SRC-CDH C.S.S.B. 526 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 526
By: Patterson
Criminal Justice
3-18-97
Committee Report (Substituted)


DIGEST 

Currently, Texas law contains no provisions regarding changes made to
accident reports.  Under this system, police officers who are asked to
alter an accident report by a superior officer receive little protection.
This legislation allows an accident report to be altered only by the peace
officer or person who prepared the report, except if the change is made by
a written supplement to the report indicating the name of the person who
originated the change, in an attempt to provide more security for police
officers.  

PURPOSE

As proposed, C.S.S.B. 526 establishes the procedure for making a change to
an accident report.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 550D, Transportation Code, by adding Section
550.068, as follows: 

Sec. 550.068.  CHANGING ACCIDENT REPORT.  Establishes that except as
provided by Subsection (b), a change in or a modification of a written
report of a motor vehicle accident prepared by a peace officer or the
operator of a vehicle involved in an accident that alters a material fact
in the report may be made only by the peace officer or person who prepared
the report.  Authorizes a change in or a modification of the written
report of the accident to be made by a person other than the peace officer
or the operator of the vehicle if the change is made by a written
supplement to the report, and the written supplement clearly indicates the
name of the person who originated the change. 

SECTION 2.  Effective date:  September 1, 1997.

SECTION 3.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amends the proposed relating clause to delete the reference to an offense
report and a peace officer.  
SECTION 1.

Deletes proposed Article 2.26, Chapter 2, Code of Criminal Procedure,
regarding changes made to an offense or accident report prepared by a
peace officer.  Amends Chapter 550D, Transportation Code, by adding
Section 550.068, to establish that a change in or modification of a
written motor vehicle accident report may be made only by the peace
officer or person who prepared the report, except if the change is made by
a written supplement to the report clearly indicating the name of the
person who originated the change.