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A BILL TO BE ENTITLED
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AN ACT
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relating to motor vehicle accident reports. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 550.025(a), Transportation Code, is |
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amended to read as follows: |
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(a) The operator of a vehicle involved in an accident |
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resulting only in damage to a structure adjacent to a highway or a |
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fixture or landscaping legally on or adjacent to a highway shall: |
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(1) take reasonable steps to locate and notify the |
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owner or person in charge of the property of the accident and of the |
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operator's name and address and the registration number of the |
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vehicle the operator was driving; and |
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(2) if requested and available, show the operator's |
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driver's license to the owner or person in charge of the property[;
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and
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[(3)
report the accident if required by Section
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550.061]. |
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SECTION 2. Effective September 1, 2019, Section 550.062(b), |
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Transportation Code, is amended to read as follows: |
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(b) The report required by Subsection (a) must be filed |
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electronically with the department not later than the 10th day |
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after the date of the accident. |
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SECTION 3. Section 550.064(b), Transportation Code, is |
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amended to read as follows: |
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(b) An accident report form prepared by the department must: |
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(1) require sufficiently detailed information to |
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disclose the cause and conditions of and the persons and vehicles |
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involved in an accident if the form is for the report to be made by a |
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person [involved in or] investigating the accident; |
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(2) include a way to designate and identify a peace |
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officer, firefighter, or emergency medical services employee who is |
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involved in an accident while driving a law enforcement vehicle, |
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fire department vehicle, or emergency medical services vehicle |
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while performing the person's duties; |
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(3) require a statement by a person described by |
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Subdivision (2) as to the nature of the accident; and |
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(4) include a way to designate whether an individual |
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involved in an accident wants to be contacted by a person seeking to |
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obtain employment as a professional described by Section 38.01(12), |
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Penal Code. |
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SECTION 4. Section 550.065(a), Transportation Code, is |
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amended to read as follows: |
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(a) This section applies only to the following information |
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that is held by the department or another governmental entity: |
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(1) a written report of an accident required under: |
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(A) Section [550.061,] 550.062[,]; or |
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(B) former Section 550.061 or 601.004 before |
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September 1, 2017; or |
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(2) accident report information compiled under |
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Section 201.806. |
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SECTION 5. Section 550.067(c), Transportation Code, is |
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amended to read as follows: |
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(c) A municipality by ordinance may require the person in |
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charge of a garage or repair shop where a motor vehicle is brought |
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if the vehicle shows evidence of having been involved in an accident |
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described by [requiring a report to be filed under] Section |
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550.062(a) [550.061 or 550.062] or shows evidence of having been |
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struck by a bullet to report to a department of the municipality |
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within 24 hours after the garage or repair shop receives the motor |
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vehicle, giving the engine number, registration number, and the |
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name and address of the owner or operator of the vehicle. |
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SECTION 6. Section 550.068, Transportation Code, is amended |
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to read as follows: |
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Sec. 550.068. CHANGING ACCIDENT REPORT. (a) Except as |
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provided by Subsection (b), a change in or a modification of a |
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written report of a motor vehicle accident prepared by a peace |
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officer [or the operator of a vehicle involved in an accident] that |
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alters a material fact in the report may be made only by the peace |
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officer [or person] who prepared the report. |
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(b) A change in or a modification of the written report of |
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the accident may be made by a person other than the peace officer |
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[or the operator of the vehicle] if: |
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(1) the change is made by a written supplement to the |
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report; and |
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(2) the written supplement clearly indicates the name |
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of the person who originated the change. |
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SECTION 7. Section 601.005, Transportation Code, is amended |
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to read as follows: |
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Sec. 601.005. EVIDENCE IN CIVIL SUIT. A [On the filing of a
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report under Section 601.004, a] person at a trial for damages may |
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not refer to or offer as evidence of the negligence or due care of a |
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party: |
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(1) an action taken by the department under this |
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chapter; |
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(2) the findings on which that action is based; or |
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(3) the security or evidence of financial |
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responsibility filed under this chapter. |
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SECTION 8. Sections 601.007(b) and (c), Transportation |
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Code, are amended to read as follows: |
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(b) The provisions of this chapter[, other than Section
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601.004,] do not apply to an officer, agent, or employee of the |
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United States, this state, or a political subdivision of this state |
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while operating a government vehicle in the course of that person's |
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employment. |
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(c) The provisions of this chapter, other than Section |
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[Sections 601.004 and] 601.054, do not apply to a motor vehicle that |
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is subject to Chapter 643. |
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SECTION 9. Section 601.154(c), Transportation Code, is |
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amended to read as follows: |
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(c) In determining whether there is a reasonable |
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probability that a judgment will be rendered against the person as a |
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result of an accident and the amount of security that is sufficient |
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under Subsection (a), the department may consider: |
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(1) a report of an investigating officer; and |
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(2) [an accident report of a party involved; and
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[(3)] an affidavit of a person who has knowledge of the |
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facts. |
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SECTION 10. Sections 730.003(4) and (6), Transportation |
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Code, are amended to read as follows: |
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(4) "Motor vehicle record" means a record that |
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pertains to a motor vehicle operator's or driver's license or |
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permit, motor vehicle registration, motor vehicle title, or |
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identification document issued by an agency of this state or a local |
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agency authorized to issue an identification document. The term |
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does not include: |
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(A) a record that pertains to a motor carrier; or |
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(B) an accident report prepared under: |
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(i) Chapter 550; or |
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(ii) former Section 601.004 before |
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September 1, 2017 [601]. |
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(6) "Personal information" means information that |
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identifies a person, including an individual's photograph or |
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computerized image, social security number, driver identification |
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number, name, address, but not the zip code, telephone number, and |
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medical or disability information. The term does not include: |
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(A) information on vehicle accidents, driving or |
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equipment-related violations, or driver's license or registration |
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status; or |
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(B) information contained in an accident report |
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prepared under: |
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(i) Chapter 550; or |
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(ii) former Section 601.004 before |
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September 1, 2017 [601]. |
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SECTION 11. Sections 550.061 and 601.004, Transportation |
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Code, are repealed. |
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SECTION 12. This Act takes effect September 1, 2017. |