H.B. No. 2190
AN ACT
relating to the terminology used to describe
transportation-related accidents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.085(b), Transportation Code, is
amended to read as follows:
(b) A joint board may use contracts and rating plans and may
implement risk management programs designed to prevent collisions
[accidents]. In developing its insurance program, a joint board
may consider the peculiar hazards, indemnity standards, and past
prospective loss and expense experience of the joint board and of
its contractors and subcontractors.
SECTION 2. Sections 112.103(b) and (c), Transportation
Code, are amended to read as follows:
(b) An operator who is involved, while operating a
locomotive, in a collision [an accident] resulting in injury to or
death of a person or damage to a vehicle that is driven or attended
by a person shall immediately stop the locomotive at the scene of
the collision [accident].
(c) The operator shall render to a person injured in the
collision [accident] reasonable assistance, including
transporting, or the making of arrangements for transporting, the
person to a physician, surgeon, or hospital for medical or surgical
treatment if it is apparent that treatment is necessary or if the
injured person requests transportation.
SECTION 3. Section 192.005, Transportation Code, is amended
to read as follows:
Sec. 192.005. RECORD OF COLLISION [ACCIDENT] OR
VIOLATION. If a person operating a railroad locomotive or train is
involved in a collision [an accident] with another train or a motor
vehicle or is arrested for violation of a law relating to the
person's operation of a railroad locomotive or train:
(1) the number of or other identifying information on
the person's driver's license or commercial driver's license may not
be included in any report of the collision [accident] or violation;
and
(2) the person's involvement in the collision
[accident] or violation may not be recorded in the person's
individual driving record maintained by the Department of Public
Safety.
SECTION 4. Section 201.806, Transportation Code, is amended
to read as follows:
Sec. 201.806. COLLISION [ACCIDENT] REPORTS. (a) The
department shall:
(1) tabulate and analyze the vehicle collision
[accident] reports it receives; and
(2) annually or more frequently publish on the
department's Internet website statistical information derived from
the collision [accident] reports as to the number, cause, and
location of highway collisions [accidents], including information
regarding the number of:
(A) collisions [accidents] involving injury to,
death of, or property damage to a bicyclist or pedestrian; and
(B) fatalities caused by a bridge collapse, as
defined by Section 550.081.
(b) The department shall provide electronic access to the
system containing the collision [accident] reports so that the
Department of Public Safety can perform its duties, including the
duty to make timely entries on driver records.
SECTION 5. Sections 201.909(a), (b), and (c),
Transportation Code, are amended to read as follows:
(a) In this section, "victim" means a person killed in a
highway collision [accident] involving alcohol or a controlled
substance, excluding an operator who was under the influence of
alcohol or a controlled substance.
(b) The commission by rule shall establish and administer a
memorial sign program to publicly memorialize the victims of
alcohol or controlled substance-related vehicle collisions
[accidents].
(c) A sign designed and posted under this section shall
include:
(1) the phrase "Please Don't Drink and Drive";
(2) the phrase "In Memory Of" and the name of one or
more victims in accordance with the commission rule; and
(3) the date of the collision [accident] that resulted
in the victim's death.
SECTION 6. Sections 201.911(a), (b), and (c),
Transportation Code, are amended to read as follows:
(a) In this section, "victim" means a person killed in a
highway collision [accident] while operating or riding on a
motorcycle.
(b) The commission by rule shall establish and administer a
memorial sign program to publicly memorialize the victims of
motorcycle collisions [accidents].
(c) A sign designed and posted under this section shall
include:
(1) a red cross;
(2) the phrase "In Memory Of" and the name of one or
more victims in accordance with the commission rule; and
(3) the date of the collision [accident] that resulted
in the victim's death.
SECTION 7. Section 222.003(d), Transportation Code, is
amended to read as follows:
(d) Of the aggregate principal amount of bonds and other
public securities that may be issued under this section, the
commission shall issue bonds or other public securities in an
aggregate principal amount of $1.2 billion to fund projects that
reduce collisions [accidents] or correct or improve hazardous
locations on the state highway system. The commission by rule
shall prescribe criteria for selecting projects eligible for
funding under this section. In establishing criteria for the
projects, the commission shall consider collision [accident] data,
traffic volume, pavement geometry, and other conditions that can
create or exacerbate hazardous roadway conditions.
SECTION 8. Section 391.038(c-2), Transportation Code, is
amended to read as follows:
(c-2) Subsection (c-1) does not apply to the rebuilding of a
sign under Subsection (c) if the person who holds the permit for the
sign rebuilds because of damage to the sign caused by:
(1) wind or a natural disaster;
(2) a motor vehicle collision [accident]; or
(3) an act of God.
SECTION 9. Section 451.108(c), Transportation Code, is
amended to read as follows:
(c) A peace officer commissioned under this section, except
as provided by Subsections (d) and (e), or a peace officer
contracted for employment by an authority confirmed before July 1,
1985, in which the principal municipality has a population of less
than 850,000, may:
(1) make an arrest in any county in which the transit
authority system is located as necessary to prevent or abate the
commission of an offense against the law of this state or a
political subdivision of this state if the offense or threatened
offense occurs on or involves the transit authority system;
(2) make an arrest for an offense involving injury or
detriment to the transit authority system;
(3) enforce traffic laws and investigate traffic
collisions [accidents] that involve or occur in the transit
authority system; and
(4) provide emergency and public safety services to
the transit authority system or users of the transit authority
system.
SECTION 10. Section 451.454(c), Transportation Code, is
amended to read as follows:
(c) Each audit must include an examination of:
(1) one or more of the following:
(A) the administration and management of the
authority;
(B) transit operations; or
(C) transit authority system maintenance;
(2) the authority's compliance with applicable state
law, including this chapter; and
(3) the following performance indicators:
(A) operating cost per passenger, per revenue
mile, and per revenue hour;
(B) sales and use tax receipts per passenger;
(C) fare recovery rate;
(D) average vehicle occupancy;
(E) on-time performance;
(F) number of collisions [accidents] per 100,000
miles; and
(G) number of miles between mechanical road
calls.
SECTION 11. Section 451.455(h), Transportation Code, is
amended to read as follows:
(h) The number of collisions [accidents] per 100,000 miles
is computed by multiplying the annual number of collisions
[accidents] by 100,000 and dividing the product by the number of
miles for all service, including charter and nonrevenue service,
directly operated by the authority for the same period. In this
subsection, "collision [accident]" includes:
(1) a collision that involves an authority's revenue
vehicle, other than a lawfully parked revenue vehicle, and that
results in property damage, injury, or death; and
(2) an incident that results in the injury or death of
a person on board or boarding or alighting from an authority's
revenue vehicle.
SECTION 12. Section 452.062(b), Transportation Code, is
amended to read as follows:
(b) An authority may use contracts, rating plans, and risk
management programs designed to encourage collision [accident]
prevention.
SECTION 13. Section 452.454(c), Transportation Code, is
amended to read as follows:
(c) Each audit must include an examination of:
(1) one or more of the following:
(A) the administration and management of the
authority;
(B) transit operations; or
(C) transit authority system maintenance;
(2) the authority's compliance with applicable state
law, including this chapter; and
(3) the following performance indicators:
(A) subsidy per passenger, operating cost per
revenue mile, and operating cost per revenue hour;
(B) sales and use tax receipts per passenger;
(C) fare recovery rate;
(D) number of passengers per hour;
(E) on-time performance;
(F) number of collisions [accidents] per 100,000
miles; and
(G) number of miles between mechanical service
calls.
SECTION 14. Section 452.455(i), Transportation Code, is
amended to read as follows:
(i) The number of collisions [accidents] per 100,000 miles
is computed by multiplying the annual number of collisions
[accidents] by 100,000 and dividing the product by the number of
miles for all service, including charter and nonrevenue service for
the same period. In this subsection, "collision [accident]"
includes:
(1) a collision that involves an authority's revenue
vehicle, other than a lawfully parked revenue vehicle, and results
in property damage, injury, or death; and
(2) an operating incident resulting in the injury or
death of a person on board or boarding or alighting from an
authority's revenue vehicle.
SECTION 15. Section 460.110(b), Transportation Code, is
amended to read as follows:
(b) An authority may use contracts, rating plans, and risk
management programs designed to encourage collision [accident]
prevention.
SECTION 16. Section 463.065(b), Transportation Code, is
amended to read as follows:
(b) An authority may use contracts, rating plans, and risk
management programs designed to encourage collision [accident]
prevention.
SECTION 17. Section 521.025(c), Transportation Code, is
amended to read as follows:
(c) A person who violates this section commits an
offense. An offense under this subsection is a misdemeanor
punishable by a fine not to exceed $200, except that:
(1) for a second conviction within one year after the
date of the first conviction, the offense is a misdemeanor
punishable by a fine of not less than $25 or more than $200;
(2) for a third or subsequent conviction within one
year after the date of the second conviction the offense is a
misdemeanor punishable by:
(A) a fine of not less than $25 or more than $500;
(B) confinement in the county jail for not less
than 72 hours or more than six months; or
(C) both the fine and confinement; and
(3) if it is shown on the trial of the offense that at
the time of the offense the person was operating the motor vehicle
in violation of Section 601.191 and caused or was at fault in a
motor vehicle collision [accident] that resulted in serious bodily
injury to or the death of another person, an offense under this
section is a Class A misdemeanor.
SECTION 18. Section 521.042, Transportation Code, is
amended to read as follows:
Sec. 521.042. COLLISION [ACCIDENT] AND CONVICTION REPORTS;
INDIVIDUAL RECORDS. (a) Except as provided by this section, the
department shall record each collision [accident] report and
abstract of the court record of a conviction received by the
department under a law of this state.
(b) The records must enable the department to consider, on
receipt of a renewal application and at other suitable times, the
record of each license holder that shows any:
(1) conviction of that license holder; and
(2) traffic collision [accident] in which the license
holder has been involved.
(c) The record of a license holder who is employed as a peace
officer, fire fighter, or emergency medical services employee of
this state, a political subdivision of this state, or a special
purpose district may not include information relating to a traffic
collision [accident] that occurs while the peace officer, fire
fighter, or emergency medical services employee is driving an
official vehicle in the course and scope of the license holder's
official duties if:
(1) the traffic collision [accident] resulted in
damages to property of less than $1,000; or
(2) an investigation of the collision [accident] by a
peace officer, other than a peace officer involved in the collision
[accident], determines that the peace officer, fire fighter, or
emergency medical services employee involved in the collision
[accident] was not at fault.
(d) Before issuing or renewing a license, the department
shall examine the record of the applicant for information relating
to a conviction of a traffic violation or involvement in a traffic
collision [accident]. The department may not issue or renew a
license if the department determines that the issuance or renewal
of the license would be inimical to the public safety.
(e) The director may maintain records required under this
subchapter on microfilm or computer.
SECTION 19. The heading to Section 521.046, Transportation
Code, is amended to read as follows:
Sec. 521.046. DISCLOSURE OF COLLISION [ACCIDENT] AND
CONVICTION INFORMATION.
SECTION 20. Section 521.046(a), Transportation Code, is
amended to read as follows:
(a) In addition to the information authorized to be released
under Section 521.045, on receipt of a written request and payment
of a $6 fee, the department may disclose that information and
information regarding each reported motor vehicle moving
violation, as defined by department rule, resulting in a traffic
law conviction and each motor vehicle collision [accident] in which
the individual received a citation, by date and location, within
the three years preceding the date of the request, to a person who:
(1) is eligible to receive the information under
Chapter 730; and
(2) submits to the department the individual's
driver's license number or the individual's full name and date of
birth.
SECTION 21. Section 521.047(b), Transportation Code, is
amended to read as follows:
(b) The department may disclose information as recorded in
department records that relates to:
(1) the individual's date of birth;
(2) the current license status of the individual;
(3) the individual's most recent address;
(4) the completion of an approved driver education
course by the individual;
(5) the fact of, but not the reason for, completion of
a driver safety course by the individual; and
(6) each of the individual's reported traffic law
violations and motor vehicle collisions [accidents], by date and
location.
SECTION 22. Section 521.049(e), Transportation Code, is
amended to read as follows:
(e) A driver's license record or personal identification
certificate record provided under Subsection (d)(1) may not include
information relating to an individual's social security number or
any collision [accident] or conviction information about an
individual.
SECTION 23. Section 521.060(a), Transportation Code, is
amended to read as follows:
(a) The department shall maintain in its files a record of
the name, address, and telephone number of each individual
identified by the holder of a driver's license or personal
identification certificate as an individual the holder authorizes
to be contacted in the event that the holder is injured or dies in or
as a result of a vehicular collision [accident] or another
emergency situation. In addition, the department shall maintain
in its files a record of any medical information described by
Section 521.125(a) that is provided to the department under
Subsection (c) or any health condition information that is
voluntarily provided to the department under Section 521.142(h).
SECTION 24. Section 521.292(a), Transportation Code, is
amended to read as follows:
(a) The department shall suspend the person's license if the
department determines that the person:
(1) has operated a motor vehicle on a highway while the
person's license was suspended, canceled, disqualified, or
revoked, or without a license after an application for a license was
denied;
(2) is a habitually reckless or negligent operator of
a motor vehicle;
(3) is a habitual violator of the traffic laws;
(4) has permitted the unlawful or fraudulent use of
the person's license;
(5) has committed an offense in another state or
Canadian province that, if committed in this state, would be
grounds for suspension;
(6) has been convicted of two or more separate
offenses of a violation of a restriction imposed on the use of the
license;
(7) has been responsible as a driver for any collision
[accident] resulting in serious personal injury or serious property
damage;
(8) is under 18 years of age and has been convicted of
two or more moving violations committed within a 12-month period;
or
(9) has committed an offense under Section 545.421.
SECTION 25. Section 521.457(f-2), Transportation Code, is
amended to read as follows:
(f-2) An offense under this section is a Class A misdemeanor
if it is shown on the trial of the offense that at the time of the
offense the person was operating the motor vehicle in violation of
Section 601.191 and caused or was at fault in a motor vehicle
collision [accident] that resulted in serious bodily injury to or
the death of another person.
SECTION 26. Section 522.003(25), Transportation Code, is
amended to read as follows:
(25) "Serious traffic violation" means:
(A) a conviction arising from the driving of a
motor vehicle, other than a parking, vehicle weight, or vehicle
defect violation, for:
(i) excessive speeding, involving a single
charge of driving 15 miles per hour or more above the posted speed
limit;
(ii) reckless driving, as defined by state
or local law;
(iii) a violation of a state or local law
related to motor vehicle traffic control, including a law
regulating the operation of vehicles on highways, arising in
connection with a fatal collision [accident];
(iv) improper or erratic traffic lane
change;
(v) following the vehicle ahead too
closely; or
(vi) a violation of Sections 522.011 or
522.042; or
(B) a violation of Section 522.015.
SECTION 27. Section 522.081(b), Transportation Code, is
amended to read as follows:
(b) Except as provided by this subsection, this subsection
applies to a violation committed while operating any type of motor
vehicle, including a commercial motor vehicle. A person who holds
a commercial driver's license or commercial learner's permit is
disqualified from driving a commercial motor vehicle for one year:
(1) if convicted of three violations of a law that
regulates the operation of a motor vehicle at a railroad grade
crossing that occur within a three-year period;
(2) on first conviction of:
(A) driving a motor vehicle under the influence
of alcohol or a controlled substance, including a violation of
Section 49.04, 49.045, or 49.07, Penal Code;
(B) leaving the scene of a collision [an
accident] involving a motor vehicle driven by the person;
(C) using a motor vehicle in the commission of a
felony, other than a felony described by Subsection (d)(2);
(D) causing the death of another person through
the negligent or criminal operation of a motor vehicle; or
(E) driving a commercial motor vehicle while the
person's commercial driver's license or commercial learner's permit
is revoked, suspended, or canceled, or while the person is
disqualified from driving a commercial motor vehicle, for an action
or conduct that occurred while operating a commercial motor
vehicle;
(3) for refusing to submit to a test under Chapter 724
to determine the person's alcohol concentration or the presence in
the person's body of a controlled substance or drug while operating
a motor vehicle in a public place; or
(4) if an analysis of the person's blood, breath, or
urine under Chapter 522, 524, or 724 determines that the person:
(A) had an alcohol concentration of 0.04 or more,
or that a controlled substance or drug was present in the person's
body, while operating a commercial motor vehicle in a public place;
or
(B) had an alcohol concentration of 0.08 or more
while operating a motor vehicle, other than a commercial motor
vehicle, in a public place.
SECTION 28. Section 523.005(a), Transportation Code, is
amended to read as follows:
(a) The licensing authority in the home state, for the
purpose of suspension, revocation, cancellation, denial,
disqualification, or limitation of the privilege to operate a motor
vehicle, shall give the same effect to the conduct reported
pursuant to Section 523.004 as it would if such conduct had occurred
in the home state in the case of conviction for:
(1) manslaughter or negligent homicide resulting from
the operation of a motor vehicle;
(2) driving a motor vehicle while under the influence
of alcoholic beverages or a narcotic to a degree which renders the
driver incapable of safely driving a motor vehicle;
(3) any felony in the commission of which a motor
vehicle is used; or
(4) failure to stop and render aid or information in
the event of a motor vehicle collision [accident] resulting in the
death or personal injury of another.
SECTION 29. Section 542.206, Transportation Code, is
amended to read as follows:
Sec. 542.206. EFFECT OF SPEED LIMITS IN A CIVIL ACTION. A
provision of this subtitle declaring a maximum or minimum speed
limit does not relieve the plaintiff in a civil action from the
burden of proving negligence of the defendant as the proximate
cause of a collision [an accident].
SECTION 30. Section 542.4045, Transportation Code, is
amended to read as follows:
Sec. 542.4045. PENALTIES FOR FAILURE TO YIELD RIGHT-OF-WAY
OFFENSE RESULTING IN COLLISION [ACCIDENT]. If it is shown on the
trial of an offense under this subtitle in which an element is the
failure by the operator of a vehicle to yield the right-of-way to
another vehicle that a collision [an accident] resulted from the
operator's failure to yield the right-of-way:
(1) the offense is punishable by a fine of not less
than $500 or more than $2,000, if a person other than the operator
of the vehicle suffered bodily injury, as defined by Section 1.07,
Penal Code, in the collision [accident]; and
(2) the offense is punishable by a fine of not less
than $1,000 or more than $4,000, if a person other than the operator
of the vehicle suffered serious bodily injury, as defined by
Section 1.07, Penal Code, in the collision [accident].
SECTION 31. Section 543.002(a), Transportation Code, is
amended to read as follows:
(a) A person arrested for a violation of this subtitle
punishable as a misdemeanor shall be immediately taken before a
magistrate if:
(1) the person is arrested on a charge of failure to
stop in the event of a collision [an accident] causing damage to
property; or
(2) the person demands an immediate appearance before
a magistrate or refuses to make a written promise to appear in court
as provided by this subchapter.
SECTION 32. Section 543.011(c), Transportation Code, is
amended to read as follows:
(c) The law enforcement agency shall:
(1) as soon as practicable contact the United States
Department of State to verify the person's status and immunity, if
any; and
(2) not later than the fifth working day after the date
of the stop or issuance of the notice to appear, send to the Bureau
of Diplomatic Security and the Office of Foreign Missions of the
United States Department of State the following:
(A) a copy of any notice to appear issued to the
person and any collision [accident] report prepared; or
(B) if a notice to appear was not issued and a
collision [an accident] report was not prepared, a written report
of the incident.
SECTION 33. Section 545.356(d), Transportation Code, is
amended to read as follows:
(d) The governing body of a municipality that declares a
lower speed limit on a highway or part of a highway under Subsection
(b-1) or (b-3), not later than February 1 of each year, shall
publish on its Internet website and submit to the department a
report that compares for each of the two previous calendar years:
(1) the number of traffic citations issued by peace
officers of the municipality and the alleged speed of the vehicles,
for speed limit violations on the highway or part of the highway;
(2) the number of warning citations issued by peace
officers of the municipality on the highway or part of the highway;
and
(3) the number of vehicular collisions [accidents]
that resulted in injury or death and were attributable to speed
limit violations on the highway or part of the highway.
SECTION 34. Section 545.3561, Transportation Code, is
amended to read as follows:
Sec. 545.3561. AUTHORITY OF MUNICIPALITY OR COUNTY TO
TEMPORARILY LOWER SPEED LIMIT AT VEHICULAR COLLISION [ACCIDENT]
RECONSTRUCTION SITE. (a) The governing body of a municipality by
ordinance may give a designated official with transportation
engineering experience establishing speed limits discretion to
temporarily lower a prima facie speed limit for a highway or part of
a highway in the municipality, including a highway of the state
highway system, at the site of an investigation using vehicular
collision [accident] reconstruction.
(b) A county commissioners court by order may give a
designated official with transportation engineering experience
establishing speed limits discretion to temporarily lower prima
facie speed limits for a county road or highway outside the
boundaries of a municipality at the site of an investigation using
vehicular collision [accident] reconstruction. The authority
granted under this subsection does not include a road or highway in
the state highway system.
(c) The Texas Department of Transportation shall develop
safety guidelines for the use of vehicular collision [accident]
reconstruction in investigations. A municipality, county, or
designated official shall comply with the guidelines.
(d) A designated official may temporarily lower prima facie
speed limits without the approval of or permission from the Texas
Department of Transportation. A designated official who intends
to temporarily lower a prima facie speed limit at the site of an
investigation using vehicular collision [accident] reconstruction
shall, at least 48 hours before temporary speed limit signs are
posted for the vehicular collision [accident] reconstruction site,
provide to the Texas Department of Transportation notice that
includes:
(1) the date and time of the collision [accident]
reconstruction;
(2) the location of the collision [accident]
reconstruction site;
(3) the entities involved at the site;
(4) the general size of the area affected by the site;
and
(5) an estimate of how long the site will be used for
the collision [accident] reconstruction.
(e) A temporary speed limit established under this section:
(1) is a prima facie prudent and reasonable speed
limit enforceable in the same manner as other prima facie speed
limits established under other provisions of this subchapter; and
(2) supersedes any other established speed limit that
would permit a person to operate a motor vehicle at a higher rate of
speed.
(f) A designated official who temporarily lowers a speed
limit shall:
(1) place and maintain at the vehicular collision
[accident] reconstruction site temporary speed limit signs that
conform to the manual and specifications adopted under Section
544.001;
(2) temporarily conceal all other signs on the highway
segment affected by the vehicular collision [accident]
reconstruction site that give notice of a speed limit that would
permit a person to operate a motor vehicle at a higher rate of
speed; and
(3) remove all temporary speed limit signs placed
under Subdivision (1) and concealments of other signs placed under
Subdivision (2) when the official finds that the vehicular
collision [accident] reconstruction is complete and all equipment
is removed from the vehicular collision [accident] reconstruction
site.
(g) A temporary speed limit established under this section
is effective when a designated official places temporary speed
limit signs and conceals other signs that would permit a person to
operate a motor vehicle at a higher rate of speed as required under
Subsection (f).
(h) A temporary speed limit established under this section
is effective until the designated official under Subsection (a) or
(b):
(1) finds that the vehicular collision [accident]
reconstruction is complete; and
(2) removes all temporary signs, concealments, and
equipment used at the vehicular collision [accident]
reconstruction site.
(i) If a designated official does not comply with the
requirements of Subsection (f)(3) for a vehicular collision
[accident] reconstruction on a state highway associated with the
reconstruction, the Texas Department of Transportation may remove
signs and concealments.
SECTION 35. Section 545.4121(b), Transportation Code, is
amended to read as follows:
(b) It is a defense to prosecution of an offense to which
this section applies that the defendant provides to the court
evidence satisfactory to the court that:
(1) at the time of the offense:
(A) the defendant was not arrested or issued a
citation for violation of any other offense;
(B) the defendant did not possess a child
passenger safety seat system in the vehicle; and
(C) the vehicle the defendant was operating was
not involved in a collision [an accident]; and
(2) subsequent to the time of the offense,
the defendant obtained an appropriate child passenger safety seat
system for each child required to be secured in a child passenger
safety seat system under Section 545.412(a).
SECTION 36. Section 545.420(i), Transportation Code, is
amended to read as follows:
(i) This subsection applies only to a motor vehicle used in
the commission of an offense under this section that results in a
collision [an accident] with property damage or personal injury. A
peace officer shall require the vehicle to be taken to the nearest
licensed vehicle storage facility unless the vehicle is seized as
evidence, in which case the vehicle may be taken to a storage
facility as designated by the peace officer
involved. Notwithstanding Article 18.23, Code of Criminal
Procedure, the owner of a motor vehicle that is removed or stored
under this subsection is liable for all removal and storage fees
incurred and is not entitled to take possession of the vehicle until
those fees are paid.
SECTION 37. The heading to Section 545.428, Transportation
Code, is amended to read as follows:
Sec. 545.428. MOTOR VEHICLE COLLISION [ACCIDENT] INVOLVING
PEDESTRIAN OR OTHER VULNERABLE ROAD USER WITHIN AREA OF CROSSWALK;
OFFENSE.
SECTION 38. Section 545.455, Transportation Code, is
amended to read as follows:
Sec. 545.455. DUTIES FOLLOWING COLLISION [ACCIDENT]
INVOLVING AUTOMATED MOTOR VEHICLE. In the event of a collision [an
accident] involving an automated motor vehicle, the automated motor
vehicle or any human operator of the automated motor vehicle shall
comply with Chapter 550.
SECTION 39. Section 547.305(d), Transportation Code, is
amended to read as follows:
(d) A vehicle may be equipped with alternately flashing
lighting equipment described by Section 547.701 or 547.702 only if
the vehicle is:
(1) a school bus;
(2) an authorized emergency vehicle;
(3) a church bus that has the words "church bus"
printed on the front and rear of the bus so as to be clearly
discernable to other vehicle operators;
(4) a tow truck while under the direction of a law
enforcement officer at the scene of a collision [an accident] or
while hooking up to a disabled vehicle on a roadway; or
(5) a tow truck with a mounted light bar which has turn
signals and stop lamps in addition to those required by Sections
547.322, 547.323, and 547.324, Transportation Code.
SECTION 40. Section 547.615(a)(2), Transportation Code, is
amended to read as follows:
(2) "Recording device" means a feature that is
installed by the manufacturer in a motor vehicle and that does any
of the following for the purpose of retrieving information from the
vehicle after a collision [an accident] in which the vehicle has
been involved:
(A) records the speed and direction the vehicle
is traveling;
(B) records vehicle location data;
(C) records steering performance;
(D) records brake performance, including
information on whether brakes were applied before a collision [an
accident];
(E) records the driver's safety belt status; or
(F) transmits information concerning the
collision [accident] to a central communications system when the
collision [accident] occurs.
SECTION 41. Section 547.615(c), Transportation Code, is
amended to read as follows:
(c) Information recorded or transmitted by a recording
device may not be retrieved by a person other than the owner of the
motor vehicle in which the recording device is installed except:
(1) on court order;
(2) with the consent of the owner for any purpose,
including for the purpose of diagnosing, servicing, or repairing
the motor vehicle;
(3) for the purpose of improving motor vehicle safety,
including for medical research on the human body's reaction to
motor vehicle collisions [accidents], if the identity of the owner
or driver of the vehicle is not disclosed in connection with the
retrieved information; or
(4) for the purpose of determining the need for or
facilitating emergency medical response in the event of a motor
vehicle collision [accident].
SECTION 42. Section 548.053(b), Transportation Code, is
amended to read as follows:
(b) A vehicle that is inspected and is subsequently involved
in a collision or other incident [an accident] affecting the safe
operation of an item of inspection must be reinspected following
repair. The reinspection must be at an inspection station and shall
be treated and charged as an initial inspection.
SECTION 43. The heading to Chapter 550, Transportation
Code, is amended to read as follows:
CHAPTER 550. COLLISIONS [ACCIDENTS] AND COLLISION [ACCIDENT]
REPORTS
SECTION 44. The heading to Subchapter B, Chapter 550,
Transportation Code, is amended to read as follows:
SUBCHAPTER B. DUTIES FOLLOWING COLLISION [ACCIDENT]
SECTION 45. Section 550.021, Transportation Code, is
amended to read as follows:
Sec. 550.021. COLLISION [ACCIDENT] INVOLVING PERSONAL
INJURY OR DEATH. (a) The operator of a vehicle involved in a
collision [an accident] that results or is reasonably likely to
result in injury to or death of a person shall:
(1) immediately stop the vehicle at the scene of the
collision [accident] or as close to the scene as possible;
(2) immediately return to the scene of the collision
[accident] if the vehicle is not stopped at the scene of the
collision [accident];
(3) immediately determine whether a person is involved
in the collision [accident], and if a person is involved in the
collision [accident], whether that person requires aid; and
(4) remain at the scene of the collision [accident]
until the operator complies with the requirements of Section
550.023.
(b) An operator of a vehicle required to stop the vehicle by
Subsection (a) shall do so without obstructing traffic more than is
necessary.
(c) A person commits an offense if the person does not stop
or does not comply with the requirements of this section. An
offense under this section:
(1) involving a collision [an accident] resulting in:
(A) death of a person is a felony of the second
degree; or
(B) serious bodily injury, as defined by Section
1.07, Penal Code, to a person is a felony of the third degree; and
(2) involving a collision [an accident] resulting in
injury to which Subdivision (1) does not apply is punishable by:
(A) imprisonment in the Texas Department of
Criminal Justice for not more than five years or confinement in the
county jail for not more than one year;
(B) a fine not to exceed $5,000; or
(C) both the fine and the imprisonment or
confinement.
SECTION 46. The heading to Section 550.022, Transportation
Code, is amended to read as follows:
Sec. 550.022. COLLISION [ACCIDENT] INVOLVING DAMAGE TO
VEHICLE.
SECTION 47. Sections 550.022(a) and (b), Transportation
Code, are amended to read as follows:
(a) Except as provided by Subsection (b), the operator of a
vehicle involved in a collision [an accident] resulting only in
damage to a vehicle that is driven or attended by a person shall:
(1) immediately stop the vehicle at the scene of the
collision [accident] or as close as possible to the scene of the
collision [accident] without obstructing traffic more than is
necessary;
(2) immediately return to the scene of the collision
[accident] if the vehicle is not stopped at the scene of the
collision [accident]; and
(3) remain at the scene of the collision [accident]
until the operator complies with the requirements of Section
550.023.
(b) If a collision [an accident] occurs on a main lane,
ramp, shoulder, median, or adjacent area of a freeway in a
metropolitan area and each vehicle involved can be normally and
safely driven, each operator shall move the operator's vehicle as
soon as possible to a designated collision [accident] investigation
site, if available, a location on the frontage road, the nearest
suitable cross street, or other suitable location to complete the
requirements of Section 550.023 and minimize interference with
freeway traffic.
SECTION 48. Section 550.023, Transportation Code, is
amended to read as follows:
Sec. 550.023. DUTY TO GIVE INFORMATION AND RENDER AID. The
operator of a vehicle involved in a collision [an accident]
resulting in the injury or death of a person or damage to a vehicle
that is driven or attended by a person shall:
(1) give the operator's name and address, the
registration number of the vehicle the operator was driving, and
the name of the operator's motor vehicle liability insurer to any
person injured or the operator or occupant of or person attending a
vehicle involved in the collision;
(2) if requested and available, show the operator's
driver's license to a person described by Subdivision (1); and
(3) provide any person injured in the collision
[accident] reasonable assistance, including transporting or making
arrangements for transporting the person to a physician or hospital
for medical treatment if it is apparent that treatment is
necessary, or if the injured person requests the transportation.
SECTION 49. Section 550.025(a), Transportation Code, is
amended to read as follows:
(a) The operator of a vehicle involved in a collision [an
accident] resulting only in damage to a structure adjacent to a
highway or a fixture or landscaping legally on or adjacent to a
highway shall:
(1) take reasonable steps to locate and notify the
owner or person in charge of the property of the collision
[accident] and of the operator's name and address and the
registration number of the vehicle the operator was driving; and
(2) if requested and available, show the operator's
driver's license to the owner or person in charge of the property.
SECTION 50. Section 550.026, Transportation Code, is
amended to read as follows:
Sec. 550.026. IMMEDIATE REPORT OF COLLISION [ACCIDENT].
(a) The operator of a vehicle involved in a collision [an accident]
resulting in injury to or death of a person or damage to a vehicle to
the extent that it cannot be normally and safely driven shall
immediately by the quickest means of communication give notice of
the collision [accident] to the:
(1) local police department if the collision
[accident] occurred in a municipality;
(2) local police department or the sheriff's office if
the collision [accident] occurred not more than 100 feet outside
the limits of a municipality; or
(3) sheriff's office or the nearest office of the
department if the collision [accident] is not required to be
reported under Subdivision (1) or (2).
(b) If a section of road is within 100 feet of the limits of
more than one municipality, the municipalities may agree regarding
the maintenance of reports made under Subsection (a)(2). A county
may agree with municipalities in the county regarding the
maintenance of reports made under Subsection (a)(2). An agreement
under this subsection does not affect the duty to report a collision
[an accident] under Subsection (a).
SECTION 51. The heading to Subchapter C, Chapter 550,
Transportation Code, is amended to read as follows:
SUBCHAPTER C. INVESTIGATION OF COLLISION [ACCIDENT]
SECTION 52. Section 550.041(a), Transportation Code, is
amended to read as follows:
(a) A peace officer who is notified of a motor vehicle
collision [accident] resulting in injury to or death of a person or
property damage to an apparent extent of at least $1,000 may
investigate the collision [accident] and file justifiable charges
relating to the collision [accident] without regard to whether the
collision [accident] occurred on property to which this chapter
applies.
SECTION 53. The heading to Subchapter D, Chapter 550,
Transportation Code, is amended to read as follows:
SUBCHAPTER D. WRITTEN COLLISION [ACCIDENT] REPORT
SECTION 54. Section 550.062, Transportation Code, is
amended to read as follows:
Sec. 550.062. OFFICER'S COLLISION [ACCIDENT] REPORT. (a)
A law enforcement officer who in the regular course of duty
investigates a motor vehicle collision [accident] shall make a
written report of the collision [accident] if the collision
[accident] resulted in injury to or the death of a person or damage
to the property of any one person to the apparent extent of $1,000
or more.
(b) The report required by Subsection (a) must be filed
electronically with the department not later than the 10th day
after the date of the collision [accident].
(b-1) If the motor vehicle collision [accident] involved a
combination of vehicles operating under a permit issued under
Section 623.402, the report required by Subsection (a) must include
the weight and the number of axles of the vehicle combination.
(c) This section applies without regard to whether the
officer investigates the collision [accident] at the location of
the collision [accident] and immediately after the collision
[accident] or afterwards by interviewing those involved in the
collision [accident] or witnesses to the collision [accident].
SECTION 55. Section 550.063, Transportation Code, is
amended to read as follows:
Sec. 550.063. REPORT ON APPROPRIATE FORM. The form of all
written collision [accident] reports must be approved by the
department and the Department of Public Safety. A person who is
required to file a written collision [accident] report shall report
on the appropriate form and shall disclose all information required
by the form unless the information is not available.
SECTION 56. Section 550.064, Transportation Code, is
amended to read as follows:
Sec. 550.064. COLLISION [ACCIDENT] REPORT FORMS. (a) The
department shall prepare and when requested supply to police
departments, coroners, sheriffs, garages, and other suitable
agencies or individuals the collision [accident] report forms
appropriate for the persons required to make a report and
appropriate for the purposes to be served by those reports.
(b) A collision [An accident] report form prepared by the
department must:
(1) require sufficiently detailed information to
disclose the cause and conditions of and the persons and vehicles
involved in a collision [an accident] if the form is for the report
to be made by a person investigating the collision [accident];
(2) include a way to designate and identify a peace
officer, firefighter, or emergency medical services employee who is
involved in a collision [an accident] while driving a law
enforcement vehicle, fire department vehicle, or emergency medical
services vehicle while performing the person's duties;
(3) require a statement by a person described by
Subdivision (2) as to the nature of the collision [accident]; and
(4) include a way to designate whether an individual
involved in a collision [an accident] wants to be contacted by a
person seeking to obtain employment as a professional described by
Section 38.01(12), Penal Code.
SECTION 57. Section 550.065, Transportation Code, is
amended to read as follows:
Sec. 550.065. RELEASE OF CERTAIN INFORMATION RELATING TO
COLLISIONS [ACCIDENTS]. (a) This section applies only to the
following information that is held by the department or another
governmental entity:
(1) a written report of a collision [an accident]
required under:
(A) Section 550.062; or
(B) former Section 550.061 or 601.004 before
September 1, 2017; or
(2) collision [accident] report information compiled
under Section 201.806.
(b) Except as provided by Subsection (c), (c-1), or (e), the
information is privileged and for the confidential use of:
(1) the department; and
(2) an agency of the United States, this state, or a
local government of this state that has use for the information for
collision [accident] prevention purposes.
(c) On written request and payment of any required fee, the
department or the governmental entity shall release the information
to:
(1) an entity described by Subsection (b);
(2) the law enforcement agency that employs the peace
officer who investigated the collision [accident] and sent the
information to the department, including an agent of the law
enforcement agency authorized by contract to obtain the
information;
(3) the court in which a case involving a person
involved in the collision [accident] is pending if the report is
subpoenaed; or
(4) any person directly concerned in the collision
[accident] or having a proper interest therein, including:
(A) any person involved in the collision
[accident];
(B) the authorized representative of any person
involved in the collision [accident];
(C) a driver involved in the collision
[accident];
(D) an employer, parent, or legal guardian of a
driver involved in the collision [accident];
(E) the owner of a vehicle or property damaged in
the collision [accident];
(F) a person who has established financial
responsibility for a vehicle involved in the collision [accident]
in a manner described by Section 601.051, including a policyholder
of a motor vehicle liability insurance policy covering the vehicle;
(G) an insurance company that issued an insurance
policy covering a vehicle involved in the collision [accident];
(H) an insurance company that issued a policy
covering any person involved in the collision [accident];
(I) a person under contract to provide claims or
underwriting information to a person described by Paragraph (F),
(G), or (H);
(J) a radio or television station that holds a
license issued by the Federal Communications Commission;
(K) a newspaper that is:
(i) a free newspaper of general circulation
or qualified under Section 2051.044, Government Code, to publish
legal notices;
(ii) published at least once a week; and
(iii) available and of interest to the
general public in connection with the dissemination of news; or
(L) any person who may sue because of death
resulting from the collision [accident].
(c-1) On receiving information to which this section
applies, the department or the governmental entity that receives
the information shall create a redacted collision [accident] report
that may be requested by any person. The redacted collision
[accident] report may not include the items of information
described by Subsection (f)(2). A report released under this
subsection is not considered personal information under Section
730.003.
(d) The fee for a copy of the collision [accident] report is
$6. The copy may be certified by the department or the
governmental entity for an additional fee of $2. The department or
the governmental entity may issue a certification that no report or
information is on file for a fee of $6.
(e) In addition to the information required to be released
under Subsection (c), the department may release:
(1) collision [accident] report information compiled
under Section 201.806; or
(2) a vehicle identification number and specific
collision [accident] information relating to that vehicle.
(f) The department when releasing information under
Subsection (c-1) or (e):
(1) may not release personal information, as defined
by Section 730.003; and
(2) shall withhold or redact the following items:
(A) the first, middle, and last name of any
person listed in a collision [an accident] report, including a
vehicle driver, occupant, owner, or lessee, a bicyclist, a
pedestrian, or a property owner;
(B) the number of any driver's license,
commercial driver's license, or personal identification
certificate issued to any person listed in a collision [an
accident] report;
(C) the date of birth, other than the year, of any
person listed in a collision [an accident] report;
(D) the address, other than zip code, and
telephone number of any person listed in a collision [an accident]
report;
(E) the license plate number of any vehicle
listed in a collision [an accident] report;
(F) the name of any insurance company listed as a
provider of financial responsibility for a vehicle listed in a
collision [an accident] report;
(G) the number of any insurance policy issued by
an insurance company listed as a provider of financial
responsibility;
(H) the date the peace officer who investigated
the collision [accident] was notified of the collision [accident];
(I) the date the investigating peace officer
arrived at the collision [accident] site;
(J) the badge number or identification number of
the investigating officer;
(K) the date on which any person who died as a
result of the collision [accident] died;
(L) the date of any commercial motor vehicle
report; and
(M) the place where any person injured or killed
in a collision [an accident] was taken and the person or entity that
provided the transportation.
(g) The amount that may be charged for information provided
under Subsection (e) shall be calculated in the manner specified by
Chapter 552, Government Code, for public information provided by a
governmental body under that chapter.
SECTION 58. Section 550.066, Transportation Code, is
amended to read as follows:
Sec. 550.066. ADMISSIBILITY OF CERTAIN COLLISION
[ACCIDENT] REPORT INFORMATION. An individual's response to the
information requested on a collision [an accident] report form as
provided by Section 550.064(b)(4) is not admissible evidence in a
civil trial.
SECTION 59. Section 550.067, Transportation Code, is
amended to read as follows:
Sec. 550.067. MUNICIPAL AUTHORITY TO REQUIRE COLLISION
[ACCIDENT] REPORTS. (a) A municipality by ordinance may require
the operator of a vehicle involved in a collision [an accident] to
file with a designated municipal department:
(1) a report of the collision [accident], if the
collision [accident] results in injury to or the death of a person
or the apparent total property damage is $25 or more; or
(2) a copy of a report required by this chapter to be
filed with the department.
(b) A report filed under Subsection (a) is for the
confidential use of the municipal department and subject to the
provisions of Section 550.065.
(c) A municipality by ordinance may require the person in
charge of a garage or repair shop where a motor vehicle is brought
if the vehicle shows evidence of having been involved in a collision
[an accident] described by Section 550.062(a) or shows evidence of
having been struck by a bullet to report to a department of the
municipality within 24 hours after the garage or repair shop
receives the motor vehicle, giving the engine number, registration
number, and the name and address of the owner or operator of the
vehicle.
SECTION 60. Section 550.068, Transportation Code, is
amended to read as follows:
Sec. 550.068. CHANGING COLLISION [ACCIDENT] REPORT.
(a) Except as provided by Subsection (b), a change in or a
modification of a written report of a motor vehicle collision
[accident] prepared by a peace officer that alters a material fact
in the report may be made only by the peace officer who prepared the
report.
(b) A change in or a modification of the written report of
the collision [accident] may be made by a person other than the
peace officer if:
(1) the change is made by a written supplement to the
report; and
(2) the written supplement clearly indicates the name
of the person who originated the change.
SECTION 61. Sections 550.081(b) and (c), Transportation
Code, are amended to read as follows:
(b) A medical examiner or justice of the peace acting as
coroner in a county that does not have a medical examiner's office
or that is not part of a medical examiner's district shall submit a
report in writing to the department of the death of a person that
was the result of a traffic collision [accident] or bridge
collapse:
(1) to which this chapter applies; and
(2) that occurred within the jurisdiction of the
medical examiner or justice of the peace in the preceding calendar
quarter.
(c) The report must be submitted before the 11th day of each
calendar month and include:
(1) the name of the deceased and a statement as to
whether the deceased was:
(A) the operator of or a passenger in a vehicle
[involved in the accident]; or
(B) a pedestrian or other nonoccupant of a
vehicle;
(2) the date of the collision [accident] and the name
of the county in which the collision [accident] occurred, and, if a
bridge collapse, the location of the bridge in that county;
(3) the name of any laboratory, medical examiner's
office, or other facility that conducted toxicological testing
relative to the deceased; and
(4) the results of any toxicological testing that was
conducted.
SECTION 62. Section 601.002(3), Transportation Code, is
amended to read as follows:
(3) "Financial responsibility" means the ability to
respond in damages for liability for a collision [an accident]
that:
(A) occurs after the effective date of the
document evidencing the establishment of the financial
responsibility; and
(B) arises out of the ownership, maintenance, or
use of a motor vehicle.
SECTION 63. Section 601.003(b), Transportation Code, is
amended to read as follows:
(b) For purposes of this chapter, a judgment is considered
to be satisfied as to the appropriate part of the judgment set out
by this subsection if:
(1) the total amount credited on one or more judgments
for bodily injury to or death of one person resulting from one
collision [accident] equals or exceeds the amount required under
Section 601.072(a-1)(1) [601.072(a)(1)] to establish financial
responsibility;
(2) the total amount credited on one or more judgments
for bodily injury to or death of two or more persons resulting from
one collision [accident] equals or exceeds the amount required
under Section 601.072(a-1)(2) [601.072(a)(2)] to establish
financial responsibility; or
(3) the total amount credited on one or more judgments
for damage to or destruction of property of another resulting from
one collision [accident] equals or exceeds the amount required
under Section 601.072(a-1)(3) [601.072(a)(3)] to establish
financial responsibility.
SECTION 64. Section 601.006, Transportation Code, is
amended to read as follows:
Sec. 601.006. APPLICABILITY TO CERTAIN OWNERS AND
OPERATORS. If an owner or operator of a motor vehicle involved in a
collision [an accident] in this state does not have a driver's
license or vehicle registration or is a nonresident, the person may
not be issued a driver's license or registration until the person
has complied with this chapter to the same extent that would be
necessary if, at the time of the collision [accident], the person
had a driver's license or registration.
SECTION 65. Sections 601.009(b) and (c), Transportation
Code, are amended to read as follows:
(b) Except as provided by Subsection (c), the department
shall suspend the resident's driver's license and vehicle
registrations if the evidence shows that the resident's operating
privilege was suspended in the other state or the province for
violation of a financial responsibility law under circumstances
that would require the department to suspend a nonresident's
operating privilege had the collision [accident] occurred in this
state.
(c) The department may not suspend the resident's driver's
license and registration if the alleged failure to comply is based
on the failure of the resident's insurance company or surety
company to:
(1) obtain authorization to write motor vehicle
liability insurance in the other state or the province; or
(2) execute a power of attorney directing the
appropriate official in the other state or the province to accept on
the company's behalf service of notice or process in an action under
the policy arising out of a collision [an accident].
SECTION 66. Section 601.053(a), Transportation Code, is
amended to read as follows:
(a) As a condition of operating in this state a motor
vehicle to which Section 601.051 applies, the operator of the
vehicle on request shall provide to a peace officer, as defined by
Article 2.12, Code of Criminal Procedure, or a person involved in a
collision [an accident] with the operator evidence of financial
responsibility by exhibiting:
(1) a motor vehicle liability insurance policy
covering the vehicle that satisfies Subchapter D or a photocopy of
the policy;
(2) a standard proof of motor vehicle liability
insurance form prescribed by the Texas Department of Insurance
under Section 601.081 and issued by a liability insurer for the
motor vehicle;
(2-a) an image displayed on a wireless communication
device that includes the information required by Section 601.081 as
provided by a liability insurer;
(3) an insurance binder that confirms the operator is
in compliance with this chapter;
(4) a surety bond certificate issued under Section
601.121;
(5) a certificate of a deposit with the comptroller
covering the vehicle issued under Section 601.122;
(6) a copy of a certificate of a deposit with the
appropriate county judge covering the vehicle issued under Section
601.123; or
(7) a certificate of self-insurance covering the
vehicle issued under Section 601.124 or a photocopy of the
certificate.
SECTION 67. Section 601.056(e), Transportation Code, is
amended to read as follows:
(e) The department may not act under Subsection (a)(1) or
(2) if:
(1) an action for damages on a liability covered by the
evidence of financial responsibility is pending;
(2) a judgment for damages on a liability covered by
the evidence of financial responsibility is not satisfied; or
(3) the person for whom the bond has been filed or for
whom money or securities have been deposited has, within the two
years preceding the request for cancellation or return of the
evidence of financial responsibility, been involved as an operator
or owner in a motor vehicle collision [accident] resulting in
bodily injury to, or property damage to the property of, another
person.
SECTION 68. Sections 601.072(a-1) and (b), Transportation
Code, are amended to read as follows:
(a-1) Effective January 1, 2011, the minimum amounts of
motor vehicle liability insurance coverage required to establish
financial responsibility under this chapter are:
(1) $30,000 for bodily injury to or death of one person
in one collision [accident];
(2) $60,000 for bodily injury to or death of two or
more persons in one collision [accident], subject to the amount
provided by Subdivision (1) for bodily injury to or death of one of
the persons; and
(3) $25,000 for damage to or destruction of property
of others in one collision [accident].
(b) The coverage required under this section may exclude,
with respect to one collision [accident]:
(1) the first $250 of liability for bodily injury to or
death of one person;
(2) the first $500 of liability for bodily injury to or
death of two or more persons, subject to the amount provided by
Subdivision (1) for bodily injury to or death of one of the persons;
and
(3) the first $250 of liability for property damage to
or destruction of property of others.
SECTION 69. Section 601.084(c), Transportation Code, is
amended to read as follows:
(c) The department shall accept the certificate of an
insurer not authorized to transact business in this state if the
certificate otherwise complies with this chapter and the insurance
company:
(1) executes a power of attorney authorizing the
department to accept on its behalf service of notice or process in
an action arising out of a motor vehicle collision [accident] in
this state; and
(2) agrees in writing that its policies will be
treated as conforming to the laws of this state relating to the
terms of a motor vehicle liability insurance policy.
SECTION 70. Section 601.086, Transportation Code, is
amended to read as follows:
Sec. 601.086. RESPONSE OF INSURANCE COMPANY IF POLICY NOT
IN EFFECT. An insurance company that is notified by the department
of a collision [an accident] in connection with which an owner or
operator has reported a motor vehicle liability insurance policy
with the company shall advise the department if a policy is not in
effect as reported.
SECTION 71. Section 601.124(c), Transportation Code, is
amended to read as follows:
(c) The self-insurer must supplement the certificate with
an agreement that, for collisions [accidents] occurring while the
certificate is in force, the self-insurer will pay the same
judgments in the same amounts as an insurer would be obligated to
pay under an owner's motor vehicle liability insurance policy
issued to the self-insurer if such policy were issued.
SECTION 72. The heading to Subchapter F, Chapter 601,
Transportation Code, is amended to read as follows:
SUBCHAPTER F. SECURITY FOLLOWING COLLISION [ACCIDENT]
SECTION 73. Section 601.151, Transportation Code, is
amended to read as follows:
Sec. 601.151. APPLICABILITY OF SUBCHAPTER. (a) This
subchapter applies only to a motor vehicle collision [accident] in
this state that results in bodily injury or death or in damage to
the property of one person of at least $1,000.
(b) This subchapter does not apply to:
(1) an owner or operator who has in effect at the time
of the collision [accident] a motor vehicle liability insurance
policy that covers the motor vehicle involved in the collision
[accident];
(2) an operator who is not the owner of the motor
vehicle, if a motor vehicle liability insurance policy or bond for
the operation of a motor vehicle the person does not own is in
effect at the time of the collision [accident];
(3) an owner or operator whose liability for damages
resulting from the collision [accident], in the judgment of the
department, is covered by another liability insurance policy or
bond;
(4) an owner or operator, if there was not bodily
injury to or damage of the property of a person other than the owner
or operator;
(5) the owner or operator of a motor vehicle that at
the time of the collision [accident] was legally parked or legally
stopped at a traffic signal;
(6) the owner of a motor vehicle that at the time of
the collision [accident] was being operated without the owner's
express or implied permission or was parked by a person who had been
operating the vehicle without that permission; or
(7) a person qualifying as a self-insurer under
Section 601.124 or a person operating a motor vehicle for a
self-insurer.
SECTION 74. Section 601.152(a), Transportation Code, is
amended to read as follows:
(a) Subject to Section 601.153, the department shall
suspend the driver's license and vehicle registrations of the owner
and operator of a motor vehicle if:
(1) the vehicle is involved in any manner in a
collision [an accident]; and
(2) the department finds that there is a reasonable
probability that a judgment will be rendered against the person as a
result of the collision [accident].
SECTION 75. Sections 601.154(a), (c), and (d),
Transportation Code, are amended to read as follows:
(a) Subject to Subsection (d), if the department finds that
there is a reasonable probability that a judgment will be rendered
against an owner or operator as a result of a collision [an
accident], the department shall determine the amount of security
sufficient to satisfy any judgment for damages resulting from the
collision [accident] that may be recovered from the owner or
operator.
(c) In determining whether there is a reasonable
probability that a judgment will be rendered against the person as a
result of a collision [an accident] and the amount of security that
is sufficient under Subsection (a), the department may consider:
(1) a report of an investigating officer; and
(2) an affidavit of a person who has knowledge of the
facts.
(d) The department shall make the determination required by
Subsection (a) only if the department has not received, before the
21st day after the date the department receives a report of a motor
vehicle collision [accident], satisfactory evidence that the owner
or operator has:
(1) been released from liability;
(2) been finally adjudicated not to be liable; or
(3) executed an acknowledged written agreement
providing for the payment of an agreed amount in installments for
all claims for injuries or damages resulting from the collision
[accident].
SECTION 76. Section 601.155(b), Transportation Code, is
amended to read as follows:
(b) The notice must state that:
(1) the person's driver's license and vehicle
registration or the person's nonresident's operating privilege will
be suspended unless the person, not later than the 20th day after
the date the notice was personally served or sent, establishes
that:
(A) this subchapter does not apply to the person,
and the person has previously provided this information to the
department; or
(B) there is no reasonable probability that a
judgment will be rendered against the person as a result of the
collision [accident]; and
(2) the person is entitled to a hearing under this
subchapter if a written request for a hearing is delivered or mailed
to the department not later than the 20th day after the date the
notice was personally served or sent.
SECTION 77. Section 601.157(b), Transportation Code, is
amended to read as follows:
(b) The judge at the hearing shall determine:
(1) whether there is a reasonable probability that a
judgment will be rendered against the person requesting the hearing
as a result of the collision [accident]; and
(2) if there is a reasonable probability that a
judgment will be rendered, the amount of security sufficient to
satisfy any judgment for damages resulting from the collision
[accident].
SECTION 78. Section 601.158(a), Transportation Code, is
amended to read as follows:
(a) If, after a hearing under this subchapter, the judge
determines that there is a reasonable probability that a judgment
will be rendered against the person requesting the hearing as a
result of the collision [accident], the person may appeal the
determination.
SECTION 79. Section 601.162(a), Transportation Code, is
amended to read as follows:
(a) The suspension of a driver's license, vehicle
registration, or nonresident's operating privilege under this
subchapter remains in effect, the license, registration, or
privilege may not be renewed, and a license or vehicle registration
may not be issued to the holder of the suspended license,
registration, or privilege, until:
(1) the date the person, or a person acting on the
person's behalf, deposits security and files evidence of financial
responsibility under Section 601.153;
(2) the second anniversary of the date of the
collision [accident], if evidence satisfactory to the department is
filed with the department that, during the two-year period, an
action for damages arising out of the collision [accident] has not
been instituted; or
(3) the date evidence satisfactory to the department
is filed with the department of:
(A) a release from liability for claims arising
out of the collision [accident];
(B) a final adjudication that the person is not
liable for claims arising out of the collision [accident]; or
(C) an installment agreement described by
Section 601.154(d)(3).
SECTION 80. Section 601.163(b), Transportation Code, is
amended to read as follows:
(b) A person depositing security shall specify in writing
the person on whose behalf the deposit is made. A single deposit of
security is applicable only on behalf of persons required to
provide security because of the same collision [accident] and the
same motor vehicle.
SECTION 81. Section 601.164(a), Transportation Code, is
amended to read as follows:
(a) The department may reduce the amount of security ordered
in a case within six months after the date of the collision
[accident] if, in the department's judgment, the amount is
excessive.
SECTION 82. Section 601.166, Transportation Code, is
amended to read as follows:
Sec. 601.166. PAYMENT OF CASH SECURITY. (a) Cash security
may be applied only to the payment of:
(1) a judgment rendered against the person on whose
behalf the deposit is made for damages arising out of the collision
[accident]; or
(2) a settlement, agreed to by the depositor, of a
claim arising out of the collision [accident].
(b) For payment under Subsection (a), the action under which
the judgment was rendered must have been instituted before the
second anniversary of the later of:
(1) the date of the collision [accident]; or
(2) the date of the deposit, in the case of a deposit
of security under Section 601.162(b).
SECTION 83. Section 601.167, Transportation Code, is
amended to read as follows:
Sec. 601.167. RETURN OF CASH SECURITY. Cash security or any
balance of the security shall be returned to the depositor or the
depositor's personal representative when:
(1) evidence satisfactory to the department is filed
with the department that there has been:
(A) a release of liability;
(B) a final adjudication that the person on whose
behalf the deposit is made is not liable; or
(C) an agreement as described by Section
601.154(d)(3);
(2) reasonable evidence is provided to the department
after the second anniversary of the date of the collision
[accident] that no action arising out of the collision [accident]
is pending and no judgment rendered in such an action is unpaid; or
(3) in the case of a deposit of security under Section
601.162(b), reasonable evidence is provided to the department after
the second anniversary of the date of the deposit that no action
arising out of the collision [accident] is pending and no unpaid
judgment rendered in such an action is unpaid.
SECTION 84. Section 601.168(b), Transportation Code, is
amended to read as follows:
(b) A bond or motor vehicle liability insurance policy
issued by a surety company or insurance company that is not
authorized to do business in this state is effective under this
subchapter only if:
(1) the bond or policy is issued for a motor vehicle
that:
(A) is not registered in this state; or
(B) was not registered in this state on the
effective date of the most recent renewal of the policy; and
(2) the surety company or insurance company executes a
power of attorney authorizing the department to accept on the
company's behalf service of notice or process in an action arising
out of the collision [accident] on the bond or policy.
SECTION 85. Section 601.169, Transportation Code, is
amended to read as follows:
Sec. 601.169. REASONABLE PROBABILITY NOT ADMISSIBLE IN
CIVIL SUIT. A determination under Section 601.154 or 601.157 that
there is a reasonable probability that a judgment will be rendered
against a person as a result of a collision [an accident] may not be
introduced in evidence in a suit for damages arising from that
collision [accident].
SECTION 86. Section 601.291, Transportation Code, is
amended to read as follows:
Sec. 601.291. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to the owner or operator of a motor vehicle that:
(1) is not registered in this state; and
(2) is involved in a motor vehicle collision
[accident] in this state that results in bodily injury, death, or
damage to the property of one person to an apparent extent of at
least $500.
SECTION 87. Section 601.292, Transportation Code, is
amended to read as follows:
Sec. 601.292. DUTY TO PROVIDE EVIDENCE OF FINANCIAL
RESPONSIBILITY TO INVESTIGATING OFFICER. A person to whom this
subchapter applies shall provide evidence of financial
responsibility to a law enforcement officer of this state or a
political subdivision of this state who is conducting an
investigation of the collision [accident].
SECTION 88. Sections 601.293(b), (c), and (d),
Transportation Code, are amended to read as follows:
(b) The magistrate shall conduct an inquiry on the issues of
negligence and liability for bodily injury, death, or property
damage sustained in the collision [accident].
(c) If the magistrate determines that there is a reasonable
possibility that a judgment will be rendered against the person for
bodily injury, death, or property damage sustained in the collision
[accident], the magistrate shall order the person to provide:
(1) evidence of financial responsibility for the
bodily injury, death, or property damage; or
(2) evidence that the person is exempt from the
requirement of Section 601.051.
(d) A determination of negligence or liability under
Subsection (c) does not act as collateral estoppel on an issue in a
criminal or civil adjudication arising from the collision
[accident].
SECTION 89. Section 601.294, Transportation Code, is
amended to read as follows:
Sec. 601.294. IMPOUNDMENT OF MOTOR VEHICLE. If a person to
whom this subchapter applies does not provide evidence required
under Section 601.293(c), the magistrate shall enter an order
directing the sheriff of the county or the chief of police of the
municipality to impound the motor vehicle owned or operated by the
person that was involved in the collision [accident].
SECTION 90. Section 601.296(a), Transportation Code, is
amended to read as follows:
(a) The department shall issue a certificate of release of
an impounded motor vehicle to the owner, operator, or person
authorized by the owner on submission to the department of:
(1) evidence of financial responsibility under
Section 601.053 that shows that at the time of the collision
[accident] the vehicle was in compliance with Section 601.051 or
was exempt from the requirement of Section 601.051;
(2) a release executed by each person damaged in the
collision [accident] other than the operator of the vehicle for
which the certificate of release is requested; or
(3) security in a form and amount determined by the
department to secure the payment of damages for which the operator
may be liable.
SECTION 91. Section 601.333, Transportation Code, is
amended to read as follows:
Sec. 601.333. RELIEF FROM SUSPENSION: MOTOR VEHICLE
LIABILITY INSURANCE. (a) A person whose driver's license, vehicle
registrations, or nonresident's operating privilege has been
suspended or is subject to suspension under Section 601.332 may
file with the department:
(1) evidence that there was a motor vehicle liability
insurance policy covering the motor vehicle involved in the
collision [accident] out of which the judgment arose in effect at
the time of the collision [accident];
(2) an affidavit stating that the person was insured
at the time of the collision [accident], that the insurance company
is liable to pay the judgment, and the reason, if known, that the
insurance company has not paid the judgment;
(3) the original policy of insurance or a certified
copy of the policy, if available; and
(4) any other documents required by the department to
show that the loss, injury, or damage for which the judgment was
rendered was covered by the insurance.
(b) The department may not suspend the driver's license,
vehicle registrations, or nonresident's operating privilege, and
shall reinstate a license, registration, or privilege that has been
suspended, if it is satisfied from the documents filed under
Subsection (a) that:
(1) there was a motor vehicle liability insurance
policy in effect for the vehicle at the time of the collision
[accident];
(2) the insurance company that issued the policy was
authorized to issue the policy in this state at the time the policy
was issued; and
(3) the insurance company is liable to pay the
judgment to the extent and for the amounts required by this chapter.
SECTION 92. Section 622.954(a), Transportation Code, is
amended to read as follows:
(a) A permit is not required to exceed the weight
limitations of Section 621.101 by a combination of a tow truck and
another vehicle or vehicle combination if:
(1) the nature of the service provided by the tow truck
is needed to remove disabled, abandoned, or collision-damaged
[accident-damaged] vehicles; and
(2) the tow truck is towing the other vehicle or
vehicle combination directly to the nearest authorized place of
repair, terminal, or vehicle storage facility.
SECTION 93. Section 623.0172(l), Transportation Code, is
amended to read as follows:
(l) Beginning in 2022, not later than September 1 of each
even-numbered year, the Texas Department of Transportation shall
conduct a study concerning vehicles operating under a permit issued
under this section and publish the results of the study. In
conducting the study, the Texas Department of Transportation shall
collect and examine the following information:
(1) the weight and configuration of vehicles operating
under a permit under this section that are involved in a motor
vehicle collision [accident];
(2) the types of vehicles operating under a permit
issued under this section;
(3) traffic volumes and variations of vehicles
operating under a permit issued under this section;
(4) weigh-in-motion data for highways located in and
around the area described by Subsection (c);
(5) impacts to state and local bridges, including
long-term bridge performance, for bridges located in and around the
area described by Subsection (c); and
(6) impacts to state and local roads, including
changes in pavement design standards, construction specification
details, maintenance frequency and types, and properties of
pavement and underlying soils resulting from or necessitated by
vehicles operating under a permit issued under this section.
SECTION 94. Section 623.410, Transportation Code, is
amended to read as follows:
Sec. 623.410. STUDY. Beginning in 2022, not later than
September 1 of each even-numbered year, the Texas Department of
Transportation shall conduct a study concerning vehicles operating
under a permit issued under this subchapter and publish the results
of the study. In conducting the study, the Texas Department of
Transportation shall collect and examine the following
information:
(1) the weight and configuration of vehicles operating
under a permit issued under this subchapter that are involved in a
motor vehicle collision [accident];
(2) the types of vehicles operating under a permit
issued under this subchapter;
(3) traffic volumes and variations of vehicles
operating under a permit issued under this subchapter;
(4) weigh-in-motion data for highways and roads
located in and around the area described by Section 623.405(b);
(5) impacts to state and local bridges, including
long-term bridge performance, for bridges located in and around the
area described by Section 623.405(b); and
(6) impacts to state and local roads, including
changes in pavement design standards, construction specification
details, maintenance frequency and types, and properties of
pavement and underlying soils resulting from or necessitated by
vehicles operating under a permit issued under this subchapter.
SECTION 95. Section 643.105, Transportation Code, is
amended to read as follows:
Sec. 643.105. INSOLVENCY OF INSURER. If an insurer for a
motor carrier becomes insolvent, is placed in receivership, or has
its certificate of authority suspended or revoked and if the
carrier no longer has insurance coverage as required by this
subchapter, the carrier shall file with the department, not later
than the 10th day after the date the coverage lapses:
(1) evidence of insurance as required by Section
643.103; and
(2) an affidavit that:
(A) indicates that a collision [an accident] from
which the carrier may incur liability did not occur while the
coverage was not in effect; or
(B) contains a plan acceptable to the department
indicating how the carrier will satisfy claims of liability against
the carrier for a collision [an accident] that occurred while the
coverage was not in effect.
SECTION 96. Section 644.151(b-1), Transportation Code, is
amended to read as follows:
(b-1) An offense under Subsection (a)(3) is a Class A
misdemeanor, except that the offense is:
(1) a state jail felony if it is shown on the trial of
the offense that at the time of the offense the commercial motor
vehicle was involved in a motor vehicle collision [accident] that
resulted in bodily injury; or
(2) a felony of the second degree if it is shown on the
trial of the offense that at the time of the offense the commercial
motor vehicle was involved in a motor vehicle collision [accident]
that resulted in the death of a person.
SECTION 97. Sections 661.003(c) and (i), Transportation
Code, are amended to read as follows:
(c) It is an exception to the application of Subsection (a)
or (b) that at the time the offense was committed, the person
required to wear protective headgear was at least 21 years old and
had successfully completed a motorcycle operator training and
safety course under Chapter 662 or was covered by a health insurance
plan providing the person with medical benefits for injuries
incurred as a result of a collision [an accident] while operating or
riding on a motorcycle. A peace officer may not arrest a person or
issue a citation to a person for a violation of Subsection (a) or
(b) if the person required to wear protective headgear is at least
21 years of age and presents evidence sufficient to show that the
person required to wear protective headgear has successfully
completed a motorcycle operator training and safety course or is
covered by a health insurance plan as described by this subsection.
(i) In this section, "health insurance plan" means an
individual, group, blanket, or franchise insurance policy,
insurance agreement, evidence of coverage, group hospital services
contract, health maintenance organization membership, or employee
benefit plan that provides benefits for health care services or for
medical or surgical expenses incurred as a result of a collision [an
accident].
SECTION 98. Section 686.001(1), Transportation Code, is
amended to read as follows:
(1) "Financial responsibility" means the ability to
respond in damages for liability for a collision [an accident]
that:
(A) occurs after the effective date of the
document evidencing the establishment of the financial
responsibility; and
(B) arises out of the operation of a motor
vehicle by an employee of a valet parking service.
SECTION 99. Section 686.004(a), Transportation Code, is
amended to read as follows:
(a) The minimum amounts of motor vehicle liability
insurance coverage required to establish financial responsibility
under this chapter are:
(1) $100,000 for bodily injury to or death of one
person in one collision [accident];
(2) $300,000 for bodily injury to or death of two or
more persons in one collision [accident], subject to the amount
provided by Subdivision (1) for bodily injury to or death of one of
the persons; and
(3) $50,000 for damage to or destruction of property
of others in one collision [accident].
SECTION 100. Section 686.005, Transportation Code, is
amended to read as follows:
Sec. 686.005. COMMON LAW DEFENSES. In an action against an
owner or operator of a valet parking service that has not
established financial responsibility as required by this chapter to
recover damages for personal injuries, death, or property damage
sustained in a motor vehicle collision [accident] arising out of
the operation of a valet parking service, it is not a defense that
the party who brings the action:
(1) was guilty of contributory negligence; or
(2) assumed the risk of injury, death, or property
damage.
SECTION 101. Section 709.002(e), Transportation Code, is
amended to read as follows:
(e) Of the money received by the comptroller under this
section, the comptroller shall deposit:
(1) 80 percent to the credit of the undedicated
portion of the general revenue fund, to be used only for criminal
justice purposes; and
(2) 20 percent to the credit of the designated trauma
facility and emergency medical services account under Section
780.003, Health and Safety Code, to be used only for the criminal
justice purpose of funding designated trauma facilities, county and
regional emergency medical services, and trauma care systems that
provide trauma care and emergency medical services to victims of
collisions [accidents] resulting from traffic offenses.
SECTION 102. Section 723.011(a), Transportation Code, is
amended to read as follows:
(a) The governor shall:
(1) prepare and administer a statewide traffic safety
program designed to reduce traffic collisions [accidents] and the
death, injury, and property damage that result from traffic
collisions [accidents];
(2) adopt rules for the administration of this
chapter, including rules, procedures, and policy statements
governing grants-in-aid and contractual relations;
(3) receive on the state's behalf for the
implementation of this chapter money made available by the United
States under federal law; and
(4) allocate money appropriated by the legislature in
the General Appropriations Act to implement this chapter.
SECTION 103. Section 723.012, Transportation Code, is
amended to read as follows:
Sec. 723.012. TRAFFIC SAFETY PROGRAM. The statewide
traffic safety program must include:
(1) a driver education and training program
administered by the governor through appropriate agencies that
complies with Section 723.013;
(2) plans for improving:
(A) driver licensing;
(B) collision [accident] records;
(C) vehicle inspection, registration, and
titling;
(D) traffic engineering;
(E) personnel;
(F) police traffic supervision;
(G) traffic courts;
(H) highway design; and
(I) uniform traffic laws; and
(3) plans for local traffic safety programs by legal
and political subdivisions of this state that may be implemented if
the programs:
(A) are approved by the governor; and
(B) conform with uniform standards adopted under
the Highway Safety Act of 1966 (23 U.S.C. Sec. 401 et seq.).
SECTION 104. Section 723.013(a), Transportation Code, is
amended to read as follows:
(a) The statewide driver education and training program
required by Section 723.012 shall provide for:
(1) rules that permit controlled innovation and
experimentation and that set minimum standards for:
(A) classroom instruction;
(B) driving skills training;
(C) instructor qualifications;
(D) program content; and
(E) supplementary materials and equipment;
(2) a method for continuing evaluation of approved
driver education and training programs to identify the practices
most effective in preventing traffic collisions [accidents]; and
(3) contracts between the governing bodies of
centrally located independent school districts or other
appropriate public or private agencies and the state to provide
approved driver education and training programs.
SECTION 105. Sections 724.012(a-1) and (b), Transportation
Code, are amended to read as follows:
(a-1) A peace officer shall require the taking of a specimen
of the person's blood if:
(1) the officer arrests the person for an offense
under Chapter 49, Penal Code, involving the operation of a motor
vehicle or a watercraft;
(2) the person refuses the officer's request to submit
to the taking of a specimen voluntarily;
(3) the person was the operator of a motor vehicle or a
watercraft involved in a collision [an accident] that the officer
reasonably believes occurred as a result of the offense; and
(4) at the time of the arrest, the officer reasonably
believes that as a direct result of the collision [accident] any
individual has died, will die, or has suffered serious bodily
injury.
(b) Subject to Subsection (a-1), a peace officer shall
require the taking of a specimen of the person's breath or blood
under any of the following circumstances if the officer arrests the
person for an offense under Chapter 49, Penal Code, involving the
operation of a motor vehicle or a watercraft and the person refuses
the officer's request to submit to the taking of a specimen
voluntarily:
(1) the person was the operator of a motor vehicle or a
watercraft involved in a collision [an accident] that the officer
reasonably believes occurred as a result of the offense and, at the
time of the arrest, the officer reasonably believes that as a direct
result of the collision [accident] an individual other than the
person has suffered bodily injury and been transported to a
hospital or other medical facility for medical treatment;
(2) the offense for which the officer arrests the
person is an offense under Section 49.045, Penal Code; or
(3) at the time of the arrest, the officer possesses or
receives reliable information from a credible source that the
person:
(A) has been previously convicted of or placed on
community supervision for an offense under Section 49.045, 49.07,
or 49.08, Penal Code, or an offense under the laws of another state
containing elements substantially similar to the elements of an
offense under those sections; or
(B) on two or more occasions, has been previously
convicted of or placed on community supervision for an offense
under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an
offense under the laws of another state containing elements
substantially similar to the elements of an offense under those
sections.
SECTION 106. Section 726.002, Transportation Code, is
amended to read as follows:
Sec. 726.002. TESTING AND INSPECTION OF MOTOR VEHICLES. A
municipality may adopt an ordinance:
(1) requiring each resident of the municipality,
including a corporation having its principal office or place of
business in the municipality, who owns a motor vehicle used for the
transportation of persons or property and each person operating a
motor vehicle on the public thoroughfares of the municipality to
have each motor vehicle owned or operated, as appropriate, tested
and inspected not more than four times in each calendar year;
(2) requiring each motor vehicle involved in a
collision [an accident] to be tested and inspected before it may be
operated on the public thoroughfares of the municipality; or
(3) requiring that a motor vehicle operated on the
public thoroughfares of the municipality be tested, inspected, and
approved by the testing and inspecting authority.
SECTION 107. Sections 730.003(4) and (6), Transportation
Code, are amended to read as follows:
(4) "Motor vehicle record" means a record that
pertains to a motor vehicle operator's or driver's license or
permit, motor vehicle registration, motor vehicle title, or
identification document issued by an agency of this state or a local
agency authorized to issue an identification document. The term
does not include:
(A) a record that pertains to a motor carrier; or
(B) a collision [an accident] report prepared
under:
(i) Chapter 550; or
(ii) former Section 601.004 before
September 1, 2017.
(6) "Personal information" means information that
identifies a person, including an individual's photograph or
computerized image, social security number, date of birth, driver
identification number, name, address, but not the zip code, e-mail
address, telephone number, and medical or disability information.
The term does not include:
(A) information on vehicle collisions
[accidents], driving or equipment-related violations, or driver's
license or registration status; or
(B) information contained in a collision [an
accident] report prepared under:
(i) Chapter 550; or
(ii) former Section 601.004 before
September 1, 2017.
SECTION 108. Section 1006.153(e), Transportation Code, is
amended to read as follows:
(e) Out of each fee collected under Subsection (b) or an
amount collected under Subsection (b-1):
(1) 20 percent shall be appropriated to the authority
for the purposes of this chapter;
(2) 20 percent shall be deposited to the credit of the
general revenue fund, to be used only for criminal justice
purposes; and
(3) 60 percent shall be deposited to the credit of the
designated trauma facility and emergency medical services account
under Section 780.003, Health and Safety Code, to be used only for
the criminal justice purpose of funding designated trauma
facilities, county and regional emergency medical services, and
trauma care systems that provide trauma care and emergency medical
services to victims of collisions [accidents] resulting from
traffic offenses.
SECTION 109. The heading to Chapter 504, Business &
Commerce Code, is amended to read as follows:
CHAPTER 504. PROHIBITED USE OF CRIME VICTIM OR MOTOR VEHICLE
COLLISION [ACCIDENT] INFORMATION
SECTION 110. Section 504.001(2), Business & Commerce Code,
is amended to read as follows:
(2) "Motor vehicle collision [accident] information"
means information that:
(A) is collected or prepared by a law enforcement
agency; and
(B) identifies or serves to identify a person
who, according to a record of the agency, may have been involved in
a motor vehicle collision [accident].
SECTION 111. Section 504.002(a), Business & Commerce Code,
is amended to read as follows:
(a) A person who possesses crime victim or motor vehicle
collision [accident] information that the person obtained or knows
was obtained from a law enforcement agency may not:
(1) use the information to contact directly any of the
following persons for the purpose of soliciting business from the
person:
(A) a crime victim;
(B) a person who was involved in a motor vehicle
collision [accident]; or
(C) a member of the family of a person described
by Paragraph (A) or (B); or
(2) sell the information to another person for
financial gain.
SECTION 112. Section 17.062(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) The chairman of the Texas Transportation Commission is
an agent for service of process on a person who is a nonresident or
an agent of a nonresident in any suit against the person or agent
that grows out of a collision [or accident] in which the person or
the person's [his] agent is involved while operating a motor
vehicle in this state.
SECTION 113. Section 30.006(e), Civil Practice and Remedies
Code, is amended to read as follows:
(e) This section does not apply to:
(1) a report of a collision [an accident] under
Chapter 550, Transportation Code; and
(2) photographs, field measurements, scene drawings,
and collision [accident] reconstruction done in conjunction with
the investigation of the underlying collision [accident].
SECTION 114. Section 72.001, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 72.001. LIMITED LIABILITY. A person who is related to
the owner or operator of a motor vehicle within the second degree by
consanguinity or affinity, as determined under Chapter 573,
Government Code, and who is being transported in the motor vehicle
over a public highway of this state as a guest without payment for
the transportation has a cause of action against the owner or
operator of the motor vehicle for injury, death, or loss in a
collision [an accident] only if the collision [accident] was
intentional on the part of the owner or operator or was caused by
the owner's or operator's [his] heedlessness or reckless disregard
of the rights of others.
SECTION 115. Section 72.051, Civil Practice and Remedies
Code, is amended by amending Subdivisions (2) and (4) and adding
Subdivision (3-a) to read as follows:
(2) "Civil action" means an action in which:
(A) a claimant seeks recovery of damages for
bodily injury or death caused in a collision [an accident]; and
(B) a defendant:
(i) operated a commercial motor vehicle
involved in the collision [accident]; or
(ii) owned, leased, or otherwise held or
exercised legal control over a commercial motor vehicle or operator
of a commercial motor vehicle involved in the collision [accident].
(3-a) "Collision" means an event in which operating a
commercial motor vehicle causes bodily injury or death.
(4) "Commercial motor vehicle" means a motor vehicle
being used for commercial purposes in interstate or intrastate
commerce to transport property or passengers, deliver or transport
goods, or provide services. The term does not include a motor
vehicle being used at the time of the collision [accident] for
personal, family, or household purposes.
SECTION 116. The heading to Section 72.052, Civil Practice
and Remedies Code, is amended to read as follows:
Sec. 72.052. BIFURCATED TRIAL IN CERTAIN COMMERCIAL MOTOR
VEHICLE COLLISION [ACCIDENT] ACTIONS.
SECTION 117. Sections 72.054(a), (c), (d), and (f), Civil
Practice and Remedies Code, are amended to read as follows:
(a) Except as provided by Subsection (d), in a civil action
under this subchapter, an employer defendant's liability for
damages caused by the ordinary negligence of a person operating the
defendant's commercial motor vehicle shall be based only on
respondeat superior if the defendant stipulates, within the time
provided by Section 72.052 for filing a motion to bifurcate, that,
at the time of the collision [accident], the person operating the
vehicle was:
(1) the defendant's employee; and
(2) acting within the scope of employment.
(c) In a civil action under this subchapter in which an
employer defendant is regulated by the Motor Carrier Safety
Improvement Act of 1999 (Pub. L. No. 106-159) or Chapter 644,
Transportation Code, a party may present any of the following
evidence in the first phase of a trial that is bifurcated under
Section 72.052 if applicable to a defendant in the action:
(1) whether the employee who was operating the
employer defendant's commercial motor vehicle at the time of the
collision [accident] that is the subject of the civil action:
(A) was licensed to drive the vehicle at the time
of the collision [accident];
(B) was disqualified from driving the vehicle
under 49 C.F.R. Section 383.51, 383.52, or 391.15 at the time of the
collision [accident];
(C) was subject to an out-of-service order, as
defined by 49 C.F.R. Section 390.5, at the time of the collision
[accident];
(D) was driving the vehicle in violation of a
license restriction imposed under 49 C.F.R. Section 383.95 or
Section 522.043, Transportation Code, at the time of the collision
[accident];
(E) had received a certificate of driver's road
test from the employer defendant as required by 49 C.F.R. Section
391.31 or had an equivalent certificate or license as provided by 49
C.F.R. Section 391.33;
(F) had been medically certified as physically
qualified to operate the vehicle under 49 C.F.R. Section 391.41;
(G) was operating the vehicle when prohibited
from doing so under 49 C.F.R. Section 382.201, 382.205, 382.207,
382.215, 395.3, or 395.5 or 37 T.A.C. Section 4.12, as applicable,
on the day of the collision [accident];
(H) was texting or using a handheld mobile
telephone while driving the vehicle in violation of 49 C.F.R.
Section 392.80 or 392.82 at the time of the collision [accident];
(I) provided the employer defendant with an
application for employment as required by 49 C.F.R. Section
391.21(a) if the collision [accident] occurred on or before the
first anniversary of the date the employee began employment with
the employer defendant; and
(J) refused to submit to a controlled substance
test as required by 49 C.F.R. Section 382.303, 382.305, 382.307,
382.309, or 382.311 during the two years preceding the date of the
collision [accident]; and
(2) whether the employer defendant:
(A) allowed the employee to operate the
employer's commercial motor vehicle on the day of the collision
[accident] in violation of 49 C.F.R. Section 382.201, 382.205,
382.207, 382.215, 382.701(d), 395.3, or 395.5 or 37 T.A.C. Section
4.12, as applicable;
(B) had complied with 49 C.F.R. Section 382.301
in regard to controlled-substance testing of the employee driver
if:
(i) the employee driver was impaired
because of the use of a controlled substance at the time of the
collision [accident]; and
(ii) the collision [accident] occurred on
or before the 180th day after the date the employee driver began
employment with the employer defendant;
(C) had made the investigations and inquiries as
provided by 49 C.F.R. Section 391.23(a) in regard to the employee
driver if the collision [accident] occurred on or before the first
anniversary of the date the employee driver began employment with
the employer defendant; and
(D) was subject to an out-of-service order, as
defined by 49 C.F.R. Section 390.5, at the time of the collision
[accident].
(d) If a civil action is bifurcated under Section 72.052,
evidence admissible under Subsection (c) is:
(1) admissible in the first phase of the trial only to
prove ordinary negligent entrustment by the employer defendant to
the employee who was driving the employer defendant's commercial
motor vehicle at the time of the collision [accident] that is the
subject of the action; and
(2) the only evidence that may be presented by the
claimant in the first phase of the trial on the negligent
entrustment claim.
(f) Nothing in this section prevents a claimant from
pursuing:
(1) an ordinary negligence claim against an employer
defendant for a claim, such as negligent maintenance, that does not
require a finding of negligence by an employee as a prerequisite to
an employer defendant being found negligent for its conduct or
omission, or from presenting evidence on that claim in the first
phase of a bifurcated trial; or
(2) a claim for exemplary damages under Chapter 41 for
an employer defendant's conduct or omissions in relation to the
collision [accident] that is the subject of the action, or from
presenting evidence on that claim in the second phase of a
bifurcated trial.
SECTION 118. Section 72.055, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 72.055. ADMISSIBILITY OF VISUAL DEPICTIONS OF
COLLISION [ACCIDENT]. (a) In a civil action under this subchapter,
a court may not require expert testimony for admission into
evidence of a photograph or video of a vehicle or object involved in
a collision [an accident] that is the subject of the action except
as necessary to authenticate the photograph or video.
(b) If properly authenticated under the Texas Rules of
Evidence, a photograph or video of a vehicle or object involved in a
collision [an accident] that is the subject of a civil action under
this subchapter is presumed admissible, even if the photograph or
video tends to support or refute an assertion regarding the
severity of damages or injury to an object or person involved in the
collision [accident].
SECTION 119. Article 12.01, Code of Criminal Procedure, is
amended to read as follows:
Art. 12.01. FELONIES. Except as provided in Article 12.03,
felony indictments may be presented within these limits, and not
afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2),
Penal Code, or aggravated sexual assault under Section
22.021(a)(1)(B), Penal Code;
(C) sexual assault, if:
(i) during the investigation of the offense
biological matter is collected and the matter:
(a) has not yet been subjected to
forensic DNA testing; or
(b) has been subjected to forensic DNA
testing and the testing results show that the matter does not match
the victim or any other person whose identity is readily
ascertained; or
(ii) probable cause exists to believe that
the defendant has committed the same or a similar sex offense
against five or more victims;
(D) continuous sexual abuse of young child or
disabled individual under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11,
Penal Code;
(F) an offense involving leaving the scene of a
collision [an accident] under Section 550.021, Transportation
Code, if the collision [accident] resulted in the death of a person;
(G) trafficking of persons under Section
20A.02(a)(7) or (8), Penal Code;
(H) continuous trafficking of persons under
Section 20A.03, Penal Code; or
(I) compelling prostitution under Section
43.05(a)(2), Penal Code;
(2) ten years from the date of the commission of the
offense:
(A) theft of any estate, real, personal or mixed,
by an executor, administrator, guardian or trustee, with intent to
defraud any creditor, heir, legatee, ward, distributee,
beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government
property over which the public servant exercises control in the
public servant's official capacity;
(C) forgery or the uttering, using, or passing of
forged instruments;
(D) injury to an elderly or disabled individual
punishable as a felony of the first degree under Section 22.04,
Penal Code;
(E) sexual assault, except as provided by
Subdivision (1) or (7);
(F) arson;
(G) trafficking of persons under Section
20A.02(a)(1), (2), (3), or (4), Penal Code; or
(H) compelling prostitution under Section
43.05(a)(1), Penal Code;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) fraudulent securing of document execution;
(C) a felony violation under Chapter 162, Tax
Code;
(D) false statement to obtain property or credit
under Section 32.32, Penal Code;
(E) money laundering;
(F) credit card or debit card abuse under Section
32.31, Penal Code;
(G) fraudulent use or possession of identifying
information under Section 32.51, Penal Code;
(H) exploitation of a child, elderly individual,
or disabled individual under Section 32.53, Penal Code;
(I) health care fraud under Section 35A.02, Penal
Code; or
(J) bigamy under Section 25.01, Penal Code,
except as provided by Subdivision (6);
(4) five years from the date of the commission of the
offense:
(A) theft or robbery;
(B) except as provided by Subdivision (5),
kidnapping or burglary;
(C) injury to an elderly or disabled individual
that is not punishable as a felony of the first degree under Section
22.04, Penal Code;
(D) abandoning or endangering a child; or
(E) insurance fraud;
(5) if the investigation of the offense shows that the
victim is younger than 17 years of age at the time the offense is
committed, 20 years from the 18th birthday of the victim of one of
the following offenses:
(A) sexual performance by a child under Section
43.25, Penal Code;
(B) aggravated kidnapping under Section
20.04(a)(4), Penal Code, if the defendant committed the offense
with the intent to violate or abuse the victim sexually; or
(C) burglary under Section 30.02, Penal Code, if
the offense is punishable under Subsection (d) of that section and
the defendant committed the offense with the intent to commit an
offense described by Subdivision (1)(B) or (D) of this article or
Paragraph (B) of this subdivision;
(6) ten years from the 18th birthday of the victim of
the offense:
(A) trafficking of persons under Section
20A.02(a)(5) or (6), Penal Code;
(B) injury to a child under Section 22.04, Penal
Code; or
(C) bigamy under Section 25.01, Penal Code, if
the investigation of the offense shows that the person, other than
the legal spouse of the defendant, whom the defendant marries or
purports to marry or with whom the defendant lives under the
appearance of being married is younger than 18 years of age at the
time the offense is committed;
(7) two years from the date the offense was
discovered: sexual assault punishable as a state jail felony under
Section 22.011(f)(2), Penal Code; or
(8) three years from the date of the commission of the
offense: all other felonies.
SECTION 120. The heading to Article 42A.516, Code of
Criminal Procedure, is amended to read as follows:
Art. 42A.516. COMMUNITY SUPERVISION FOR LEAVING SCENE OF
MOTOR VEHICLE COLLISION [ACCIDENT] RESULTING IN DEATH OF PERSON.
SECTION 121. Article 49.10(j), Code of Criminal Procedure,
is amended to read as follows:
(j) A justice of the peace may order a physician, qualified
technician, paramedic, chemist, registered professional nurse, or
licensed vocational nurse to take a specimen of blood from the body
of a person who died as the result of a motor vehicle collision
[accident] if the justice determines that circumstances indicate
that the person may have been driving while intoxicated.
SECTION 122. Article 59.01(3), Code of Criminal Procedure,
is amended to read as follows:
(3) "Crime of violence" means:
(A) any criminal offense defined in the Penal
Code or in a federal criminal law that results in a personal injury
to a victim; or
(B) an act that is not an offense under the Penal
Code involving the operation of a motor vehicle, aircraft, or water
vehicle that results in injury or death sustained in a collision [an
accident] caused by a driver in violation of Section 550.021,
Transportation Code.
SECTION 123. The heading to Section 34.015, Education Code,
is amended to read as follows:
Sec. 34.015. REPORTING OF BUS COLLISIONS [ACCIDENTS].
SECTION 124. Section 34.015(b), Education Code, is amended
to read as follows:
(b) A school district shall report annually to the Texas
Education Agency the number of collisions [accidents] in which the
district's buses are involved. The agency by rule shall determine
the information to be reported, including:
(1) the type of bus involved in the collision
[accident];
(2) whether the bus was equipped with seat belts;
(3) the number of students and adults involved in the
collision [accident];
(4) the number and types of injuries sustained by bus
passengers in the collision [accident]; and
(5) whether the injured passengers were wearing seat
belts at the time of the collision [accident].
SECTION 125. Section 54.352(g), Education Code, is amended
to read as follows:
(g) For the purpose of this section, an injury is suffered
during the performance of a duty as a peace officer if the injury
occurs as a result of the peace officer's performance of any of the
following law enforcement duties:
(1) traffic enforcement or traffic control duties,
including enforcement of traffic laws, investigation of vehicle
collisions [accidents], or directing traffic;
(2) pursuit, arrest, or search of a person reasonably
believed to have violated a law;
(3) investigation, including undercover
investigation, of a criminal act;
(4) patrol duties, including automobile, bicycle,
foot, air, or horse patrol;
(5) duties related to the transfer of prisoners; or
(6) training duties, including participation in any
training required by the officer's employer or supervisor or by the
Texas Commission on Law Enforcement.
SECTION 126. Section 1001.1015(b), Education Code, is
amended to read as follows:
(b) A driver education course under Subsection (a) must:
(1) provide at least the minimum number of hours of
classroom instruction required by commission rule; and
(2) include instruction in:
(A) alcohol and drug awareness;
(B) the traffic laws of this state;
(C) highway signs, signals, and markings that
regulate, warn, or direct traffic; and
(D) the issues commonly associated with motor
vehicle collisions [accidents], including poor decision-making,
risk taking, impaired driving, distraction, speed, failure to use a
safety belt, driving at night, failure to yield the right-of-way,
and using a wireless communication device while operating a
vehicle.
SECTION 127. Section 1001.112(b), Education Code, is
amended to read as follows:
(b) A person is eligible to conduct a driver education
course for another person as provided by Subsection (a) if the
person:
(1) is either:
(A) a parent, stepparent, foster parent, legal
guardian, grandparent, or step-grandparent of the other person; or
(B) an individual who:
(i) has been designated on a form
prescribed by the department for purposes of this section by a
parent or legal guardian of the other person or by a judge of a court
with jurisdiction over the other person;
(ii) is at least 25 years of age;
(iii) does not charge a fee for conducting
the course; and
(iv) has at least seven years of driving
experience;
(2) has possessed a valid license for the preceding
three years that has not been suspended, revoked, or forfeited in
the past three years for an offense that involves the operation of a
motor vehicle;
(3) has not been convicted of:
(A) criminally negligent homicide; or
(B) driving while intoxicated in the past seven
years; and
(4) has not been convicted during the preceding three
years of:
(A) three or more moving violations described by
Section 542.304, Transportation Code, including violations that
resulted in a collision [an accident]; or
(B) two or more moving violations described by
Section 542.304, Transportation Code, that resulted in a collision
[an accident].
SECTION 128. Section 203.007(b), Family Code, is amended to
read as follows:
(b) A domestic relations office is entitled to obtain from
the Department of Public Safety records that relate to:
(1) a person's date of birth;
(2) a person's most recent address;
(3) a person's current driver's license status;
(4) motor vehicle collisions [accidents] involving a
person;
(5) reported traffic-law violations of which a person
has been convicted; and
(6) a person's criminal history record information.
SECTION 129. Section 264.513(c), Family Code, is amended to
read as follows:
(c) A person is not required to report a death under this
section that is the result of a motor vehicle collision [accident].
This subsection does not affect a duty imposed by another law to
report a death that is the result of a motor vehicle collision
[accident].
SECTION 130. Section 411.019(a), Government Code, is
amended to read as follows:
(a) The department shall provide a 24-hour toll-free
telephone number for use by the public in reporting traffic
offenses, including driving while intoxicated, suspected criminal
activity, and traffic collisions [accidents] and other
emergencies.
SECTION 131. Section 411.0726(e), Government Code, is
amended to read as follows:
(e) A court may not issue an order of nondisclosure of
criminal history record information under this section if the
attorney representing the state presents evidence sufficient to the
court demonstrating that the commission of the offense for which
the order is sought resulted in a motor vehicle collision
[accident] involving another person, including a passenger in a
motor vehicle operated by the person seeking the order of
nondisclosure.
SECTION 132. Section 411.0731(e), Government Code, is
amended to read as follows:
(e) A court may not issue an order of nondisclosure of
criminal history record information under this section if the
attorney representing the state presents evidence sufficient to the
court demonstrating that the commission of the offense for which
the order is sought resulted in a motor vehicle collision
[accident] involving another person, including a passenger in a
motor vehicle operated by the person seeking the order of
nondisclosure.
SECTION 133. Section 411.0736(e), Government Code, is
amended to read as follows:
(e) A court may not issue an order of nondisclosure of
criminal history record information under this section if the
attorney representing the state presents evidence sufficient to the
court demonstrating that the commission of the offense for which
the order is sought resulted in a motor vehicle collision
[accident] involving another person, including a passenger in a
motor vehicle operated by the person seeking the order of
nondisclosure.
SECTION 134. Section 423.002(a), Government Code, is
amended to read as follows:
(a) It is lawful to capture an image using an unmanned
aircraft in this state:
(1) for the purpose of professional or scholarly
research and development or for another academic purpose by a
person acting on behalf of an institution of higher education or a
private or independent institution of higher education, as those
terms are defined by Section 61.003, Education Code, including a
person who:
(A) is a professor, employee, or student of the
institution; or
(B) is under contract with or otherwise acting
under the direction or on behalf of the institution;
(2) in airspace designated as a test site or range
authorized by the Federal Aviation Administration for the purpose
of integrating unmanned aircraft systems into the national
airspace;
(3) as part of an operation, exercise, or mission of
any branch of the United States military;
(4) if the image is captured by a satellite for the
purposes of mapping;
(5) if the image is captured by or for an electric or
natural gas utility or a telecommunications provider:
(A) for operations and maintenance of utility or
telecommunications facilities for the purpose of maintaining
utility or telecommunications system reliability and integrity;
(B) for inspecting utility or telecommunications
facilities to determine repair, maintenance, or replacement needs
during and after construction of such facilities;
(C) for assessing vegetation growth for the
purpose of maintaining clearances on utility or telecommunications
easements; and
(D) for utility or telecommunications facility
routing and siting for the purpose of providing utility or
telecommunications service;
(6) with the consent of the individual who owns or
lawfully occupies the real property captured in the image;
(7) pursuant to a valid search or arrest warrant;
(8) if the image is captured by a law enforcement
authority or a person who is under contract with or otherwise acting
under the direction or on behalf of a law enforcement authority:
(A) in immediate pursuit of a person law
enforcement officers have reasonable suspicion or probable cause to
suspect has committed an offense, not including misdemeanors or
offenses punishable by a fine only;
(B) for the purpose of documenting a crime scene
where an offense, not including misdemeanors or offenses punishable
by a fine only, has been committed;
(C) for the purpose of investigating the scene
of:
(i) a human fatality;
(ii) a motor vehicle collision [accident]
causing death or serious bodily injury to a person; or
(iii) any motor vehicle collision
[accident] on a state highway or federal interstate or highway;
(D) in connection with the search for a missing
person;
(E) for the purpose of conducting a high-risk
tactical operation that poses a threat to human life;
(F) of private property that is generally open to
the public where the property owner consents to law enforcement
public safety responsibilities; or
(G) of real property or a person on real property
that is within 25 miles of the United States border for the sole
purpose of ensuring border security;
(9) if the image is captured by state or local law
enforcement authorities, or a person who is under contract with or
otherwise acting under the direction or on behalf of state
authorities, for the purpose of:
(A) surveying the scene of a catastrophe or other
damage to determine whether a state of emergency should be
declared;
(B) preserving public safety, protecting
property, or surveying damage or contamination during a lawfully
declared state of emergency; or
(C) conducting routine air quality sampling and
monitoring, as provided by state or local law;
(10) at the scene of a spill, or a suspected spill, of
hazardous materials;
(11) for the purpose of fire suppression;
(12) for the purpose of rescuing a person whose life or
well-being is in imminent danger;
(13) if the image is captured by a Texas licensed real
estate broker in connection with the marketing, sale, or financing
of real property, provided that no individual is identifiable in
the image;
(14) from a height no more than eight feet above ground
level in a public place, if the image was captured without using any
electronic, mechanical, or other means to amplify the image beyond
normal human perception;
(15) of public real property or a person on that
property;
(16) if the image is captured by the owner or operator
of an oil, gas, water, or other pipeline for the purpose of
inspecting, maintaining, or repairing pipelines or other related
facilities, and is captured without the intent to conduct
surveillance on an individual or real property located in this
state;
(17) in connection with oil pipeline safety and rig
protection;
(18) in connection with port authority surveillance
and security;
(19) if the image is captured by a registered
professional land surveyor in connection with the practice of
professional surveying, as those terms are defined by Section
1071.002, Occupations Code, provided that no individual is
identifiable in the image;
(20) if the image is captured by a professional
engineer licensed under Subchapter G, Chapter 1001, Occupations
Code, in connection with the practice of engineering, as defined by
Section 1001.003, Occupations Code, provided that no individual is
identifiable in the image; or
(21) if:
(A) the image is captured by an employee of an
insurance company or of an affiliate of the company in connection
with the underwriting of an insurance policy, or the rating or
adjusting of an insurance claim, regarding real property or a
structure on real property; and
(B) the operator of the unmanned aircraft is
authorized by the Federal Aviation Administration to conduct
operations within the airspace from which the image is captured.
SECTION 135. Section 1952.155, Insurance Code, is amended
to read as follows:
Sec. 1952.155. BENEFITS PAYABLE WITHOUT REGARD TO FAULT OR
COLLATERAL SOURCE; EFFECT ON SUBROGATION. (a) The benefits under
coverage required by this subchapter are payable without regard to:
(1) the fault or nonfault of the named insured or
recipient in causing or contributing to the collision [accident];
and
(2) any collateral source of medical, hospital, or
wage continuation benefits.
(b) Except as provided by Subsection (c), an insurer paying
benefits under coverage required by this subchapter does not have a
right of subrogation or claim against any other person or insurer to
recover any benefits by reason of the alleged fault of the other
person in causing or contributing to the collision [accident].
(c) An insurer paying benefits pursuant to this subchapter,
including a county mutual insurance company, shall have a right of
subrogation and a claim against a person causing or contributing to
the collision [accident] if, on the date of loss, financial
responsibility as required by Chapter 601, Transportation Code, has
not been established for a motor vehicle involved in the collision
[accident] and operated by that person.
SECTION 136. Section 1954.056(b), Insurance Code, is
amended to read as follows:
(b) A transportation network company driver shall carry
proof of insurance that satisfies Sections 1954.052 and 1954.053
with the driver when the driver uses a vehicle in connection with a
transportation network company's digital network. In the event of
a collision [an accident], a driver shall provide the proof of
insurance to a directly interested person, automobile insurer, and
investigating peace officer on request under Section 601.053,
Transportation Code. On request, a driver shall also disclose to a
directly interested person, automobile insurer, and investigating
peace officer whether, at the time of the collision [accident], the
driver was:
(1) logged on to the company's digital network; or
(2) engaged in a prearranged ride.
SECTION 137. Section 2308.002(5-a), Occupations Code, is
amended to read as follows:
(5-a) "Incident management tow" means any tow of a
vehicle in which the tow truck is summoned to the scene of a traffic
collision [accident] or to an incident, including the removal of a
vehicle, commercial cargo, and commercial debris from a collision
[an accident] or incident scene.
SECTION 138. Sections 2308.209(c), (d), and (h),
Occupations Code, are amended to read as follows:
(c) The sheriff's office may maintain a list of towing
companies to perform nonconsent tows of motor vehicles initiated by
a peace officer investigating a traffic collision [accident] or a
traffic incident. The towing companies must operate in a county to
which this section applies.
(d) A peace officer initiating a nonconsent tow of a motor
vehicle involved in a traffic collision [accident] or traffic
incident that the officer is investigating shall notify the
sheriff's office that the tow is being initiated. The sheriff's
office shall contact successive towing companies on the tow
rotation list until a company agrees to carry out the tow.
(h) In a county in which a list is maintained under
Subsection (c), a person commits an offense if:
(1) the person arrives at the scene of a traffic
collision [accident] or traffic incident to perform a nonconsent
tow of a motor vehicle without first being contacted by the
sheriff's office;
(2) the person directly or indirectly solicits, on
streets located in the county, towing services, including towing,
removing, repairing, wrecking, storing, trading, selling, or
purchasing related to a vehicle that has been damaged in a collision
[an accident] to the extent that it cannot be normally and safely
driven; or
(3) the person enters the scene of a traffic collision
[accident], traffic incident, or other area under the control of a
peace officer without the permission of the peace officer.
SECTION 139. The heading to Section 38.18, Penal Code, is
amended to read as follows:
Sec. 38.18. USE OF COLLISION [ACCIDENT] REPORT INFORMATION
AND OTHER INFORMATION FOR PECUNIARY GAIN.
SECTION 140. Section 2(4-a), Article 6243g-4, Revised
Statutes, is amended to read as follows:
(4-a) "Catastrophic injury" means a sudden, violent,
life-threatening, duty-related injury sustained by an active
member that is due to an externally caused motor vehicle collision
[accident], gunshot wound, aggravated assault, or other external
event or events and results, as supported by evidence, in one of the
following conditions:
(A) total, complete, and permanent loss of sight
in one or both eyes;
(B) total, complete, and permanent loss of the
use of one or both feet at or above the ankle;
(C) total, complete, and permanent loss of the
use of one or both hands at or above the wrist;
(D) injury to the spine that results in a total,
permanent, and complete paralysis of both arms, both legs, or one
arm and one leg; or
(E) an externally caused physical traumatic
injury to the brain rendering the member physically or mentally
unable to perform the member's duties as a police officer.
SECTION 141. Section 72.051(1), Civil Practice and Remedies
Code, is repealed.
SECTION 142. The changes in law made by this Act are
nonsubstantive and are intended to clarify rather than change
existing law.
SECTION 143. To the extent of any conflict, this Act
prevails over another Act of the 88th Legislature, Regular Session,
2023, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 144. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2190 was passed by the House on May 9,
2023, by the following vote: Yeas 133, Nays 9, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2190 on May 26, 2023, by the following vote: Yeas 138, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2190 was passed by the Senate, with
amendments, on May 24, 2023, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor