BILL ANALYSIS

H.B. 42

By: Menendez

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, a motor vehicle operator who damages a permanent or semi-permanent structure such as a building, house, or fence, and who leaves the scene of the accident, is not criminally liable.  Furthermore, an operator who damages such property is not required to give or leave the operator's contact information.

H.B. 42 makes it a criminal offense to damage a permanent or semi-permanent structure and leave the scene of the accident without locating or attempting to locate the owner of the damaged property and giving or leaving contact information.  A failure to comply with the bill's provisions is a Class C misdemeanor if the damage is less than $200 and a Class B misdemeanor if the damage is $200 or more.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 42 amends the Transportation Code to impose on the operator of a motor vehicle involved in an accident resulting only in damage to a structure adjacent to a highway the same duties as those imposed on an operator involved in an accident resulting only in damage to a fixture or landscaping legally on or adjacent to a highway.  The bill makes a conforming change. 

EFFECTIVE DATE

September 1, 2011.