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A BILL TO BE ENTITLED
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AN ACT
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relating to the investigation of certain motor vehicle accidents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 550.041, Transportation |
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Code, is amended to read as follows: |
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Sec. 550.041. INVESTIGATION BY PEACE OFFICER OR EMPLOYEE OF |
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LAW ENFORCEMENT AGENCY. |
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SECTION 2. Section 550.041, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) A peace officer who is notified of a motor vehicle |
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accident resulting in injury to or death of a person or property |
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damage to an apparent extent of at least $5,000 [$1,000] may |
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investigate the accident and file justifiable charges relating to |
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the accident without regard to whether the accident occurred on |
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property to which this chapter applies. |
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(c) An employee of a law enforcement agency who is not a |
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peace officer and who has successfully completed a training program |
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on investigating motor vehicle accidents that satisfies the |
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applicable requirements of Section 1701.253, Occupations Code, may |
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investigate a motor vehicle accident, without regard to whether the |
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accident occurred on property to which this chapter applies, if: |
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(1) no offense was committed during the accident other |
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than a misdemeanor punishable by fine only; |
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(2) no injury or death of a person occurred as a result |
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of the accident; and |
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(3) any property damage that resulted from the |
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accident was to an apparent extent of less than $5,000. |
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SECTION 3. The heading to Section 550.062, Transportation |
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Code, is amended to read as follows: |
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Sec. 550.062. OFFICER'S OR LAW ENFORCEMENT AGENCY |
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EMPLOYEE'S ACCIDENT REPORT. |
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SECTION 4. Section 550.062, Transportation Code, is amended |
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to read as follows: |
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Sec. 550.062. OFFICER'S ACCIDENT REPORT. (a) A law |
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enforcement officer who in the regular course of duty investigates |
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a motor vehicle accident shall make a written report of the accident |
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if the accident resulted in injury to or the death of a person or |
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damage to the property of any one person to the apparent extent of |
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$5,000 [$1,000] or more. |
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(a-1) An employee of a law enforcement agency who is not a |
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peace officer and who investigates a motor vehicle accident in |
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accordance with Section 550.041(c) shall make a written report |
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summarizing the findings of the investigation. |
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(b) The report required by Subsection (a) or (a-1) must be |
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filed electronically with the department not later than the 10th |
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day after the date of the accident. |
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(b-1) If the motor vehicle accident involved a combination |
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of vehicles operating under a permit issued under Section 623.402, |
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the report required by Subsection (a) or (a-1) must include the |
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weight and the number of axles of the vehicle combination. |
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(c) This section applies without regard to whether the |
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officer or law enforcement agency employee, as applicable, |
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investigates the accident at the location of the accident and |
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immediately after the accident or afterwards by interviewing those |
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involved in the accident or witnesses to the accident. |
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SECTION 5. This Act takes effect September 1, 2023. |