AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Texas law currently requires an operator of a motor vehicle involved in an accident resulting in injury or death of a person to immediately stop at the scene of the accident, or immediately return to the scene if the driver did not stop, and remain at the scene to render reasonable aid and assistance to a person who is injured, or possibly killed.

 

If an individual fails to follow the prescribed steps, he or she is presumably guilty of failure to stop and render aid, which is a third degree felony if the victim is killed or suffers a serious bodily injury.

 

In order to successfully prosecute failure to stop and render aid, the state must prove that the operator knew that the accident had resulted in death or injury of another, and made the conscious choice to leave the scene without rendering aid.

 

H.B. 3668 amends current law relating to an individual's responsibilities following an accident reasonably likely to result in injury to or death of a person, and imposes criminal penalties.

 

RULEMAKING AUTHORITY

 

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

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 550.021(a), Transportation Code, to require the operator of a vehicle involved in an accident that results or is reasonably likely to result in injury to or death of a person is required to perform certain duties, including immediately determining whether a person is involved in the accident, and if a person is involved in the accident, whether that person requires aid.

 

SECTION 2.  Makes application of the change in law made by this Act prospective.

 

SECTION 3.  Effective date:  September 1, 2013.