Section 32.53, Penal Code;
2133	2133	(I) health care fraud under Section 35A.02, Penal
2134	2134	Code; or
2135	2135	(J) bigamy under Section 25.01, Penal Code,
2136	2136	except as provided by Subdivision (6);
2137	2137	(4) five years from the date of the commission of the
2138	2138	offense:
2139	2139	(A) theft or robbery;
2140	2140	(B) except as provided by Subdivision (5),
2141	2141	kidnapping or burglary;
2142	2142	(C) injury to an elderly or disabled individual
2143	2143	that is not punishable as a felony of the first degree under Section
2144	2144	22.04, Penal Code;
2145	2145	(D) abandoning or endangering a child; or
2146	2146	(E) insurance fraud;
2147	2147	(5) if the investigation of the offense shows that the
2148	2148	victim is younger than 17 years of age at the time the offense is
2149	2149	committed, 20 years from the 18th birthday of the victim of one of
2150	2150	the following offenses:
2151	2151	(A) sexual performance by a child under Section
2152	2152	43.25, Penal Code;
2153	2153	(B) aggravated kidnapping under Section
2154	2154	20.04(a)(4), Penal Code, if the defendant committed the offense
2155	2155	with the intent to violate or abuse the victim sexually; or
2156	2156	(C) burglary under Section 30.02, Penal Code, if
2157	2157	the offense is punishable under Subsection (d) of that section and
2158	2158	the defendant committed the offense with the intent to commit an
2159	2159	offense described by Subdivision (1)(B) or (D) of this article or
2160	2160	Paragraph (B) of this subdivision;
2161	2161	(6) ten years from the 18th birthday of the victim of
2162	2162	the offense:
2163	2163	(A) trafficking of persons under Section
2164	2164	20A.02(a)(5) or (6), Penal Code;
2165	2165	(B) injury to a child under Section 22.04, Penal
2166	2166	Code; or
2167	2167	(C) bigamy under Section 25.01, Penal Code, if
2168	2168	the investigation of the offense shows that the person, other than
2169	2169	the legal spouse of the defendant, whom the defendant marries or
2170	2170	purports to marry or with whom the defendant lives under the
2171	2171	appearance of being married is younger than 18 years of age at the
2172	2172	time the offense is committed;
2173	2173	(7) two years from the date the offense was
2174	2174	discovered: sexual assault punishable as a state jail felony under
2175	2175	Section 22.011(f)(2), Penal Code; or
2176	2176	(8) three years from the date of the commission of the
2177	2177	offense: all other felonies.
2178	2178	SECTION 120. The heading to Article 42A.516, Code of
2179	2179	Criminal Procedure, is amended to read as follows:
2180	2180	Art. 42A.516. COMMUNITY SUPERVISION FOR LEAVING SCENE OF
2181	2181	MOTOR VEHICLE COLLISION [ACCIDENT] RESULTING IN DEATH OF PERSON.
2182	2182	SECTION 121. Article 49.10(j), Code of Criminal Procedure,
2183	2183	is amended to read as follows:
2184	2184	(j) A justice of the peace may order a physician, qualified
2185	2185	technician, paramedic, chemist, registered professional nurse, or
2186	2186	licensed vocational nurse to take a specimen of blood from the body
2187	2187	of a person who died as the result of a motor vehicle collision
2188	2188	[accident] if the justice determines that circumstances indicate
2189	2189	that the person may have been driving while intoxicated.
2190	2190	SECTION 122. Article 59.01(3), Code of Criminal Procedure,
2191	2191	is amended to read as follows:
2192	2192	(3) "Crime of violence" means:
2193	2193	(A) any criminal offense defined in the Penal
2194	2194	Code or in a federal criminal law that results in a personal injury
2195	2195	to a victim; or
2196	2196	(B) an act that is not an offense under the Penal
2197	2197	Code involving the operation of a motor vehicle, aircraft, or water
2198	2198	vehicle that results in injury or death sustained in a collision [an
2199	2199	accident] caused by a driver in violation of Section 550.021,
2200	2200	Transportation Code.
2201	2201	SECTION 123. The heading to Section 34.015, Education Code,
2202	2202	is amended to read as follows:
2203	2203	Sec. 34.015. REPORTING OF BUS COLLISIONS [ACCIDENTS].
2204	2204	SECTION 124. Section 34.015(b), Education Code, is amended
2205	2205	to read as follows:
2206	2206	(b) A school district shall report annually to the Texas
2207	2207	Education Agency the number of collisions [accidents] in which the
2208	2208	district's buses are involved. The agency by rule shall determine
2209	2209	the information to be reported, including:
2210	2210	(1) the type of bus involved in the collision
2211	2211	[accident];
2212	2212	(2) whether the bus was equipped with seat belts;
2213	2213	(3) the number of students and adults involved in the
2214	2214	collision [accident];
2215	2215	(4) the number and types of injuries sustained by bus
2216	2216	passengers in the collision [accident]; and
2217	2217	(5) whether the injured passengers were wearing seat
2218	2218	belts at the time of the collision [accident].
2219	2219	SECTION 125. Section 54.352(g), Education Code, is amended
2220	2220	to read as follows:
2221	2221	(g) For the purpose of this section, an injury is suffered
2222	2222	during the performance of a duty as a peace officer if the injury
2223	2223	occurs as a result of the peace officer's performance of any of the
2224	2224	following law enforcement duties:
2225	2225	(1) traffic enforcement or traffic control duties,
2226	2226	including enforcement of traffic laws, investigation of vehicle
2227	2227	collisions [accidents], or directing traffic;
2228	2228	(2) pursuit, arrest, or search of a person reasonably
2229	2229	believed to have violated a law;
2230	2230	(3) investigation, including undercover
2231	2231	investigation, of a criminal act;
2232	2232	(4) patrol duties, including automobile, bicycle,
2233	2233	foot, air, or horse patrol;
2234	2234	(5) duties related to the transfer of prisoners; or
2235	2235	(6) training duties, including participation in any
2236	2236	training required by the officer's employer or supervisor or by the
2237	2237	Texas Commission on Law Enforcement.
2238	2238	SECTION 126. Section 1001.1015(b), Education Code, is
2239	2239	amended to read as follows:
2240	2240	(b) A driver education course under Subsection (a) must:
2241	2241	(1) provide at least the minimum number of hours of
2242	2242	classroom instruction required by commission rule; and
2243	2243	(2) include instruction in:
2244	2244	(A) alcohol and drug awareness;
2245	2245	(B) the traffic laws of this state;
2246	2246	(C) highway signs, signals, and markings that
2247	2247	regulate, warn, or direct traffic; and
2248	2248	(D) the issues commonly associated with motor
2249	2249	vehicle collisions [accidents], including poor decision-making,
2250	2250	risk taking, impaired driving, distraction, speed, failure to use a
2251	2251	safety belt, driving at night, failure to yield the right-of-way,
2252	2252	and using a wireless communication device while operating a
2253	2253	vehicle.
2254	2254	SECTION 127. Section 1001.112(b), Education Code, is
2255	2255	amended to read as follows:
2256	2256	(b) A person is eligible to conduct a driver education
2257	2257	course for another person as provided by Subsection (a) if the
2258	2258	person:
2259	2259	(1) is either:
2260	2260	(A) a parent, stepparent, foster parent, legal
2261	2261	guardian, grandparent, or step-grandparent of the other person; or
2262	2262	(B) an individual who:
2263	2263	(i) has been designated on a form
2264	2264	prescribed by the department for purposes of this section by a
2265	2265	parent or legal guardian of the other person or by a judge of a court
2266	2266	with jurisdiction over the other person;
2267	2267	(ii) is at least 25 years of age;
2268	2268	(iii) does not charge a fee for conducting
2269	2269	the course; and
2270	2270	(iv) has at least seven years of driving
2271	2271	experience;
2272	2272	(2) has possessed a valid license for the preceding
2273	2273	three years that has not been suspended, revoked, or forfeited in
2274	2274	the past three years for an offense that involves the operation of a
2275	2275	motor vehicle;
2276	2276	(3) has not been convicted of:
2277	2277	(A) criminally negligent homicide; or
2278	2278	(B) driving while intoxicated in the past seven
2279	2279	years; and
2280	2280	(4) has not been convicted during the preceding three
2281	2281	years of:
2282	2282	(A) three or more moving violations described by
2283	2283	Section 542.304, Transportation Code, including violations that
2284	2284	resulted in a collision [an accident]; or
2285	2285	(B) two or more moving violations described by
2286	2286	Section 542.304, Transportation Code, that resulted in a collision
2287	2287	[an accident].
2288	2288	SECTION 128. Section 203.007(b), Family Code, is amended to
2289	2289	read as follows:
2290	2290	(b) A domestic relations office is entitled to obtain from
2291	2291	the Department of Public Safety records that relate to:
2292	2292	(1) a person's date of birth;
2293	2293	(2) a person's most recent address;
2294	2294	(3) a person's current driver's license status;
2295	2295	(4) motor vehicle collisions [accidents] involving a
2296	2296	person;
2297	2297	(5) reported traffic-law violations of which a person
2298	2298	has been convicted; and
2299	2299	(6) a person's criminal history record information.
2300	2300	SECTION 129. Section 264.513(c), Family Code, is amended to
2301	2301	read as follows:
2302	2302	(c) A person is not required to report a death under this
2303	2303	section that is the result of a motor vehicle collision [accident].
2304	2304	This subsection does not affect a duty imposed by another law to
2305	2305	report a death that is the result of a motor vehicle collision
2306	2306	[accident].
2307	2307	SECTION 130. Section 411.019(a), Government Code, is
2308	2308	amended to read as follows:
2309	2309	(a) The department shall provide a 24-hour toll-free
2310	2310	telephone number for use by the public in reporting traffic
2311	2311	offenses, including driving while intoxicated, suspected criminal
2312	2312	activity, and traffic collisions [accidents] and other
2313	2313	emergencies.
2314	2314	SECTION 131. Section 411.0726(e), Government Code, is
2315	2315	amended to read as follows:
2316	2316	(e) A court may not issue an order of nondisclosure of
2317	2317	criminal history record information under this section if the
2318	2318	attorney representing the state presents evidence sufficient to the
2319	2319	court demonstrating that the commission of the offense for which
2320	2320	the order is sought resulted in a motor vehicle collision
2321	2321	[accident] involving another person, including a passenger in a
2322	2322	motor vehicle operated by the person seeking the order of
2323	2323	nondisclosure.
2324	2324	SECTION 132. Section 411.0731(e), Government Code, is
2325	2325	amended to read as follows:
2326	2326	(e) A court may not issue an order of nondisclosure of
2327	2327	criminal history record information under this section if the
2328	2328	attorney representing the state presents evidence sufficient to the
2329	2329	court demonstrating that the commission of the offense for which
2330	2330	the order is sought resulted in a motor vehicle collision
2331	2331	[accident] involving another person, including a passenger in a
2332	2332	motor vehicle operated by the person seeking the order of
2333	2333	nondisclosure.
2334	2334	SECTION 133. Section 411.0736(e), Government Code, is
2335	2335	amended to read as follows:
2336	2336	(e) A court may not issue an order of nondisclosure of
2337	2337	criminal history record information under this section if the
2338	2338	attorney representing the state presents evidence sufficient to the
2339	2339	court demonstrating that the commission of the offense for which
2340	2340	the order is sought resulted in a motor vehicle collision
2341	2341	[accident] involving another person, including a passenger in a
2342	2342	motor vehicle operated by the person seeking the order of
2343	2343	nondisclosure.
2344	2344	SECTION 134. Section 423.002(a), Government Code, is
2345	2345	amended to read as follows:
2346	2346	(a) It is lawful to capture an image using an unmanned
2347	2347	aircraft in this state:
2348	2348	(1) for the purpose of professional or scholarly
2349	2349	research and development or for another academic purpose by a
2350	2350	person acting on behalf of an institution of higher education or a
2351	2351	private or independent institution of higher education, as those
2352	2352	terms are defined by Section 61.003, Education Code, including a
2353	2353	person who:
2354	2354	(A) is a professor, employee, or student of the
2355	2355	institution; or
2356	2356	(B) is under contract with or otherwise acting
2357	2357	under the direction or on behalf of the institution;
2358	2358	(2) in airspace designated as a test site or range
2359	2359	authorized by the Federal Aviation Administration for the purpose
2360	2360	of integrating unmanned aircraft systems into the national
2361	2361	airspace;
2362	2362	(3) as part of an operation, exercise, or mission of
2363	2363	any branch of the United States military;
2364	2364	(4) if the image is captured by a satellite for the
2365	2365	purposes of mapping;
2366	2366	(5) if the image is captured by or for an electric or
2367	2367	natural gas utility or a telecommunications provider:
2368	2368	(A) for operations and maintenance of utility or
2369	2369	telecommunications facilities for the purpose of maintaining
2370	2370	utility or telecommunications system reliability and integrity;
2371	2371	(B) for inspecting utility or telecommunications
2372	2372	facilities to determine repair, maintenance, or replacement needs
2373	2373	during and after construction of such facilities;
2374	2374	(C) for assessing vegetation growth for the
2375	2375	purpose of maintaining clearances on utility or telecommunications
2376	2376	easements; and
2377	2377	(D) for utility or telecommunications facility
2378	2378	routing and siting for the purpose of providing utility or
2379	2379	telecommunications service;
2380	2380	(6) with the consent of the individual who owns or
2381	2381	lawfully occupies the real property captured in the image;
2382	2382	(7) pursuant to a valid search or arrest warrant;
2383	2383	(8) if the image is captured by a law enforcement
2384	2384	authority or a person who is under contract with or otherwise acting
2385	2385	under the direction or on behalf of a law enforcement authority:
2386	2386	(A) in immediate pursuit of a person law
2387	2387	enforcement officers have reasonable suspicion or probable cause to
2388	2388	suspect has committed an offense, not including misdemeanors or
2389	2389	offenses punishable by a fine only;
2390	2390	(B) for the purpose of documenting a crime scene
2391	2391	where an offense, not including misdemeanors or offenses punishable
2392	2392	by a fine only, has been committed;
2393	2393	(C) for the purpose of investigating the scene
2394	2394	of:
2395	2395	(i) a human fatality;
2396	2396	(ii) a motor vehicle collision [accident]
2397	2397	causing death or serious bodily injury to a person; or
2398	2398	(iii) any motor vehicle collision
2399	2399	[accident] on a state highway or federal interstate or highway;
2400	2400	(D) in connection with the search for a missing
2401	2401	person;
2402	2402	(E) for the purpose of conducting a high-risk
2403	2403	tactical operation that poses a threat to human life;
2404	2404	(F) of private property that is generally open to
2405	2405	the public where the property owner consents to law enforcement
2406	2406	public safety responsibilities; or
2407	2407	(G) of real property or a person on real property
2408	2408	that is within 25 miles of the United States border for the sole
2409	2409	purpose of ensuring border security;
2410	2410	(9) if the image is captured by state or local law
2411	2411	enforcement authorities, or a person who is under contract with or
2412	2412	otherwise acting under the direction or on behalf of state
2413	2413	authorities, for the purpose of:
2414	2414	(A) surveying the scene of a catastrophe or other
2415	2415	damage to determine whether a state of emergency should be
2416	2416	declared;
2417	2417	(B) preserving public safety, protecting
2418	2418	property, or surveying damage or contamination during a lawfully
2419	2419	declared state of emergency; or
2420	2420	(C) conducting routine air quality sampling and
2421	2421	monitoring, as provided by state or local law;
2422	2422	(10) at the scene of a spill, or a suspected spill, of
2423	2423	hazardous materials;
2424	2424	(11) for the purpose of fire suppression;
2425	2425	(12) for the purpose of rescuing a person whose life or
2426	2426	well-being is in imminent danger;
2427	2427	(13) if the image is captured by a Texas licensed real
2428	2428	estate broker in connection with the marketing, sale, or financing
2429	2429	of real property, provided that no individual is identifiable in
2430	2430	the image;
2431	2431	(14) from a height no more than eight feet above ground
2432	2432	level in a public place, if the image was captured without using any
2433	2433	electronic, mechanical, or other means to amplify the image beyond
2434	2434	normal human perception;
2435	2435	(15) of public real property or a person on that
2436	2436	property;
2437	2437	(16) if the image is captured by the owner or operator
2438	2438	of an oil, gas, water, or other pipeline for the purpose of
2439	2439	inspecting, maintaining, or repairing pipelines or other related
2440	2440	facilities, and is captured without the intent to conduct
2441	2441	surveillance on an individual or real property located in this
2442	2442	state;
2443	2443	(17) in connection with oil pipeline safety and rig
2444	2444	protection;
2445	2445	(18) in connection with port authority surveillance
2446	2446	and security;
2447	2447	(19) if the image is captured by a registered
2448	2448	professional land surveyor in connection with the practice of
2449	2449	professional surveying, as those terms are defined by Section
2450	2450	1071.002, Occupations Code, provided that no individual is
2451	2451	identifiable in the image;
2452	2452	(20) if the image is captured by a professional
2453	2453	engineer licensed under Subchapter G, Chapter 1001, Occupations
2454	2454	Code, in connection with the practice of engineering, as defined by
2455	2455	Section 1001.003, Occupations Code, provided that no individual is
2456	2456	identifiable in the image; or
2457	2457	(21) if:
2458	2458	(A) the image is captured by an employee of an
2459	2459	insurance company or of an affiliate of the company in connection
2460	2460	with the underwriting of an insurance policy, or the rating or
2461	2461	adjusting of an insurance claim, regarding real property or a
2462	2462	structure on real property; and
2463	2463	(B) the operator of the unmanned aircraft is
2464	2464	authorized by the Federal Aviation Administration to conduct
2465	2465	operations within the airspace from which the image is captured.
2466	2466	SECTION 135. Section 1952.155, Insurance Code, is amended
2467	2467	to read as follows:
2468	2468	Sec. 1952.155. BENEFITS PAYABLE WITHOUT REGARD TO FAULT OR
2469	2469	COLLATERAL SOURCE; EFFECT ON SUBROGATION. (a) The benefits under
2470	2470	coverage required by this subchapter are payable without regard to:
2471	2471	(1) the fault or nonfault of the named insured or
2472	2472	recipient in causing or contributing to the collision [accident];
2473	2473	and
2474	2474	(2) any collateral source of medical, hospital, or
2475	2475	wage continuation benefits.
2476	2476	(b) Except as provided by Subsection (c), an insurer paying
2477	2477	benefits under coverage required by this subchapter does not have a
2478	2478	right of subrogation or claim against any other person or insurer to
2479	2479	recover any benefits by reason of the alleged fault of the other
2480	2480	person in causing or contributing to the collision [accident].
2481	2481	(c) An insurer paying benefits pursuant to this subchapter,
2482	2482	including a county mutual insurance company, shall have a right of
2483	2483	subrogation and a claim against a person causing or contributing to
2484	2484	the collision [accident] if, on the date of loss, financial
2485	2485	responsibility as required by Chapter 601, Transportation Code, has
2486	2486	not been established for a motor vehicle involved in the collision
2487	2487	[accident] and operated by that person.
2488	2488	SECTION 136. Section 1954.056(b), Insurance Code, is
2489	2489	amended to read as follows:
2490	2490	(b) A transportation network company driver shall carry
2491	2491	proof of insurance that satisfies Sections 1954.052 and 1954.053
2492	2492	with the driver when the driver uses a vehicle in connection with a
2493	2493	transportation network company's digital network. In the event of
2494	2494	a collision [an accident], a driver shall provide the proof of
2495	2495	insurance to a directly interested person, automobile insurer, and
2496	2496	investigating peace officer on request under Section 601.053,
2497	2497	Transportation Code. On request, a driver shall also disclose to a
2498	2498	directly interested person, automobile insurer, and investigating
2499	2499	peace officer whether, at the time of the collision [accident], the
2500	2500	driver was:
2501	2501	(1) logged on to the company's digital network; or
2502	2502	(2) engaged in a prearranged ride.
2503	2503	SECTION 137. Section 2308.002(5-a), Occupations Code, is
2504	2504	amended to read as follows:
2505	2505	(5-a) "Incident management tow" means any tow of a
2506	2506	vehicle in which the tow truck is summoned to the scene of a traffic
2507	2507	collision [accident] or to an incident, including the removal of a
2508	2508	vehicle, commercial cargo, and commercial debris from a collision
2509	2509	[an accident] or incident scene.
2510	2510	SECTION 138. Sections 2308.209(c), (d), and (h),
2511	2511	Occupations Code, are amended to read as follows:
2512	2512	(c) The sheriff's office may maintain a list of towing
2513	2513	companies to perform nonconsent tows of motor vehicles initiated by
2514	2514	a peace officer investigating a traffic collision [accident] or a
2515	2515	traffic incident. The towing companies must operate in a county to
2516	2516	which this section applies.
2517	2517	(d) A peace officer initiating a nonconsent tow of a motor
2518	2518	vehicle involved in a traffic collision [accident] or traffic
2519	2519	incident that the officer is investigating shall notify the
2520	2520	sheriff's office that the tow is being initiated. The sheriff's
2521	2521	office shall contact successive towing companies on the tow
2522	2522	rotation list until a company agrees to carry out the tow.
2523	2523	(h) In a county in which a list is maintained under
2524	2524	Subsection (c), a person commits an offense if:
2525	2525	(1) the person arrives at the scene of a traffic
2526	2526	collision [accident] or traffic incident to perform a nonconsent
2527	2527	tow of a motor vehicle without first being contacted by the
2528	2528	sheriff's office;
2529	2529	(2) the person directly or indirectly solicits, on
2530	2530	streets located in the county, towing services, including towing,
2531	2531	removing, repairing, wrecking, storing, trading, selling, or
2532	2532	purchasing related to a vehicle that has been damaged in a collision
2533	2533	[an accident] to the extent that it cannot be normally and safely
2534	2534	driven; or
2535	2535	(3) the person enters the scene of a traffic collision
2536	2536	[accident], traffic incident, or other area under the control of a
2537	2537	peace officer without the permission of the peace officer.
2538	2538	SECTION 139. The heading to Section 38.18, Penal Code, is
2539	2539	amended to read as follows:
2540	2540	Sec. 38.18. USE OF COLLISION [ACCIDENT] REPORT INFORMATION
2541	2541	AND OTHER INFORMATION FOR PECUNIARY GAIN.
2542	2542	SECTION 140. Section 2(4-a), Article 6243g-4, Revised
2543	2543	Statutes, is amended to read as follows:
2544	2544	(4-a) "Catastrophic injury" means a sudden, violent,
2545	2545	life-threatening, duty-related injury sustained by an active
2546	2546	member that is due to an externally caused motor vehicle collision
2547	2547	[accident], gunshot wound, aggravated assault, or other external
2548	2548	event or events and results, as supported by evidence, in one of the
2549	2549	following conditions:
2550	2550	(A) total, complete, and permanent loss of sight
2551	2551	in one or both eyes;
2552	2552	(B) total, complete, and permanent loss of the
2553	2553	use of one or both feet at or above the ankle;
2554	2554	(C) total, complete, and permanent loss of the
2555	2555	use of one or both hands at or above the wrist;
2556	2556	(D) injury to the spine that results in a total,
2557	2557	permanent, and complete paralysis of both arms, both legs, or one
2558	2558	arm and one leg; or
2559	2559	(E) an externally caused physical traumatic
2560	2560	injury to the brain rendering the member physically or mentally
2561	2561	unable to perform the member's duties as a police officer.
2562	2562	SECTION 141. Section 72.051(1), Civil Practice and Remedies
2563	2563	Code, is repealed.
2564	2564	SECTION 142. The changes in law made by this Act are
2565	2565	nonsubstantive and are intended to clarify rather than change
2566	2566	existing law.
2567	2567	SECTION 143. To the extent of any conflict, this Act
2568	2568	prevails over another Act of the 88th Legislature, Regular Session,
2569	2569	2023, relating to nonsubstantive additions to and corrections in
2570	2570	enacted codes.
2571	2571	SECTION 144. This Act takes effect September 1, 2023.
2572	2572	______________________________ ______________________________
2573	2573	President of the Senate Speaker of the House
2574	2574	I certify that H.B. No. 2190 was passed by the House on May 9,
2575	2575	2023, by the following vote: Yeas 133, Nays 9, 2 present, not
2576	2576	voting; and that the House concurred in Senate amendments to H.B.
2577	2577	No. 2190 on May 26, 2023, by the following vote: Yeas 138, Nays 0,
2578	2578	1 present, not voting.
2579	2579	______________________________
2580	2580	Chief Clerk of the House
2581	2581	I certify that H.B. No. 2190 was passed by the Senate, with
2582	2582	amendments, on May 24, 2023, by the following vote: Yeas 30, Nays
2583	2583	0.
2584	2584	______________________________
2585	2585	Secretary of the Senate
2586	2586	APPROVED: __________________
2587	2587	Date
2588	2588	__________________
2589	2589	Governor