80R14338 ACP-F

By: Berman H.B. No. 489

Substitute the following for H.B. No. 489:

By: Driver C.S.H.B. No. 489

A BILL TO BE ENTITLED

AN ACT

relating to the duty of a passenger involved in certain accidents to render aid.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 550.021, Transportation Code, is amended by amending Subsection (a) and adding Subsections (b-1), (b-2), and (d) to read as follows:

(a) The operator of a vehicle involved in an accident resulting in injury to or death of a person shall:

(1) immediately stop the vehicle at the scene of the accident or as close to the scene as possible;

(2) immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; and

(3) remain at the scene of the accident until the operator complies with the requirements of Section 550.023(a).

(b-1) Except as provided by Subsection (b-2), the passenger of a vehicle involved in an accident resulting in injury to or death of a person shall remain at the scene of the accident until the passenger complies with the requirements of Section 550.023(b).

(b-2) If the passenger of a vehicle involved in an accident resulting in injury to or death of a person is unable to remain at the scene due to the actions of the operator of the vehicle involved in an accident, the passenger shall:

(1) report the accident to emergency medical services personnel and a law enforcement agency as soon as the passenger can make the report without placing the passenger in danger of suffering serious bodily injury or death; and

(2) provide emergency medical services personnel and the law enforcement agency with:

(A) the passenger's name, address, phone number, and driver's license number or personal identification certificate number;

(B) the name, address, and phone number of the operator, if known;

(C) the location of the accident;

(D) the location of the passenger; and

(E) the location of the operator, if known.

(d) Subsections (b-1) and (b-2) do not apply to a passenger who is younger than 17 years of age.

SECTION 2. Section 550.022, Transportation Code, is amended by adding Subsections (b-1), (b-2), (c-2), and (e) to read as follows:

(b-1) Except as provided by Subsection (b-2), the passenger of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person shall remain at the scene of the accident until the passenger complies with the requirements of Section 550.023(b).

(b-2) If the passenger of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by a person is unable to remain at the scene due to the actions of the operator of the vehicle involved in an accident, the passenger shall:

(1) report the accident to a law enforcement agency as soon as the passenger can make the report without placing the passenger in danger of suffering serious bodily injury or death; and

(2) provide the law enforcement agency with:

(A) the passenger's name, address, phone number, and driver's license number or personal identification certificate number;

(B) the name, address, and phone number of the operator, if known;

(C) the location of the accident;

(D) the location of the passenger; and

(E) the location of the operator, if known.

(c-2) A passenger commits an offense if the passenger does not stop or does not comply with the requirements of Subsection (b-2). An offense under this subsection is:

(1) a Class C misdemeanor, if the damage to all vehicles is less than $200; or

(2) a Class B misdemeanor, if the damage to all vehicles is $200 or more.

(e) Subsections (b-1), (b-2), and (c-2) do not apply to a passenger who is younger than 17 years of age.

SECTION 3. Section 550.023, Transportation Code, is amended to read as follows:

Sec. 550.023. DUTY TO GIVE INFORMATION AND RENDER AID. (a) The operator of a vehicle involved in 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 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.

(b) The passenger of a vehicle involved in an accident resulting in the injury to or death of a person or damage to a vehicle that is driven or attended by a person shall:

(1) give the passenger's name and address to the person injured or the operator or occupant of or person attending a vehicle involved in the collision;

(2) give the name and address of the operator, if known, to the person injured or the operator or occupant of or person attending a vehicle involved in the collision;

(3) if requested and available, show the passenger's driver's license or personal identification certificate to a person described by Subdivision (1); and

(4) provide any person injured in the 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.

(c) Subsection (b) does not apply to a passenger who is younger than 17 years of age.

SECTION 4. This Act takes effect September 1, 2007.