1 | 1 | | 88R26007 AJZ-D |
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2 | 2 | | By: AnchÃa, Guillen, Frazier, et al. H.B. No. 2564 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the investigation of certain motor vehicle accidents. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. The heading to Section 550.041, Transportation |
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10 | 10 | | Code, is amended to read as follows: |
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11 | 11 | | Sec. 550.041. INVESTIGATION BY PEACE OFFICER OR EMPLOYEE OF |
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12 | 12 | | LAW ENFORCEMENT AGENCY. |
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13 | 13 | | SECTION 2. Section 550.041, Transportation Code, is amended |
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14 | 14 | | by amending Subsection (a) and adding Subsection (c) to read as |
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15 | 15 | | follows: |
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16 | 16 | | (a) A peace officer who is notified of a motor vehicle |
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17 | 17 | | accident resulting in injury to or death of a person or property |
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18 | 18 | | damage to an apparent extent of at least $5,000 [$1,000] may |
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19 | 19 | | investigate the accident and file justifiable charges relating to |
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20 | 20 | | the accident without regard to whether the accident occurred on |
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21 | 21 | | property to which this chapter applies. |
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22 | 22 | | (c) An employee of a law enforcement agency who is not a |
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23 | 23 | | peace officer and who has successfully completed a training program |
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24 | 24 | | on investigating motor vehicle accidents that satisfies the |
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25 | 25 | | applicable requirements of Section 1701.253, Occupations Code, may |
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26 | 26 | | investigate a motor vehicle accident, without regard to whether the |
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27 | 27 | | accident occurred on property to which this chapter applies, if: |
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28 | 28 | | (1) no offense was committed during the accident other |
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29 | 29 | | than a misdemeanor punishable by fine only; |
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30 | 30 | | (2) no injury or death of a person occurred as a result |
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31 | 31 | | of the accident; and |
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32 | 32 | | (3) any property damage that resulted from the |
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33 | 33 | | accident was to an apparent extent of less than $5,000. |
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34 | 34 | | SECTION 3. The heading to Section 550.062, Transportation |
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35 | 35 | | Code, is amended to read as follows: |
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36 | 36 | | Sec. 550.062. OFFICER'S OR LAW ENFORCEMENT AGENCY |
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37 | 37 | | EMPLOYEE'S ACCIDENT REPORT. |
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38 | 38 | | SECTION 4. Section 550.062, Transportation Code, is amended |
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39 | 39 | | to read as follows: |
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40 | 40 | | Sec. 550.062. OFFICER'S ACCIDENT REPORT. (a) A law |
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41 | 41 | | enforcement officer who in the regular course of duty investigates |
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42 | 42 | | a motor vehicle accident shall make a written report of the accident |
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43 | 43 | | if the accident resulted in injury to or the death of a person or |
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44 | 44 | | damage to the property of any one person to the apparent extent of |
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45 | 45 | | $5,000 [$1,000] or more. |
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46 | 46 | | (a-1) An employee of a law enforcement agency who is not a |
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47 | 47 | | peace officer and who investigates a motor vehicle accident in |
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48 | 48 | | accordance with Section 550.041(c) shall make a written report |
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49 | 49 | | summarizing the findings of the investigation. |
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50 | 50 | | (b) The report required by Subsection (a) or (a-1) must be |
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51 | 51 | | filed electronically with the department not later than the 10th |
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52 | 52 | | day after the date of the accident. |
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53 | 53 | | (b-1) If the motor vehicle accident involved a combination |
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54 | 54 | | of vehicles operating under a permit issued under Section 623.402, |
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55 | 55 | | the report required by Subsection (a) or (a-1) must include the |
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56 | 56 | | weight and the number of axles of the vehicle combination. |
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57 | 57 | | (c) This section applies without regard to whether the |
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58 | 58 | | officer or law enforcement agency employee, as applicable, |
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59 | 59 | | investigates the accident at the location of the accident and |
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60 | 60 | | immediately after the accident or afterwards by interviewing those |
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61 | 61 | | involved in the accident or witnesses to the accident. |
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62 | 62 | | SECTION 5. This Act takes effect September 1, 2023. |
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