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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of powers and duties for accident reports |
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from the Department of Public Safety to the Texas Department of |
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Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter J, Chapter 201, Transportation Code, |
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is amended by adding Section 201.805 to read as follows: |
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Sec. 201.805. ACCIDENT REPORTS. (a) The department shall: |
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(1) tabulate and analyze the vehicle accident reports |
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it receives; |
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(2) annually or more frequently publish statistical |
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information derived from the accident reports as to the number, |
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cause, and location of highway accidents, including information |
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regarding the number of accidents involving injury to, death of, or |
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property damage to a bicyclist or pedestrian; and |
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(3) not later than December 15 of each even-numbered |
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year provide to the governor and the legislature: |
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(A) an abstract of the statistical information |
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for the biennium ending on the preceding August 31; and |
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(B) a report with the department's conclusions, |
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findings, and recommendations for decreasing highway accidents and |
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increasing highway safety. |
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(b) The department shall provide electronic access to the |
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system containing the accident reports so that the Department of |
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Public Safety can perform its duties, including the duty to make |
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timely entries on driver records. |
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SECTION 2. Subchapter D, Chapter 550, Transportation Code, |
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is amended by adding Section 550.060 to read as follows: |
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Sec. 550.060. DEFINITION. In this subchapter, "department" |
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means the Texas Department of Transportation. |
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SECTION 3. Section 550.063, Transportation Code, is amended |
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to read as follows: |
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Sec. 550.063. REPORT ON APPROPRIATE FORM. The form of all |
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written accident reports must be approved by the department and the |
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Department of Public Safety. A person who is required to file a |
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written accident report shall report on the appropriate form |
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[approved by the department] and shall disclose all information |
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required by the form unless the information is not available. |
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SECTION 4. Sections 601.004(a), (c), and (d), |
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Transportation Code, are amended to read as follows: |
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(a) The operator of a motor vehicle that is involved in an |
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accident in this state shall report the accident to the Texas |
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Department of Transportation [department] not later than the 10th |
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day after the date of the accident if: |
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(1) the accident is not investigated by a law |
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enforcement officer; and |
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(2) at least one person, including the operator, |
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sustained: |
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(A) bodily injury or death; or |
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(B) property damage to an apparent extent of at |
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least $1,000. |
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(c) The report must be made in writing in the form |
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prescribed by the Texas Department of Transportation and the |
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department and must contain information as necessary to enable the |
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department to determine if the requirements for the deposit of |
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security under Subchapter F do not apply because of the existence of |
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insurance or an exception specified in this chapter. The operator |
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or owner shall provide additional information as required by the |
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department. |
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(d) A written report of an accident made to the Texas |
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Department of Transportation [department] under Section 550.061 or |
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550.062 complies with this section if that report contains the |
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information required by this section. |
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SECTION 5. Section 411.0175, Government Code, is repealed. |
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SECTION 6. (a) On October 1, 2007: |
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(1) all duties, obligations, rights, contracts, |
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records, assets, funds, appropriations, and property, excluding |
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real property and office space, of the Department of Public Safety |
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that relate primarily to the collection, tabulation, analysis, and |
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maintenance of accident reports and records are transferred to the |
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Texas Department of Transportation; |
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(2) all rules, policies, forms, procedures, and |
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decisions of the Department of Public Safety that relate primarily |
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to collection, tabulation, analysis, and maintenance of accident |
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reports and records are continued in effect as rules, policies, |
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forms, procedures, and decisions of the Texas Department of |
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Transportation until superseded by a rule or other appropriate |
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action of the Texas Transportation Commission or appropriate action |
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of the Texas Department of Transportation; and |
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(3) 86 of the full-time employees of the Department of |
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Public Safety who primarily perform duties related to the |
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collection, tabulation, analysis, and maintenance of the accident |
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reports and records, including employees with management-level |
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experience and expertise sufficient to allow the crash records |
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bureau to immediately operate as an independent organizational unit |
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within the Texas Department of Transportation, become employees of |
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the Texas Department of Transportation. |
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(b) Not later than September 21, 2007, the Department of |
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Public Safety shall enter into a memorandum of understanding with |
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the Texas Department of Transportation to implement this section. |
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SECTION 7. This Act takes effect September 1, 2007. |