Bill Text: TX HB4243 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the terminology used to describe transportation-related accidents.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2019-03-25 - Referred to Transportation [HB4243 Detail]

Download: Texas-2019-HB4243-Introduced.html

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86R13493 MP-D
By: Lozano H.B. No. 4243

A BILL TO BE ENTITLED
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 66.017, Transportation Code, is amended
to read as follows:
Sec. 66.017. DUTIES. The board shall:
(1) establish the number of pilots necessary to
provide adequate pilot services for each Harris County port;
(2) accept applications for pilot licenses and
certificates and determine whether each applicant meets the
qualifications for a pilot;
(3) submit to the governor lists of applicants the
board finds to be qualified for appointment as pilots;
(4) establish pilotage rates;
(5) approve the locations for pilot stations;
(6) establish times during which pilot services will
be available;
(7) hear and determine complaints relating to the
conduct of pilots;
(8) recommend to the governor each pilot whose license
or certificate should not be renewed or should be revoked;
(9) adopt rules and issue orders to pilots or vessels
when necessary to secure efficient pilot services;
(10) institute investigations or hearings or both to
consider casualties, crashes [accidents], or other actions that
violate this chapter; and
(11) provide penalties to be imposed on a person who is
not a pilot for a Harris County port who pilots a vessel into or out
of the port if a pilot offered those services to the vessel.
SECTION 2. Section 67.017, Transportation Code, is amended
to read as follows:
Sec. 67.017. DUTIES. The board shall:
(1) recommend to the governor the number of pilots
necessary to provide adequate pilot services for each Galveston
County port;
(2) accept applications for pilot licenses and
certificates and determine whether each applicant meets the
qualifications for a pilot;
(3) provide names of all qualified applicants for
certificates to each pilot association office of Galveston County;
(4) submit to the governor the names of persons who
have qualified under this chapter to be appointed as branch pilots;
(5) establish pilotage rates;
(6) approve any changes of the locations for pilot
stations;
(7) establish times during which pilot services will
be available;
(8) hear and determine complaints relating to the
conduct of pilots;
(9) make recommendations to the governor concerning
any pilot whose license or certificate should not be renewed or
should be revoked;
(10) adopt rules and issue orders to pilots and
vessels when necessary to secure efficient pilot services;
(11) institute investigations or hearings or both to
consider casualties, crashes [accidents], or other actions that
violate this chapter;
(12) provide penalties to be imposed on a person who is
not a pilot for a Galveston County port and who pilots a vessel into
or out of the port; and
(13) approve a training program for deputy branch
pilots.
SECTION 3. Section 68.017, Transportation Code, is amended
to read as follows:
Sec. 68.017. DUTIES. The board shall:
(1) recommend to the governor the number of pilots
necessary to provide adequate pilot services for each Brazoria
County port;
(2) accept applications for pilot licenses and
certificates and determine whether each applicant meets the
qualifications for a pilot;
(3) provide the names of all qualified applicants for
certificates to the Brazos Pilots Association;
(4) submit to the governor the names of persons who
have qualified under this chapter to be commissioned as branch
pilots;
(5) establish pilotage rates;
(6) approve the locations for pilot stations;
(7) establish times during which pilot services will
be available;
(8) hear and determine complaints relating to the
conduct of pilots;
(9) recommend to the governor each pilot whose license
or certificate should not be renewed or should be revoked;
(10) adopt rules and issue orders to pilots or vessels
when necessary to secure efficient pilot services;
(11) institute investigations or hearings or both to
consider casualties, crashes [accidents], or other actions that
violate this chapter;
(12) provide penalties to be imposed on a person who is
not a pilot for a Brazoria County port who pilots a vessel into or
out of the port; and
(13) approve a training program for deputy branch
pilots.
SECTION 4. Sections 69.017(a) and (c), Transportation Code,
are amended to read as follows:
(a) The board shall:
(1) establish the number of pilots necessary to
provide adequate pilot services for each Jefferson or Orange County
port;
(2) establish pilotage rates;
(3) hear and determine complaints relating to the
conduct of pilots;
(4) make recommendations to the governor concerning
any pilot whose license or certificate should not be renewed or
should be revoked;
(5) adopt rules and issue orders to pilots and vessels
when necessary to secure efficient pilot services;
(6) institute investigations or hearings or both to
consider casualties, crashes [accidents], or other actions that
violate this chapter;
(7) provide penalties to be imposed on a person who is
not a pilot for a Jefferson or Orange County port and who pilots a
vessel into or out of the port if the person offered pilot services
to the vessel;
(8) establish times during which pilot services will
be available;
(9) accept applications for pilot licenses and
certificates and determine whether each applicant meets the
qualifications for a pilot;
(10) submit to the governor the names of persons who
have qualified under this chapter to be appointed as branch pilots;
and
(11) approve any changes of the locations of pilot
stations.
(c) The board may assess against the users of pilot
services:
(1) the actual costs the board considers fair and just
incurred in connection with hearings against any applicant or
objecting party; and
(2) other expenses that are necessary and proper to
enable the board to effectively carry out the purposes and
requirements of this chapter, including processing of applications
for pilot licenses and certificates, establishing pilotage,
determining and approving the locations for pilot stations,
establishing times during which pilot services will be available,
hearing and ruling on complaints relating to the conduct of pilots,
adopting rules and issuing orders to pilots or vessels when
necessary to secure efficient pilot services, instituting
investigations or hearings to consider casualties, crashes
[accidents], or other actions that violate this chapter, making of
any provision for proper, safe, and efficient pilotage, and funding
general administrative expenses associated with the operation of
the board.
SECTION 5. Section 70.017, Transportation Code, is amended
to read as follows:
Sec. 70.017. DUTIES. The board shall:
(1) recommend to the governor the number of pilots
necessary to provide adequate pilot services for the Port of Corpus
Christi;
(2) examine and determine the qualifications of each
applicant for branch pilot;
(3) submit to the governor the names of persons who
have qualified under this chapter to be appointed as branch pilots;
(4) establish pilotage rates;
(5) approve any changes of the locations of pilot
stations;
(6) establish times during which pilot services will
be available;
(7) hear and determine complaints relating to the
conduct of pilots;
(8) make recommendations to the governor concerning
any pilot whose license or certificate should not be renewed or
should be revoked;
(9) adopt rules and issue orders to pilots and vessels
when necessary to secure efficient pilot services; and
(10) institute investigations or hearings or both to
consider casualties, crashes [accidents], or other actions that
violate this chapter.
SECTION 6. 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 crash [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
crash [accident].
(c) The operator shall render to a person injured in the
crash [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 7. Section 192.005, Transportation Code, is amended
to read as follows:
Sec. 192.005. RECORD OF CRASH [ACCIDENT] OR VIOLATION. If
a person operating a railroad locomotive or train is involved in a
crash [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 crash [accident] or violation; and
(2) the person's involvement in the crash [accident]
or violation may not be recorded in the person's individual driving
record maintained by the Department of Public Safety.
SECTION 8. Section 201.806, Transportation Code, is amended
to read as follows:
Sec. 201.806. CRASH [ACCIDENT] REPORTS. (a) The
department shall:
(1) tabulate and analyze the vehicle crash [accident]
reports it receives; and
(2) annually or more frequently publish on the
department's Internet website statistical information derived from
the crash [accident] reports as to the number, cause, and location
of highway crashes [accidents], including information regarding
the number of:
(A) crashes [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 crash [accident] reports so that the
Department of Public Safety can perform its duties, including the
duty to make timely entries on driver records.
SECTION 9. 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 crash [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 crashes
[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 crash [accident] that resulted in
the victim's death.
SECTION 10. 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 crash [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 crashes [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 crash [accident] that resulted in
the victim's death.
SECTION 11. 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 crashes [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 crash [accident] data,
traffic volume, pavement geometry, and other conditions that can
create or exacerbate hazardous roadway conditions.
SECTION 12. 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 crash [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 13. Section 521.042, Transportation Code, is
amended to read as follows:
Sec. 521.042. CRASH [ACCIDENT] AND CONVICTION REPORTS;
INDIVIDUAL RECORDS. (a) Except as provided by this section, the
department shall record each crash [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 crash [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
crash [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 crash [accident] resulted in damages
to property of less than $1,000; or
(2) an investigation of the crash [accident] by a
peace officer, other than a peace officer involved in the crash
[accident], determines that the peace officer, fire fighter, or
emergency medical services employee involved in the crash
[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
crash [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 14. The heading to Section 521.046, Transportation
Code, is amended to read as follows:
Sec. 521.046. DISCLOSURE OF CRASH [ACCIDENT] AND CONVICTION
INFORMATION.
SECTION 15. 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 crash [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 16. 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 crashes [accidents], by date and
location.
SECTION 17. 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 crash [accident] or conviction information about an individual.
SECTION 18. 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 crash [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 19. 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 crash
[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 20. 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 crash
[accident] that resulted in serious bodily injury to or the death of
another person.
SECTION 21. 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 crash [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 22. 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 crash [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 23. 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 crash [accident] resulting in the death
or personal injury of another.
SECTION 24. 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 crash [an accident].
SECTION 25. 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 CRASH [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 crash [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 crash [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 crash [accident].
SECTION 26. 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 crash [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 27. 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 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 crash [accident] report prepared; or
(B) if a notice to appear was not issued and a
crash [an accident] report was not prepared, a written report of the
incident.
SECTION 28. 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 crashes [accidents] that
resulted in injury or death and were attributable to speed limit
violations on the highway or part of the highway.
SECTION 29. 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 CRASH [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
crash [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 crash [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 crash [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 crash [accident] reconstruction
shall, at least 48 hours before temporary speed limit signs are
posted for the vehicular crash [accident] reconstruction site,
provide to the Texas Department of Transportation notice that
includes:
(1) the date and time of the crash [accident]
reconstruction;
(2) the location of the crash [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 crash [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 crash
[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 crash [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 crash
[accident] reconstruction is complete and all equipment is removed
from the vehicular crash [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 crash [accident]
reconstruction is complete; and
(2) removes all temporary signs, concealments, and
equipment used at the vehicular crash [accident] reconstruction
site.
(i) If a designated official does not comply with the
requirements of Subsection (f)(3) for a vehicular crash [accident]
reconstruction on a state highway associated with the
reconstruction, the Texas Department of Transportation may remove
signs and concealments.
SECTION 30. 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 crash [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 31. 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
crash [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 32. Section 545.455, Transportation Code, is
amended to read as follows:
Sec. 545.455. DUTIES FOLLOWING CRASH [ACCIDENT] INVOLVING
AUTOMATED MOTOR VEHICLE. In the event of a crash [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 33. 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 crash [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 34. 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 crash [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 crash [an
accident];
(E) records the driver's safety belt status; or
(F) transmits information concerning the crash
[accident] to a central communications system when the crash
[accident] occurs.
SECTION 35. 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 crashes [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 crash [accident].
SECTION 36. Section 548.053(b), Transportation Code, is
amended to read as follows:
(b) A vehicle that is inspected and is subsequently involved
in a crash 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 37. The heading to Chapter 550, Transportation
Code, is amended to read as follows:
CHAPTER 550. CRASHES [ACCIDENTS] AND CRASH [ACCIDENT] REPORTS
SECTION 38. The heading to Subchapter B, Chapter 550,
Transportation Code, is amended to read as follows:
SUBCHAPTER B. DUTIES FOLLOWING CRASH [ACCIDENT]
SECTION 39. Section 550.021, Transportation Code, is
amended to read as follows:
Sec. 550.021. CRASH [ACCIDENT] INVOLVING PERSONAL INJURY OR
DEATH. (a) The operator of a vehicle involved in a crash [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
crash [accident] or as close to the scene as possible;
(2) immediately return to the scene of the crash
[accident] if the vehicle is not stopped at the scene of the crash
[accident];
(3) immediately determine whether a person is involved
in the crash [accident], and if a person is involved in the crash
[accident], whether that person requires aid; and
(4) remain at the scene of the crash [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 crash [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 crash [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 40. The heading to Section 550.022, Transportation
Code, is amended to read as follows:
Sec. 550.022. CRASH [ACCIDENT] INVOLVING DAMAGE TO VEHICLE.
SECTION 41. 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 crash [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
crash [accident] or as close as possible to the scene of the crash
[accident] without obstructing traffic more than is necessary;
(2) immediately return to the scene of the crash
[accident] if the vehicle is not stopped at the scene of the crash
[accident]; and
(3) remain at the scene of the crash [accident] until
the operator complies with the requirements of Section 550.023.
(b) If a crash [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 crash [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 42. 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 crash [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 crash [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 43. Section 550.025(a), Transportation Code, is
amended to read as follows:
(a) The operator of a vehicle involved in a crash [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 crash [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 44. Section 550.026, Transportation Code, is
amended to read as follows:
Sec. 550.026. IMMEDIATE REPORT OF CRASH [ACCIDENT]. (a)
The operator of a vehicle involved in a crash [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 crash [accident] to the:
(1) local police department if the crash [accident]
occurred in a municipality;
(2) local police department or the sheriff's office if
the crash [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 crash [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 crash [an
accident] under Subsection (a).
SECTION 45. The heading to Subchapter C, Chapter 550,
Transportation Code, is amended to read as follows:
SUBCHAPTER C. INVESTIGATION OF CRASH [ACCIDENT]
SECTION 46. Section 550.041(a), Transportation Code, is
amended to read as follows:
(a) A peace officer who is notified of a motor vehicle crash
[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
crash [accident] and file justifiable charges relating to the crash
[accident] without regard to whether the crash [accident] occurred
on property to which this chapter applies.
SECTION 47. The heading to Subchapter D, Chapter 550,
Transportation Code, is amended to read as follows:
SUBCHAPTER D. WRITTEN CRASH [ACCIDENT] REPORT
SECTION 48. Section 550.062, Transportation Code, is
amended to read as follows:
Sec. 550.062. OFFICER'S CRASH [ACCIDENT] REPORT. (a) A law
enforcement officer who in the regular course of duty investigates
a motor vehicle crash [accident] shall make a written report of the
crash [accident] if the crash [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 crash [accident].
(b-1) If the motor vehicle crash [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 crash [accident] at the location of the
crash [accident] and immediately after the crash [accident] or
afterwards by interviewing those involved in the crash [accident]
or witnesses to the crash [accident].
SECTION 49. Section 550.063, Transportation Code, is
amended to read as follows:
Sec. 550.063. REPORT ON APPROPRIATE FORM. The form of all
written crash [accident] reports must be approved by the department
and the Department of Public Safety. A person who is required to
file a written crash [accident] report shall report on the
appropriate form and shall disclose all information required by the
form unless the information is not available.
SECTION 50. Section 550.064, Transportation Code, is
amended to read as follows:
Sec. 550.064. CRASH [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 crash [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 crash [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 crash [an accident] if the form is for the report to be
made by a person investigating the crash [accident];
(2) include a way to designate and identify a peace
officer, firefighter, or emergency medical services employee who is
involved in a crash [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 crash [accident]; and
(4) include a way to designate whether an individual
involved in a crash [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 51. Section 550.065, Transportation Code, is
amended to read as follows:
Sec. 550.065. RELEASE OF CERTAIN INFORMATION RELATING TO
CRASHES [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 crash [an accident] required
under:
(A) Section 550.062; or
(B) former Section 550.061 or 601.004 before
September 1, 2017; or
(2) crash [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
crash [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 crash [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 crash [accident] is pending if the report is
subpoenaed; or
(4) any person directly concerned in the crash
[accident] or having a proper interest therein, including:
(A) any person involved in the crash [accident];
(B) the authorized representative of any person
involved in the crash [accident];
(C) a driver involved in the crash [accident];
(D) an employer, parent, or legal guardian of a
driver involved in the crash [accident];
(E) the owner of a vehicle or property damaged in
the crash [accident];
(F) a person who has established financial
responsibility for a vehicle involved in the crash [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 crash [accident];
(H) an insurance company that issued a policy
covering any person involved in the crash [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 crash [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 crash [accident] report
that may be requested by any person. The redacted crash [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 crash [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) crash [accident] report information compiled
under Section 201.806; or
(2) a vehicle identification number and specific crash
[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 crash [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 crash [an accident]
report;
(C) the date of birth, other than the year, of any
person listed in a crash [an accident] report;
(D) the address, other than zip code, and
telephone number of any person listed in a crash [an accident]
report;
(E) the license plate number of any vehicle
listed in a crash [an accident] report;
(F) the name of any insurance company listed as a
provider of financial responsibility for a vehicle listed in a
crash [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 crash [accident] was notified of the crash [accident];
(I) the date the investigating peace officer
arrived at the crash [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 crash [accident] died;
(L) the date of any commercial motor vehicle
report; and
(M) the place where any person injured or killed
in a crash [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 52. Section 550.066, Transportation Code, is
amended to read as follows:
Sec. 550.066. ADMISSIBILITY OF CERTAIN CRASH [ACCIDENT]
REPORT INFORMATION. An individual's response to the information
requested on a crash [an accident] report form as provided by
Section 550.064(b)(4) is not admissible evidence in a civil trial.
SECTION 53. Section 550.067, Transportation Code, is
amended to read as follows:
Sec. 550.067. MUNICIPAL AUTHORITY TO REQUIRE CRASH
[ACCIDENT] REPORTS. (a) A municipality by ordinance may require
the operator of a vehicle involved in a crash [an accident] to file
with a designated municipal department:
(1) a report of the crash [accident], if the crash
[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 crash [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 54. Section 550.068, Transportation Code, is
amended to read as follows:
Sec. 550.068. CHANGING CRASH [ACCIDENT] REPORT.
(a) Except as provided by Subsection (b), a change in or a
modification of a written report of a motor vehicle crash
[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 crash [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 55. 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 crash [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 crash [accident] and the name of
the county in which the crash [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 56. 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 crash [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 57. 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 crash
[accident] equals or exceeds the amount required under Section
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 crash [accident] equals or exceeds the amount required under
Section 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 crash [accident] equals or exceeds the amount required under
Section 601.072(a)(3) to establish financial responsibility.
SECTION 58. 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
crash [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 crash [accident], the person had a
driver's license or registration.
SECTION 59. 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 crash [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 crash [an accident].
SECTION 60. 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
crash [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 61. 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 crash [accident] resulting in bodily
injury to, or property damage to the property of, another person.
SECTION 62. 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 crash [accident];
(2) $60,000 for bodily injury to or death of two or
more persons in one crash [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 crash [accident].
(b) The coverage required under this section may exclude,
with respect to one crash [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 63. 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 crash [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 64. 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 crash [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 65. 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 crashes [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 66. The heading to Subchapter F, Chapter 601,
Transportation Code, is amended to read as follows:
SUBCHAPTER F. SECURITY FOLLOWING CRASH [ACCIDENT]
SECTION 67. 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 crash [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 crash [accident] a motor vehicle liability insurance policy
that covers the motor vehicle involved in the crash [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 crash [accident];
(3) an owner or operator whose liability for damages
resulting from the crash [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 crash [accident] was legally parked or legally
stopped at a traffic signal;
(6) the owner of a motor vehicle that at the time of
the crash [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 68. 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 crash
[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 crash [accident].
SECTION 69. 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 crash [an accident],
the department shall determine the amount of security sufficient to
satisfy any judgment for damages resulting from the crash
[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 crash [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 crash [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 crash
[accident].
SECTION 70. 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
crash [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 71. 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 crash [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 crash
[accident].
SECTION 72. 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 crash [accident], the person may appeal the
determination.
SECTION 73. 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 crash
[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 crash [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 crash [accident];
(B) a final adjudication that the person is not
liable for claims arising out of the crash [accident]; or
(C) an installment agreement described by
Section 601.154(d)(3).
SECTION 74. 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 crash [accident] and the same
motor vehicle.
SECTION 75. 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 crash [accident]
if, in the department's judgment, the amount is excessive.
SECTION 76. 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 crash
[accident]; or
(2) a settlement, agreed to by the depositor, of a
claim arising out of the crash [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 crash [accident]; or
(2) the date of the deposit, in the case of a deposit
of security under Section 601.162(b).
SECTION 77. 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 crash [accident]
that no action arising out of the crash [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 crash [accident] is pending and no unpaid
judgment rendered in such an action is unpaid.
SECTION 78. 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 crash [accident] on the bond or policy.
SECTION 79. 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 crash [an accident] may not be
introduced in evidence in a suit for damages arising from that crash
[accident].
SECTION 80. 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 crash [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 81. 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 crash [accident].
SECTION 82. 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 crash [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 crash
[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 crash [accident].
SECTION 83. 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 crash [accident].
SECTION 84. 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 crash [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
crash [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 85. 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 crash
[accident] out of which the judgment arose in effect at the time of
the crash [accident];
(2) an affidavit stating that the person was insured
at the time of the crash [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 crash
[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 86. 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 crash-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 87. 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 crash [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 88. 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 crash [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 89. 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 crash [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 crash [an accident] that occurred while the
coverage was not in effect.
SECTION 90. 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 crash [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 crash [accident] that
resulted in the death of a person.
SECTION 91. 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 crash [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 crash [an
accident].
SECTION 92. 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 crash [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 93. 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 crash [accident];
(2) $300,000 for bodily injury to or death of two or
more persons in one crash [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 crash [accident].
SECTION 94. 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 crash [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 95. Section 707.003(d), Transportation Code, is
amended to read as follows:
(d) An intersection approach must be selected for the
installation of a photographic traffic signal enforcement system
based on traffic volume, the history of crashes [accidents] at the
approach, the number or frequency of red light violations at the
intersection, and similar traffic engineering and safety criteria,
without regard to the ethnic or socioeconomic characteristics of
the area in which the approach is located.
SECTION 96. The heading to Section 707.004, Transportation
Code, is amended to read as follows:
Sec. 707.004. REPORT OF CRASHES [ACCIDENTS].
SECTION 97. Sections 707.004(b) and (d), Transportation
Code, are amended to read as follows:
(b) Before installing a photographic traffic signal
enforcement system at an intersection approach, the local authority
shall compile a written report of the number and type of traffic
crashes [accidents] that have occurred at the intersection for a
period of at least 18 months before the date of the report.
(d) After installing a photographic traffic signal
enforcement system at an intersection approach, the local authority
shall monitor and annually report to the department the number and
type of traffic crashes [accidents] at the intersection to
determine whether the system results in a reduction in crashes
[accidents] or a reduction in the severity of crashes [accidents].
SECTION 98. Section 708.052(b), Transportation Code, is
amended to read as follows:
(b) For each conviction arising out of a separate
transaction, the department shall assign points to a person's
license as follows:
(1) two points for a moving violation of the traffic
law of this state or another state that is not described by
Subdivision (2); and
(2) three points for a moving violation of the traffic
law of this state, another state, or a political subdivision of this
or another state that resulted in a crash [an accident].
SECTION 99. 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 crashes [accidents] and the
death, injury, and property damage that result from traffic crashes
[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 100. 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) crash [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 101. 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 crashes [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 102. Section 724.012(b), Transportation Code, is
amended to read as follows:
(b) 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 crash [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 crash [accident]:
(A) any individual has died or will die;
(B) an individual other than the person has
suffered serious bodily injury; or
(C) 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 103. 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 crash
[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 104. 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 crash [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, driver identification
number, name, address, but not the zip code, telephone number, and
medical or disability information. The term does not include:
(A) information on vehicle crashes [accidents],
driving or equipment-related violations, or driver's license or
registration status; or
(B) information contained in a crash [an
accident] report prepared under:
(i) Chapter 550; or
(ii) former Section 601.004 before
September 1, 2017.
SECTION 105. 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 crash [an accident] under Chapter
550, Transportation Code; and
(2) photographs, field measurements, scene drawings,
and accident reconstruction done in conjunction with the
investigation of the underlying crash [accident].
SECTION 106. 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 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 sexual offense
against five or more victims;
(D) continuous sexual abuse of young child or
children 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
crash [an accident] under Section 550.021, Transportation Code, if
the crash [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 he exercises control in his 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);
(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) securing execution of document by deception;
(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) Medicaid 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; or
(7) three years from the date of the commission of the
offense: all other felonies.
SECTION 107. 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 crash [an
accident] caused by a driver in violation of Section 550.021,
Transportation Code.
SECTION 108. The heading to Section 38.18, Penal Code, is
amended to read as follows:
Sec. 38.18. USE OF CRASH [ACCIDENT] REPORT INFORMATION AND
OTHER INFORMATION FOR PECUNIARY GAIN.
SECTION 109. This Act takes effect September 1, 2019.