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  H.B. No. 2190
 
 
 
 
AN ACT
  relating to the terminology used to describe
  transportation-related accidents.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.085(b), Transportation Code, is
  amended to read as follows:
         (b)  A joint board may use contracts and rating plans and may
  implement risk management programs designed to prevent collisions
  [accidents]. In developing its insurance program, a joint board
  may consider the peculiar hazards, indemnity standards, and past
  prospective loss and expense experience of the joint board and of
  its contractors and subcontractors.
         SECTION 2.  Sections 112.103(b) and (c), Transportation
  Code, are amended to read as follows:
         (b)  An operator who is involved, while operating a
  locomotive, in a collision [an accident] resulting in injury to or
  death of a person or damage to a vehicle that is driven or attended
  by a person shall immediately stop the locomotive at the scene of
  the collision [accident].
         (c)  The operator shall render to a person injured in the
  collision [accident] reasonable assistance, including
  transporting, or the making of arrangements for transporting, the
  person to a physician, surgeon, or hospital for medical or surgical
  treatment if it is apparent that treatment is necessary or if the
  injured person requests transportation.
         SECTION 3.  Section 192.005, Transportation Code, is amended
  to read as follows:
         Sec. 192.005.  RECORD OF COLLISION [ACCIDENT] OR
  VIOLATION.  If a person operating a railroad locomotive or train is
  involved in a collision [an accident] with another train or a motor
  vehicle or is arrested for violation of a law relating to the
  person's operation of a railroad locomotive or train:
               (1)  the number of or other identifying information on
  the person's driver's license or commercial driver's license may not
  be included in any report of the collision [accident] or violation;
  and
               (2)  the person's involvement in the collision
  [accident] or violation may not be recorded in the person's
  individual driving record maintained by the Department of Public
  Safety.
         SECTION 4.  Section 201.806, Transportation Code, is amended
  to read as follows:
         Sec. 201.806.  COLLISION [ACCIDENT] REPORTS. (a)  The
  department shall:
               (1)  tabulate and analyze the vehicle collision
  [accident] reports it receives; and
               (2)  annually or more frequently publish on the
  department's Internet website statistical information derived from
  the collision [accident] reports as to the number, cause, and
  location of highway collisions [accidents], including information
  regarding the number of:
                     (A)  collisions [accidents] involving injury to,
  death of, or property damage to a bicyclist or pedestrian; and
                     (B)  fatalities caused by a bridge collapse, as
  defined by Section 550.081.
         (b)  The department shall provide electronic access to the
  system containing the collision [accident] reports so that the
  Department of Public Safety can perform its duties, including the
  duty to make timely entries on driver records.
         SECTION 5.  Sections 201.909(a), (b), and (c),
  Transportation Code, are amended to read as follows:
         (a)  In this section, "victim" means a person killed in a
  highway collision [accident] involving alcohol or a controlled
  substance, excluding an operator who was under the influence of
  alcohol or a controlled substance.
         (b)  The commission by rule shall establish and administer a
  memorial sign program to publicly memorialize the victims of
  alcohol or controlled substance-related vehicle collisions
  [accidents].
         (c)  A sign designed and posted under this section shall
  include:
               (1)  the phrase "Please Don't Drink and Drive";
               (2)  the phrase "In Memory Of" and the name of one or
  more victims in accordance with the commission rule; and
               (3)  the date of the collision [accident] that resulted
  in the victim's death.
         SECTION 6.  Sections 201.911(a), (b), and (c),
  Transportation Code, are amended to read as follows:
         (a)  In this section, "victim" means a person killed in a
  highway collision [accident] while operating or riding on a
  motorcycle.
         (b)  The commission by rule shall establish and administer a
  memorial sign program to publicly memorialize the victims of
  motorcycle collisions [accidents].
         (c)  A sign designed and posted under this section shall
  include:
               (1)  a red cross;
               (2)  the phrase "In Memory Of" and the name of one or
  more victims in accordance with the commission rule; and
               (3)  the date of the collision [accident] that resulted
  in the victim's death.
         SECTION 7.  Section 222.003(d), Transportation Code, is
  amended to read as follows:
         (d)  Of the aggregate principal amount of bonds and other
  public securities that may be issued under this section, the
  commission shall issue bonds or other public securities in an
  aggregate principal amount of $1.2 billion to fund projects that
  reduce collisions [accidents] or correct or improve hazardous
  locations on the state highway system.  The commission by rule
  shall prescribe criteria for selecting projects eligible for
  funding under this section.  In establishing criteria for the
  projects, the commission shall consider collision [accident] data,
  traffic volume, pavement geometry, and other conditions that can
  create or exacerbate hazardous roadway conditions.
         SECTION 8.  Section 391.038(c-2), Transportation Code, is
  amended to read as follows:
         (c-2)  Subsection (c-1) does not apply to the rebuilding of a
  sign under Subsection (c) if the person who holds the permit for the
  sign rebuilds because of damage to the sign caused by:
               (1)  wind or a natural disaster;
               (2)  a motor vehicle collision [accident]; or
               (3)  an act of God.
         SECTION 9.  Section 451.108(c), Transportation Code, is
  amended to read as follows:
         (c)  A peace officer commissioned under this section, except
  as provided by Subsections (d) and (e), or a peace officer
  contracted for employment by an authority confirmed before July 1,
  1985, in which the principal municipality has a population of less
  than 850,000, may:
               (1)  make an arrest in any county in which the transit
  authority system is located as necessary to prevent or abate the
  commission of an offense against the law of this state or a
  political subdivision of this state if the offense or threatened
  offense occurs on or involves the transit authority system;
               (2)  make an arrest for an offense involving injury or
  detriment to the transit authority system;
               (3)  enforce traffic laws and investigate traffic
  collisions [accidents] that involve or occur in the transit
  authority system; and
               (4)  provide emergency and public safety services to
  the transit authority system or users of the transit authority
  system.
         SECTION 10.  Section 451.454(c), Transportation Code, is
  amended to read as follows:
         (c)  Each audit must include an examination of:
               (1)  one or more of the following:
                     (A)  the administration and management of the
  authority;
                     (B)  transit operations; or
                     (C)  transit authority system maintenance;
               (2)  the authority's compliance with applicable state
  law, including this chapter; and
               (3)  the following performance indicators:
                     (A)  operating cost per passenger, per revenue
  mile, and per revenue hour;
                     (B)  sales and use tax receipts per passenger;
                     (C)  fare recovery rate;
                     (D)  average vehicle occupancy;
                     (E)  on-time performance;
                     (F)  number of collisions [accidents] per 100,000
  miles; and
                     (G)  number of miles between mechanical road
  calls.
         SECTION 11.  Section 451.455(h), Transportation Code, is
  amended to read as follows:
         (h)  The number of collisions [accidents] per 100,000 miles
  is computed by multiplying the annual number of collisions
  [accidents] by 100,000 and dividing the product by the number of
  miles for all service, including charter and nonrevenue service,
  directly operated by the authority for the same period. In this
  subsection, "collision [accident]" includes:
               (1)  a collision that involves an authority's revenue
  vehicle, other than a lawfully parked revenue vehicle, and that
  results in property damage, injury, or death; and
               (2)  an incident that results in the injury or death of
  a person on board or boarding or alighting from an authority's
  revenue vehicle.
         SECTION 12.  Section 452.062(b), Transportation Code, is
  amended to read as follows:
         (b)  An authority may use contracts, rating plans, and risk
  management programs designed to encourage collision [accident]
  prevention.
         SECTION 13.  Section 452.454(c), Transportation Code, is
  amended to read as follows:
         (c)  Each audit must include an examination of:
               (1)  one or more of the following:
                     (A)  the administration and management of the
  authority;
                     (B)  transit operations; or
                     (C)  transit authority system maintenance;
               (2)  the authority's compliance with applicable state
  law, including this chapter; and
               (3)  the following performance indicators:
                     (A)  subsidy per passenger, operating cost per
  revenue mile, and operating cost per revenue hour;
                     (B)  sales and use tax receipts per passenger;
                     (C)  fare recovery rate;
                     (D)  number of passengers per hour;
                     (E)  on-time performance;
                     (F)  number of collisions [accidents] per 100,000
  miles; and
                     (G)  number of miles between mechanical service
  calls.
         SECTION 14.  Section 452.455(i), Transportation Code, is
  amended to read as follows:
         (i)  The number of collisions [accidents] per 100,000 miles
  is computed by multiplying the annual number of collisions
  [accidents] by 100,000 and dividing the product by the number of
  miles for all service, including charter and nonrevenue service for
  the same period.  In this subsection, "collision [accident]"
  includes:
               (1)  a collision that involves an authority's revenue
  vehicle, other than a lawfully parked revenue vehicle, and results
  in property damage, injury, or death; and
               (2)  an operating incident resulting in the injury or
  death of a person on board or boarding or alighting from an
  authority's revenue vehicle.
         SECTION 15.  Section 460.110(b), Transportation Code, is
  amended to read as follows:
         (b)  An authority may use contracts, rating plans, and risk
  management programs designed to encourage collision [accident]
  prevention.
         SECTION 16.  Section 463.065(b), Transportation Code, is
  amended to read as follows:
         (b)  An authority may use contracts, rating plans, and risk
  management programs designed to encourage collision [accident]
  prevention.
         SECTION 17.  Section 521.025(c), Transportation Code, is
  amended to read as follows:
         (c)  A person who violates this section commits an
  offense.  An offense under this subsection is a misdemeanor
  punishable by a fine not to exceed $200, except that:
               (1)  for a second conviction within one year after the
  date of the first conviction, the offense is a misdemeanor
  punishable by a fine of not less than $25 or more than $200;
               (2)  for a third or subsequent conviction within one
  year after the date of the second conviction the offense is a
  misdemeanor punishable by:
                     (A)  a fine of not less than $25 or more than $500;
                     (B)  confinement in the county jail for not less
  than 72 hours or more than six months; or
                     (C)  both the fine and confinement; and
               (3)  if it is shown on the trial of the offense that at
  the time of the offense the person was operating the motor vehicle
  in violation of Section 601.191 and caused or was at fault in a
  motor vehicle collision [accident] that resulted in serious bodily
  injury to or the death of another person, an offense under this
  section is a Class A misdemeanor.
         SECTION 18.  Section 521.042, Transportation Code, is
  amended to read as follows:
         Sec. 521.042.  COLLISION [ACCIDENT] AND CONVICTION REPORTS;
  INDIVIDUAL RECORDS. (a) Except as provided by this section, the
  department shall record each collision [accident] report and
  abstract of the court record of a conviction received by the
  department under a law of this state.
         (b)  The records must enable the department to consider, on
  receipt of a renewal application and at other suitable times, the
  record of each license holder that shows any:
               (1)  conviction of that license holder; and
               (2)  traffic collision [accident] in which the license
  holder has been involved.
         (c)  The record of a license holder who is employed as a peace
  officer, fire fighter, or emergency medical services employee of
  this state, a political subdivision of this state, or a special
  purpose district may not include information relating to a traffic
  collision [accident] that occurs while the peace officer, fire
  fighter, or emergency medical services employee is driving an
  official vehicle in the course and scope of the license holder's
  official duties if:
               (1)  the traffic collision [accident] resulted in
  damages to property of less than $1,000; or
               (2)  an investigation of the collision [accident] by a
  peace officer, other than a peace officer involved in the collision
  [accident], determines that the peace officer, fire fighter, or
  emergency medical services employee involved in the collision
  [accident] was not at fault.
         (d)  Before issuing or renewing a license, the department
  shall examine the record of the applicant for information relating
  to a conviction of a traffic violation or involvement in a traffic
  collision [accident]. The department may not issue or renew a
  license if the department determines that the issuance or renewal
  of the license would be inimical to the public safety.
         (e)  The director may maintain records required under this
  subchapter on microfilm or computer.
         SECTION 19.  The heading to Section 521.046, Transportation
  Code, is amended to read as follows:
         Sec. 521.046.  DISCLOSURE OF COLLISION [ACCIDENT] AND
  CONVICTION INFORMATION.
         SECTION 20.  Section 521.046(a), Transportation Code, is
  amended to read as follows:
         (a)  In addition to the information authorized to be released
  under Section 521.045, on receipt of a written request and payment
  of a $6 fee, the department may disclose that information and
  information regarding each reported motor vehicle moving
  violation, as defined by department rule, resulting in a traffic
  law conviction and each motor vehicle collision [accident] in which
  the individual received a citation, by date and location, within
  the three years preceding the date of the request, to a person who:
               (1)  is eligible to receive the information under
  Chapter 730; and
               (2)  submits to the department the individual's
  driver's license number or the individual's full name and date of
  birth.
         SECTION 21.  Section 521.047(b), Transportation Code, is
  amended to read as follows:
         (b)  The department may disclose information as recorded in
  department records that relates to:
               (1)  the individual's date of birth;
               (2)  the current license status of the individual;
               (3)  the individual's most recent address;
               (4)  the completion of an approved driver education
  course by the individual;
               (5)  the fact of, but not the reason for, completion of
  a driver safety course by the individual; and
               (6)  each of the individual's reported traffic law
  violations and motor vehicle collisions [accidents], by date and
  location.
         SECTION 22.  Section 521.049(e), Transportation Code, is
  amended to read as follows:
         (e)  A driver's license record or personal identification
  certificate record provided under Subsection (d)(1) may not include
  information relating to an individual's social security number or
  any collision [accident] or conviction information about an
  individual.
         SECTION 23.  Section 521.060(a), Transportation Code, is
  amended to read as follows:
         (a)  The department shall maintain in its files a record of
  the name, address, and telephone number of each individual
  identified by the holder of a driver's license or personal
  identification certificate as an individual the holder authorizes
  to be contacted in the event that the holder is injured or dies in or
  as a result of a vehicular collision [accident] or another
  emergency situation.  In addition, the department shall maintain
  in its files a record of any medical information described by
  Section 521.125(a) that is provided to the department under
  Subsection (c) or any health condition information that is
  voluntarily provided to the department under Section 521.142(h).
         SECTION 24.  Section 521.292(a), Transportation Code, is
  amended to read as follows:
         (a)  The department shall suspend the person's license if the
  department determines that the person:
               (1)  has operated a motor vehicle on a highway while the
  person's license was suspended, canceled, disqualified, or
  revoked, or without a license after an application for a license was
  denied;
               (2)  is a habitually reckless or negligent operator of
  a motor vehicle;
               (3)  is a habitual violator of the traffic laws;
               (4)  has permitted the unlawful or fraudulent use of
  the person's license;
               (5)  has committed an offense in another state or
  Canadian province that, if committed in this state, would be
  grounds for suspension;
               (6)  has been convicted of two or more separate
  offenses of a violation of a restriction imposed on the use of the
  license;
               (7)  has been responsible as a driver for any collision
  [accident] resulting in serious personal injury or serious property
  damage;
               (8)  is under 18 years of age and has been convicted of
  two or more moving violations committed within a 12-month period;
  or
               (9)  has committed an offense under Section 545.421.
         SECTION 25.  Section 521.457(f-2), Transportation Code, is
  amended to read as follows:
         (f-2)  An offense under this section is a Class A misdemeanor
  if it is shown on the trial of the offense that at the time of the
  offense the person was operating the motor vehicle in violation of
  Section 601.191 and caused or was at fault in a motor vehicle
  collision [accident] that resulted in serious bodily injury to or
  the death of another person.
         SECTION 26.  Section 522.003(25), Transportation Code, is
  amended to read as follows:
               (25)  "Serious traffic violation" means:
                     (A)  a conviction arising from the driving of a
  motor vehicle, other than a parking, vehicle weight, or vehicle
  defect violation, for:
                           (i)  excessive speeding, involving a single
  charge of driving 15 miles per hour or more above the posted speed
  limit;
                           (ii)  reckless driving, as defined by state
  or local law;
                           (iii)  a violation of a state or local law
  related to motor vehicle traffic control, including a law
  regulating the operation of vehicles on highways, arising in
  connection with a fatal collision [accident];
                           (iv)  improper or erratic traffic lane
  change;
                           (v)  following the vehicle ahead too
  closely; or
                           (vi)  a violation of Sections 522.011 or
  522.042; or
                     (B)  a violation of Section 522.015.
         SECTION 27.  Section 522.081(b), Transportation Code, is
  amended to read as follows:
         (b)  Except as provided by this subsection, this subsection
  applies to a violation committed while operating any type of motor
  vehicle, including a commercial motor vehicle.  A person who holds
  a commercial driver's license or commercial learner's permit is
  disqualified from driving a commercial motor vehicle for one year:
               (1)  if convicted of three violations of a law that
  regulates the operation of a motor vehicle at a railroad grade
  crossing that occur within a three-year period;
               (2)  on first conviction of:
                     (A)  driving a motor vehicle under the influence
  of alcohol or a controlled substance, including a violation of
  Section 49.04, 49.045, or 49.07, Penal Code;
                     (B)  leaving the scene of a collision [an
  accident] involving a motor vehicle driven by the person;
                     (C)  using a motor vehicle in the commission of a
  felony, other than a felony described by Subsection (d)(2);
                     (D)  causing the death of another person through
  the negligent or criminal operation of a motor vehicle; or
                     (E)  driving a commercial motor vehicle while the
  person's commercial driver's license or commercial learner's permit
  is revoked, suspended, or canceled, or while the person is
  disqualified from driving a commercial motor vehicle, for an action
  or conduct that occurred while operating a commercial motor
  vehicle;
               (3)  for refusing to submit to a test under Chapter 724
  to determine the person's alcohol concentration or the presence in
  the person's body of a controlled substance or drug while operating
  a motor vehicle in a public place; or
               (4)  if an analysis of the person's blood, breath, or
  urine under Chapter 522, 524, or 724 determines that the person:
                     (A)  had an alcohol concentration of 0.04 or more,
  or that a controlled substance or drug was present in the person's
  body, while operating a commercial motor vehicle in a public place;
  or
                     (B)  had an alcohol concentration of 0.08 or more
  while operating a motor vehicle, other than a commercial motor
  vehicle, in a public place.
         SECTION 28.  Section 523.005(a), Transportation Code, is
  amended to read as follows:
         (a)  The licensing authority in the home state, for the
  purpose of suspension, revocation, cancellation, denial,
  disqualification, or limitation of the privilege to operate a motor
  vehicle, shall give the same effect to the conduct reported
  pursuant to Section 523.004 as it would if such conduct had occurred
  in the home state in the case of conviction for:
               (1)  manslaughter or negligent homicide resulting from
  the operation of a motor vehicle;
               (2)  driving a motor vehicle while under the influence
  of alcoholic beverages or a narcotic to a degree which renders the
  driver incapable of safely driving a motor vehicle;
               (3)  any felony in the commission of which a motor
  vehicle is used; or
               (4)  failure to stop and render aid or information in
  the event of a motor vehicle collision [accident] resulting in the
  death or personal injury of another.
         SECTION 29.  Section 542.206, Transportation Code, is
  amended to read as follows:
         Sec. 542.206.  EFFECT OF SPEED LIMITS IN A CIVIL ACTION. A
  provision of this subtitle declaring a maximum or minimum speed
  limit does not relieve the plaintiff in a civil action from the
  burden of proving negligence of the defendant as the proximate
  cause of a collision [an accident].
         SECTION 30.  Section 542.4045, Transportation Code, is
  amended to read as follows:
         Sec. 542.4045.  PENALTIES FOR FAILURE TO YIELD RIGHT-OF-WAY
  OFFENSE RESULTING IN COLLISION [ACCIDENT]. If it is shown on the
  trial of an offense under this subtitle in which an element is the
  failure by the operator of a vehicle to yield the right-of-way to
  another vehicle that a collision [an accident] resulted from the
  operator's failure to yield the right-of-way:
               (1)  the offense is punishable by a fine of not less
  than $500 or more than $2,000, if a person other than the operator
  of the vehicle suffered bodily injury, as defined by Section 1.07,
  Penal Code, in the collision [accident]; and
               (2)  the offense is punishable by a fine of not less
  than $1,000 or more than $4,000, if a person other than the operator
  of the vehicle suffered serious bodily injury, as defined by
  Section 1.07, Penal Code, in the collision [accident].
         SECTION 31.  Section 543.002(a), Transportation Code, is
  amended to read as follows:
         (a)  A person arrested for a violation of this subtitle
  punishable as a misdemeanor shall be immediately taken before a
  magistrate if:
               (1)  the person is arrested on a charge of failure to
  stop in the event of a collision [an accident] causing damage to
  property; or
               (2)  the person demands an immediate appearance before
  a magistrate or refuses to make a written promise to appear in court
  as provided by this subchapter.
         SECTION 32.  Section 543.011(c), Transportation Code, is
  amended to read as follows:
         (c)  The law enforcement agency shall:
               (1)  as soon as practicable contact the United States
  Department of State to verify the person's status and immunity, if
  any; and
               (2)  not later than the fifth working day after the date
  of the stop or issuance of the notice to appear, send to the Bureau
  of Diplomatic Security and the Office of Foreign Missions of the
  United States Department of State the following:
                     (A)  a copy of any notice to appear issued to the
  person and any collision [accident] report prepared; or
                     (B)  if a notice to appear was not issued and a
  collision [an accident] report was not prepared, a written report
  of the incident.
         SECTION 33.  Section 545.356(d), Transportation Code, is
  amended to read as follows:
         (d)  The governing body of a municipality that declares a
  lower speed limit on a highway or part of a highway under Subsection
  (b-1) or (b-3), not later than February 1 of each year, shall
  publish on its Internet website and submit to the department a
  report that compares for each of the two previous calendar years:
               (1)  the number of traffic citations issued by peace
  officers of the municipality and the alleged speed of the vehicles,
  for speed limit violations on the highway or part of the highway;
               (2)  the number of warning citations issued by peace
  officers of the municipality on the highway or part of the highway;
  and
               (3)  the number of vehicular collisions [accidents]
  that resulted in injury or death and were attributable to speed
  limit violations on the highway or part of the highway.
         SECTION 34.  Section 545.3561, Transportation Code, is
  amended to read as follows:
         Sec. 545.3561.  AUTHORITY OF MUNICIPALITY OR COUNTY TO
  TEMPORARILY LOWER SPEED LIMIT AT VEHICULAR COLLISION [ACCIDENT]
  RECONSTRUCTION SITE. (a)  The governing body of a municipality by
  ordinance may give a designated official with transportation
  engineering experience establishing speed limits discretion to
  temporarily lower a prima facie speed limit for a highway or part of
  a highway in the municipality, including a highway of the state
  highway system, at the site of an investigation using vehicular
  collision [accident] reconstruction.
         (b)  A county commissioners court by order may give a
  designated official with transportation engineering experience
  establishing speed limits discretion to temporarily lower prima
  facie speed limits for a county road or highway outside the
  boundaries of a municipality at the site of an investigation using
  vehicular collision [accident] reconstruction.  The authority
  granted under this subsection does not include a road or highway in
  the state highway system.
         (c)  The Texas Department of Transportation shall develop
  safety guidelines for the use of vehicular collision [accident]
  reconstruction in investigations.  A municipality, county, or
  designated official shall comply with the guidelines.
         (d)  A designated official may temporarily lower prima facie
  speed limits without the approval of or permission from the Texas
  Department of Transportation.  A designated official who intends
  to temporarily lower a prima facie speed limit at the site of an
  investigation using vehicular collision [accident] reconstruction
  shall, at least 48 hours before temporary speed limit signs are
  posted for the vehicular collision [accident] reconstruction site,
  provide to the Texas Department of Transportation notice that
  includes:
               (1)  the date and time of the collision [accident]
  reconstruction;
               (2)  the location of the collision [accident]
  reconstruction site;
               (3)  the entities involved at the site;
               (4)  the general size of the area affected by the site;
  and
               (5)  an estimate of how long the site will be used for
  the collision [accident] reconstruction.
         (e)  A temporary speed limit established under this section:
               (1)  is a prima facie prudent and reasonable speed
  limit enforceable in the same manner as other prima facie speed
  limits established under other provisions of this subchapter; and
               (2)  supersedes any other established speed limit that
  would permit a person to operate a motor vehicle at a higher rate of
  speed.
         (f)  A designated official who temporarily lowers a speed
  limit shall:
               (1)  place and maintain at the vehicular collision
  [accident] reconstruction site temporary speed limit signs that
  conform to the manual and specifications adopted under Section
  544.001;
               (2)  temporarily conceal all other signs on the highway
  segment affected by the vehicular collision [accident]
  reconstruction site that give notice of a speed limit that would
  permit a person to operate a motor vehicle at a higher rate of
  speed; and
               (3)  remove all temporary speed limit signs placed
  under Subdivision (1) and concealments of other signs placed under
  Subdivision (2) when the official finds that the vehicular
  collision [accident] reconstruction is complete and all equipment
  is removed from the vehicular collision [accident] reconstruction
  site.
         (g)  A temporary speed limit established under this section
  is effective when a designated official places temporary speed
  limit signs and conceals other signs that would permit a person to
  operate a motor vehicle at a higher rate of speed as required under
  Subsection (f).
         (h)  A temporary speed limit established under this section
  is effective until the designated official under Subsection (a) or
  (b):
               (1)  finds that the vehicular collision [accident]
  reconstruction is complete; and
               (2)  removes all temporary signs, concealments, and
  equipment used at the vehicular collision [accident]
  reconstruction site.
         (i)  If a designated official does not comply with the
  requirements of Subsection (f)(3) for a vehicular collision
  [accident] reconstruction on a state highway associated with the
  reconstruction, the Texas Department of Transportation may remove
  signs and concealments.
         SECTION 35.  Section 545.4121(b), Transportation Code, is
  amended to read as follows:
         (b)  It is a defense to prosecution of an offense to which
  this section applies that the defendant provides to the court
  evidence satisfactory to the court that:
               (1)  at the time of the offense:
                     (A)  the defendant was not arrested or issued a
  citation for violation of any other offense;
                     (B)  the defendant did not possess a child
  passenger safety seat system in the vehicle; and
                     (C)  the vehicle the defendant was operating was
  not involved in a collision [an accident]; and
               (2)  subsequent to the time of the offense,
  the  defendant obtained an appropriate child passenger safety seat
  system for each child required to be secured in a child passenger
  safety seat system under Section 545.412(a).
         SECTION 36.  Section 545.420(i), Transportation Code, is
  amended to read as follows:
         (i)  This subsection applies only to a motor vehicle used in
  the commission of an offense under this section that results in a
  collision [an accident] with property damage or personal injury.  A
  peace officer shall require the vehicle to be taken to the nearest
  licensed vehicle storage facility unless the vehicle is seized as
  evidence, in which case the vehicle may be taken to a storage
  facility as designated by the peace officer
  involved.  Notwithstanding Article 18.23, Code of Criminal
  Procedure, the owner of a motor vehicle that is removed or stored
  under this subsection is liable for all removal and storage fees
  incurred and is not entitled to take possession of the vehicle until
  those fees are paid.
         SECTION 37.  The heading to Section 545.428, Transportation
  Code, is amended to read as follows:
         Sec. 545.428.  MOTOR VEHICLE COLLISION [ACCIDENT] INVOLVING
  PEDESTRIAN OR OTHER VULNERABLE ROAD USER WITHIN AREA OF CROSSWALK;
  OFFENSE.
         SECTION 38.  Section 545.455, Transportation Code, is
  amended to read as follows:
         Sec. 545.455.  DUTIES FOLLOWING COLLISION [ACCIDENT]
  INVOLVING AUTOMATED MOTOR VEHICLE.  In the event of a collision [an
  accident] involving an automated motor vehicle, the automated motor
  vehicle or any human operator of the automated motor vehicle shall
  comply with Chapter 550.
         SECTION 39.  Section 547.305(d), Transportation Code, is
  amended to read as follows:
         (d)  A vehicle may be equipped with alternately flashing
  lighting equipment described by Section 547.701 or 547.702 only if
  the vehicle is:
               (1)  a school bus;
               (2)  an authorized emergency vehicle;
               (3)  a church bus that has the words "church bus"
  printed on the front and rear of the bus so as to be clearly
  discernable to other vehicle operators;
               (4)  a tow truck while under the direction of a law
  enforcement officer at the scene of a collision [an accident] or
  while hooking up to a disabled vehicle on a roadway; or
               (5)  a tow truck with a mounted light bar which has turn
  signals and stop lamps in addition to those required by Sections
  547.322, 547.323, and 547.324, Transportation Code.
         SECTION 40.  Section 547.615(a)(2), Transportation Code, is
  amended to read as follows:
               (2)  "Recording device" means a feature that is
  installed by the manufacturer in a motor vehicle and that does any
  of the following for the purpose of retrieving information from the
  vehicle after a collision [an accident] in which the vehicle has
  been involved:
                     (A)  records the speed and direction the vehicle
  is traveling;
                     (B)  records vehicle location data;
                     (C)  records steering performance;
                     (D)  records brake performance, including
  information on whether brakes were applied before a collision [an
  accident];
                     (E)  records the driver's safety belt status; or
                     (F)  transmits information concerning the
  collision [accident] to a central communications system when the
  collision [accident] occurs.
         SECTION 41.  Section 547.615(c), Transportation Code, is
  amended to read as follows:
         (c)  Information recorded or transmitted by a recording
  device may not be retrieved by a person other than the owner of the
  motor vehicle in which the recording device is installed except:
               (1)  on court order;
               (2)  with the consent of the owner for any purpose,
  including for the purpose of diagnosing, servicing, or repairing
  the motor vehicle;
               (3)  for the purpose of improving motor vehicle safety,
  including for medical research on the human body's reaction to
  motor vehicle collisions [accidents], if the identity of the owner
  or driver of the vehicle is not disclosed in connection with the
  retrieved information; or
               (4)  for the purpose of determining the need for or
  facilitating emergency medical response in the event of a motor
  vehicle collision [accident].
         SECTION 42.  Section 548.053(b), Transportation Code, is
  amended to read as follows:
         (b)  A vehicle that is inspected and is subsequently involved
  in a collision or other incident [an accident] affecting the safe
  operation of an item of inspection must be reinspected following
  repair. The reinspection must be at an inspection station and shall
  be treated and charged as an initial inspection.
         SECTION 43.  The heading to Chapter 550, Transportation
  Code, is amended to read as follows:
  CHAPTER 550.  COLLISIONS [ACCIDENTS] AND COLLISION [ACCIDENT]
  REPORTS
         SECTION 44.  The heading to Subchapter B, Chapter 550,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER B.  DUTIES FOLLOWING COLLISION [ACCIDENT]
         SECTION 45.  Section 550.021, Transportation Code, is
  amended to read as follows:
         Sec. 550.021.  COLLISION [ACCIDENT] INVOLVING PERSONAL
  INJURY OR DEATH. (a)  The operator of a vehicle involved in a
  collision [an accident] that results or is reasonably likely to
  result in injury to or death of a person shall:
               (1)  immediately stop the vehicle at the scene of the
  collision [accident] or as close to the scene as possible;
               (2)  immediately return to the scene of the collision
  [accident] if the vehicle is not stopped at the scene of the
  collision [accident];
               (3)  immediately determine whether a person is involved
  in the collision [accident], and if a person is involved in the
  collision [accident], whether that person requires aid; and
               (4)  remain at the scene of the collision [accident]
  until the operator complies with the requirements of Section
  550.023.
         (b)  An operator of a vehicle required to stop the vehicle by
  Subsection (a) shall do so without obstructing traffic more than is
  necessary.
         (c)  A person commits an offense if the person does not stop
  or does not comply with the requirements of this section.  An
  offense under this section:
               (1)  involving a collision [an accident] resulting in:
                     (A)  death of a person is a felony of the second
  degree; or
                     (B)  serious bodily injury, as defined by Section
  1.07, Penal Code, to a person is a felony of the third degree; and
               (2)  involving a collision [an accident] resulting in
  injury to which Subdivision (1) does not apply is punishable by:
                     (A)  imprisonment in the Texas Department of
  Criminal Justice for not more than five years or confinement in the
  county jail for not more than one year;
                     (B)  a fine not to exceed $5,000; or
                     (C)  both the fine and the imprisonment or
  confinement.
         SECTION 46.  The heading to Section 550.022, Transportation
  Code, is amended to read as follows:
         Sec. 550.022.  COLLISION [ACCIDENT] INVOLVING DAMAGE TO
  VEHICLE.
         SECTION 47.  Sections 550.022(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  Except as provided by Subsection (b), the operator of a
  vehicle involved in a collision [an accident] resulting only in
  damage to a vehicle that is driven or attended by a person shall:
               (1)  immediately stop the vehicle at the scene of the
  collision [accident] or as close as possible to the scene of the
  collision [accident] without obstructing traffic more than is
  necessary;
               (2)  immediately return to the scene of the collision
  [accident] if the vehicle is not stopped at the scene of the
  collision [accident]; and
               (3)  remain at the scene of the collision [accident]
  until the operator complies with the requirements of Section
  550.023.
         (b)  If a collision [an accident] occurs on a main lane,
  ramp, shoulder, median, or adjacent area of a freeway in a
  metropolitan area and each vehicle involved can be normally and
  safely driven, each operator shall move the operator's vehicle as
  soon as possible to a designated collision [accident] investigation
  site, if available, a location on the frontage road, the nearest
  suitable cross street, or other suitable location to complete the
  requirements of Section 550.023 and minimize interference with
  freeway traffic.
         SECTION 48.  Section 550.023, Transportation Code, is
  amended to read as follows:
         Sec. 550.023.  DUTY TO GIVE INFORMATION AND RENDER AID. The
  operator of a vehicle involved in a collision [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 collision
  [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.
         SECTION 49.  Section 550.025(a), Transportation Code, is
  amended to read as follows:
         (a)  The operator of a vehicle involved in a collision [an
  accident] resulting only in damage to a structure adjacent to a
  highway or a fixture or landscaping legally on or adjacent to a
  highway shall:
               (1)  take reasonable steps to locate and notify the
  owner or person in charge of the property of the collision
  [accident] and of the operator's name and address and the
  registration number of the vehicle the operator was driving; and
               (2)  if requested and available, show the operator's
  driver's license to the owner or person in charge of the property.
         SECTION 50.  Section 550.026, Transportation Code, is
  amended to read as follows:
         Sec. 550.026.  IMMEDIATE REPORT OF COLLISION [ACCIDENT].
  (a) The operator of a vehicle involved in a collision [an accident]
  resulting in injury to or death of a person or damage to a vehicle to
  the extent that it cannot be normally and safely driven shall
  immediately by the quickest means of communication give notice of
  the collision [accident] to the:
               (1)  local police department if the collision
  [accident] occurred in a municipality;
               (2)  local police department or the sheriff's office if
  the collision [accident] occurred not more than 100 feet outside
  the limits of a municipality; or
               (3)  sheriff's office or the nearest office of the
  department if the collision [accident] is not required to be
  reported under Subdivision (1) or (2).
         (b)  If a section of road is within 100 feet of the limits of
  more than one municipality, the municipalities may agree regarding
  the maintenance of reports made under Subsection (a)(2). A county
  may agree with municipalities in the county regarding the
  maintenance of reports made under Subsection (a)(2). An agreement
  under this subsection does not affect the duty to report a collision
  [an accident] under Subsection (a).
         SECTION 51.  The heading to Subchapter C, Chapter 550,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER C.  INVESTIGATION OF COLLISION [ACCIDENT]
         SECTION 52.  Section 550.041(a), Transportation Code, is
  amended to read as follows:
         (a)  A peace officer who is notified of a motor vehicle
  collision [accident] resulting in injury to or death of a person or
  property damage to an apparent extent of at least $1,000 may
  investigate the collision [accident] and file justifiable charges
  relating to the collision [accident] without regard to whether the
  collision [accident] occurred on property to which this chapter
  applies.
         SECTION 53.  The heading to Subchapter D, Chapter 550,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER D.  WRITTEN COLLISION [ACCIDENT] REPORT
         SECTION 54.  Section 550.062, Transportation Code, is
  amended to read as follows:
         Sec. 550.062.  OFFICER'S COLLISION [ACCIDENT] REPORT. (a)
  A law enforcement officer who in the regular course of duty
  investigates a motor vehicle collision [accident] shall make a
  written report of the collision [accident] if the collision
  [accident] resulted in injury to or the death of a person or damage
  to the property of any one person to the apparent extent of $1,000
  or more.
         (b)  The report required by Subsection (a) must be filed
  electronically with the department not later than the 10th day
  after the date of the collision [accident].
         (b-1)  If the motor vehicle collision [accident] involved a
  combination of vehicles operating under a permit issued under
  Section 623.402, the report required by Subsection (a) must include
  the weight and the number of axles of the vehicle combination.
         (c)  This section applies without regard to whether the
  officer investigates the collision [accident] at the location of
  the collision [accident] and immediately after the collision
  [accident] or afterwards by interviewing those involved in the
  collision [accident] or witnesses to the collision [accident].
         SECTION 55.  Section 550.063, Transportation Code, is
  amended to read as follows:
         Sec. 550.063.  REPORT ON APPROPRIATE FORM. The form of all
  written collision [accident] reports must be approved by the
  department and the Department of Public Safety. A person who is
  required to file a written collision [accident] report shall report
  on the appropriate form and shall disclose all information required
  by the form unless the information is not available.
         SECTION 56.  Section 550.064, Transportation Code, is
  amended to read as follows:
         Sec. 550.064.  COLLISION [ACCIDENT] REPORT FORMS. (a) The
  department shall prepare and when requested supply to police
  departments, coroners, sheriffs, garages, and other suitable
  agencies or individuals the collision [accident] report forms
  appropriate for the persons required to make a report and
  appropriate for the purposes to be served by those reports.
         (b)  A collision [An accident] report form prepared by the
  department must:
               (1)  require sufficiently detailed information to
  disclose the cause and conditions of and the persons and vehicles
  involved in a collision [an accident] if the form is for the report
  to be made by a person investigating the collision [accident];
               (2)  include a way to designate and identify a peace
  officer, firefighter, or emergency medical services employee who is
  involved in a collision [an accident] while driving a law
  enforcement vehicle, fire department vehicle, or emergency medical
  services vehicle while performing the person's duties;
               (3)  require a statement by a person described by
  Subdivision (2) as to the nature of the collision [accident]; and
               (4)  include a way to designate whether an individual
  involved in a collision [an accident] wants to be contacted by a
  person seeking to obtain employment as a professional described by
  Section 38.01(12), Penal Code.
         SECTION 57.  Section 550.065, Transportation Code, is
  amended to read as follows:
         Sec. 550.065.  RELEASE OF CERTAIN INFORMATION RELATING TO
  COLLISIONS [ACCIDENTS]. (a)  This section applies only to the
  following information that is held by the department or another
  governmental entity:
               (1)  a written report of a collision [an accident]
  required under:
                     (A)  Section 550.062; or
                     (B)  former Section 550.061 or 601.004 before
  September 1, 2017; or
               (2)  collision [accident] report information compiled
  under Section 201.806.
         (b)  Except as provided by Subsection (c), (c-1), or (e), the
  information is privileged and for the confidential use of:
               (1)  the department; and
               (2)  an agency of the United States, this state, or a
  local government of this state that has use for the information for
  collision [accident] prevention purposes.
         (c)  On written request and payment of any required fee, the
  department or the governmental entity shall release the information
  to:
               (1)  an entity described by Subsection (b);
               (2)  the law enforcement agency that employs the peace
  officer who investigated the collision [accident] and sent the
  information to the department, including an agent of the law
  enforcement agency authorized by contract to obtain the
  information;
               (3)  the court in which a case involving a person
  involved in the collision [accident] is pending if the report is
  subpoenaed; or
               (4)  any person directly concerned in the collision
  [accident] or having a proper interest therein, including:
                     (A)  any person involved in the collision
  [accident];
                     (B)  the authorized representative of any person
  involved in the collision [accident];
                     (C)  a driver involved in the collision
  [accident];
                     (D)  an employer, parent, or legal guardian of a
  driver involved in the collision [accident];
                     (E)  the owner of a vehicle or property damaged in
  the collision [accident];
                     (F)  a person who has established financial
  responsibility for a vehicle involved in the collision [accident]
  in a manner described by Section 601.051, including a policyholder
  of a motor vehicle liability insurance policy covering the vehicle;
                     (G)  an insurance company that issued an insurance
  policy covering a vehicle involved in the collision [accident];
                     (H)  an insurance company that issued a policy
  covering any person involved in the collision [accident];
                     (I)  a person under contract to provide claims or
  underwriting information to a person described by Paragraph (F),
  (G), or (H);
                     (J)  a radio or television station that holds a
  license issued by the Federal Communications Commission;
                     (K)  a newspaper that is:
                           (i)  a free newspaper of general circulation
  or qualified under Section 2051.044, Government Code, to publish
  legal notices;
                           (ii)  published at least once a week; and
                           (iii)  available and of interest to the
  general public in connection with the dissemination of news; or
                     (L)  any person who may sue because of death
  resulting from the collision [accident].
         (c-1)  On receiving information to which this section
  applies, the department or the governmental entity that receives
  the information shall create a redacted collision [accident] report
  that may be requested by any person. The redacted collision
  [accident] report may not include the items of information
  described by Subsection (f)(2). A report released under this
  subsection is not considered personal information under Section
  730.003.
         (d)  The fee for a copy of the collision [accident] report is
  $6.  The copy may be certified by the department or the
  governmental entity for an additional fee of $2.  The department or
  the governmental entity may issue a certification that no report or
  information is on file for a fee of $6.
         (e)  In addition to the information required to be released
  under Subsection (c), the department may release:
               (1)  collision [accident] report information compiled
  under Section 201.806; or
               (2)  a vehicle identification number and specific
  collision [accident] information relating to that vehicle.
         (f)  The department when releasing information under
  Subsection (c-1) or (e):
               (1)  may not release personal information, as defined
  by Section 730.003; and
               (2)  shall withhold or redact the following items:
                     (A)  the first, middle, and last name of any
  person listed in a collision [an accident] report, including a
  vehicle driver, occupant, owner, or lessee, a bicyclist, a
  pedestrian, or a property owner;
                     (B)  the number of any driver's license,
  commercial driver's license, or personal identification
  certificate issued to any person listed in a collision [an
  accident] report;
                     (C)  the date of birth, other than the year, of any
  person listed in a collision [an accident] report;
                     (D)  the address, other than zip code, and
  telephone number of any person listed in a collision [an accident]
  report;
                     (E)  the license plate number of any vehicle
  listed in a collision [an accident] report;
                     (F)  the name of any insurance company listed as a
  provider of financial responsibility for a vehicle listed in a
  collision [an accident] report;
                     (G)  the number of any insurance policy issued by
  an insurance company listed as a provider of financial
  responsibility;
                     (H)  the date the peace officer who investigated
  the collision [accident] was notified of the collision [accident];
                     (I)  the date the investigating peace officer
  arrived at the collision [accident] site;
                     (J)  the badge number or identification number of
  the investigating officer;
                     (K)  the date on which any person who died as a
  result of the collision [accident] died;
                     (L)  the date of any commercial motor vehicle
  report; and
                     (M)  the place where any person injured or killed
  in a collision [an accident] was taken and the person or entity that
  provided the transportation.
         (g)  The amount that may be charged for information provided
  under Subsection (e) shall be calculated in the manner specified by
  Chapter 552, Government Code, for public information provided by a
  governmental body under that chapter.
         SECTION 58.  Section 550.066, Transportation Code, is
  amended to read as follows:
         Sec. 550.066.  ADMISSIBILITY OF CERTAIN COLLISION
  [ACCIDENT] REPORT INFORMATION. An individual's response to the
  information requested on a collision [an accident] report form as
  provided by Section 550.064(b)(4) is not admissible evidence in a
  civil trial.
         SECTION 59.  Section 550.067, Transportation Code, is
  amended to read as follows:
         Sec. 550.067.  MUNICIPAL AUTHORITY TO REQUIRE COLLISION
  [ACCIDENT] REPORTS. (a) A municipality by ordinance may require
  the operator of a vehicle involved in a collision [an accident] to
  file with a designated municipal department:
               (1)  a report of the collision [accident], if the
  collision [accident] results in injury to or the death of a person
  or the apparent total property damage is $25 or more; or
               (2)  a copy of a report required by this chapter to be
  filed with the department.
         (b)  A report filed under Subsection (a) is for the
  confidential use of the municipal department and subject to the
  provisions of Section 550.065.
         (c)  A municipality by ordinance may require the person in
  charge of a garage or repair shop where a motor vehicle is brought
  if the vehicle shows evidence of having been involved in a collision
  [an accident] described by Section 550.062(a) or shows evidence of
  having been struck by a bullet to report to a department of the
  municipality within 24 hours after the garage or repair shop
  receives the motor vehicle, giving the engine number, registration
  number, and the name and address of the owner or operator of the
  vehicle.
         SECTION 60.  Section 550.068, Transportation Code, is
  amended to read as follows:
         Sec. 550.068.  CHANGING COLLISION [ACCIDENT] REPORT.
  (a)  Except as provided by Subsection (b), a change in or a
  modification of a written report of a motor vehicle collision
  [accident] prepared by a peace officer that alters a material fact
  in the report may be made only by the peace officer who prepared the
  report.
         (b)  A change in or a modification of the written report of
  the collision [accident] may be made by a person other than the
  peace officer if:
               (1)  the change is made by a written supplement to the
  report; and
               (2)  the written supplement clearly indicates the name
  of the person who originated the change.
         SECTION 61.  Sections 550.081(b) and (c), Transportation
  Code, are amended to read as follows:
         (b)  A medical examiner or justice of the peace acting as
  coroner in a county that does not have a medical examiner's office
  or that is not part of a medical examiner's district shall submit a
  report in writing to the department of the death of a person that
  was the result of a traffic collision [accident] or bridge
  collapse:
               (1)  to which this chapter applies; and
               (2)  that occurred within the jurisdiction of the
  medical examiner or justice of the peace in the preceding calendar
  quarter.
         (c)  The report must be submitted before the 11th day of each
  calendar month and include:
               (1)  the name of the deceased and a statement as to
  whether the deceased was:
                     (A)  the operator of or a passenger in a vehicle
  [involved in the accident]; or
                     (B)  a pedestrian or other nonoccupant of a
  vehicle;
               (2)  the date of the collision [accident] and the name
  of the county in which the collision [accident] occurred, and, if a
  bridge collapse, the location of the bridge in that county;
               (3)  the name of any laboratory, medical examiner's
  office, or other facility that conducted toxicological testing
  relative to the deceased; and
               (4)  the results of any toxicological testing that was
  conducted.
         SECTION 62.  Section 601.002(3), Transportation Code, is
  amended to read as follows:
               (3)  "Financial responsibility" means the ability to
  respond in damages for liability for a collision [an accident]
  that:
                     (A)  occurs after the effective date of the
  document evidencing the establishment of the financial
  responsibility; and
                     (B)  arises out of the ownership, maintenance, or
  use of a motor vehicle.
         SECTION 63.  Section 601.003(b), Transportation Code, is
  amended to read as follows:
         (b)  For purposes of this chapter, a judgment is considered
  to be satisfied as to the appropriate part of the judgment set out
  by this subsection if:
               (1)  the total amount credited on one or more judgments
  for bodily injury to or death of one person resulting from one
  collision [accident] equals or exceeds the amount required under
  Section 601.072(a-1)(1) [601.072(a)(1)] to establish financial
  responsibility;
               (2)  the total amount credited on one or more judgments
  for bodily injury to or death of two or more persons resulting from
  one collision [accident] equals or exceeds the amount required
  under Section 601.072(a-1)(2) [601.072(a)(2)] to establish
  financial responsibility; or
               (3)  the total amount credited on one or more judgments
  for damage to or destruction of property of another resulting from
  one collision [accident] equals or exceeds the amount required
  under Section 601.072(a-1)(3) [601.072(a)(3)] to establish
  financial responsibility.
         SECTION 64.  Section 601.006, Transportation Code, is
  amended to read as follows:
         Sec. 601.006.  APPLICABILITY TO CERTAIN OWNERS AND
  OPERATORS. If an owner or operator of a motor vehicle involved in a
  collision [an accident] in this state does not have a driver's
  license or vehicle registration or is a nonresident, the person may
  not be issued a driver's license or registration until the person
  has complied with this chapter to the same extent that would be
  necessary if, at the time of the collision [accident], the person
  had a driver's license or registration.
         SECTION 65.  Sections 601.009(b) and (c), Transportation
  Code, are amended to read as follows:
         (b)  Except as provided by Subsection (c), the department
  shall suspend the resident's driver's license and vehicle
  registrations if the evidence shows that the resident's operating
  privilege was suspended in the other state or the province for
  violation of a financial responsibility law under circumstances
  that would require the department to suspend a nonresident's
  operating privilege had the collision [accident] occurred in this
  state.
         (c)  The department may not suspend the resident's driver's
  license and registration if the alleged failure to comply is based
  on the failure of the resident's insurance company or surety
  company to:
               (1)  obtain authorization to write motor vehicle
  liability insurance in the other state or the province; or
               (2)  execute a power of attorney directing the
  appropriate official in the other state or the province to accept on
  the company's behalf service of notice or process in an action under
  the policy arising out of a collision [an accident].
         SECTION 66.  Section 601.053(a), Transportation Code, is
  amended to read as follows:
         (a)  As a condition of operating in this state a motor
  vehicle to which Section 601.051 applies, the operator of the
  vehicle on request shall provide to a peace officer, as defined by
  Article 2.12, Code of Criminal Procedure, or a person involved in a
  collision [an accident] with the operator evidence of financial
  responsibility by exhibiting:
               (1)  a motor vehicle liability insurance policy
  covering the vehicle that satisfies Subchapter D or a photocopy of
  the policy;
               (2)  a standard proof of motor vehicle liability
  insurance form prescribed by the Texas Department of Insurance
  under Section 601.081 and issued by a liability insurer for the
  motor vehicle;
               (2-a)  an image displayed on a wireless communication
  device that includes the information required by Section 601.081 as
  provided by a liability insurer;
               (3)  an insurance binder that confirms the operator is
  in compliance with this chapter;
               (4)  a surety bond certificate issued under Section
  601.121;
               (5)  a certificate of a deposit with the comptroller
  covering the vehicle issued under Section 601.122;
               (6)  a copy of a certificate of a deposit with the
  appropriate county judge covering the vehicle issued under Section
  601.123; or
               (7)  a certificate of self-insurance covering the
  vehicle issued under Section 601.124 or a photocopy of the
  certificate.
         SECTION 67.  Section 601.056(e), Transportation Code, is
  amended to read as follows:
         (e)  The department may not act under Subsection (a)(1) or
  (2) if:
               (1)  an action for damages on a liability covered by the
  evidence of financial responsibility is pending;
               (2)  a judgment for damages on a liability covered by
  the evidence of financial responsibility is not satisfied; or
               (3)  the person for whom the bond has been filed or for
  whom money or securities have been deposited has, within the two
  years preceding the request for cancellation or return of the
  evidence of financial responsibility, been involved as an operator
  or owner in a motor vehicle collision [accident] resulting in
  bodily injury to, or property damage to the property of, another
  person.
         SECTION 68.  Sections 601.072(a-1) and (b), Transportation
  Code, are amended to read as follows:
         (a-1)  Effective January 1, 2011, the minimum amounts of
  motor vehicle liability insurance coverage required to establish
  financial responsibility under this chapter are:
               (1)  $30,000 for bodily injury to or death of one person
  in one collision [accident];
               (2)  $60,000 for bodily injury to or death of two or
  more persons in one collision [accident], subject to the amount
  provided by Subdivision (1) for bodily injury to or death of one of
  the persons; and
               (3)  $25,000 for damage to or destruction of property
  of others in one collision [accident].
         (b)  The coverage required under this section may exclude,
  with respect to one collision [accident]:
               (1)  the first $250 of liability for bodily injury to or
  death of one person;
               (2)  the first $500 of liability for bodily injury to or
  death of two or more persons, subject to the amount provided by
  Subdivision (1) for bodily injury to or death of one of the persons;
  and
               (3)  the first $250 of liability for property damage to
  or destruction of property of others.
         SECTION 69.  Section 601.084(c), Transportation Code, is
  amended to read as follows:
         (c)  The department shall accept the certificate of an
  insurer not authorized to transact business in this state if the
  certificate otherwise complies with this chapter and the insurance
  company:
               (1)  executes a power of attorney authorizing the
  department to accept on its behalf service of notice or process in
  an action arising out of a motor vehicle collision [accident] in
  this state; and
               (2)  agrees in writing that its policies will be
  treated as conforming to the laws of this state relating to the
  terms of a motor vehicle liability insurance policy.
         SECTION 70.  Section 601.086, Transportation Code, is
  amended to read as follows:
         Sec. 601.086.  RESPONSE OF INSURANCE COMPANY IF POLICY NOT
  IN EFFECT. An insurance company that is notified by the department
  of a collision [an accident] in connection with which an owner or
  operator has reported a motor vehicle liability insurance policy
  with the company shall advise the department if a policy is not in
  effect as reported.
         SECTION 71.  Section 601.124(c), Transportation Code, is
  amended to read as follows:
         (c)  The self-insurer must supplement the certificate with
  an agreement that, for collisions [accidents] occurring while the
  certificate is in force, the self-insurer will pay the same
  judgments in the same amounts as an insurer would be obligated to
  pay under an owner's motor vehicle liability insurance policy
  issued to the self-insurer if such policy were issued.
         SECTION 72.  The heading to Subchapter F, Chapter 601,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER F.  SECURITY FOLLOWING COLLISION [ACCIDENT]
         SECTION 73.  Section 601.151, Transportation Code, is
  amended to read as follows:
         Sec. 601.151.  APPLICABILITY OF SUBCHAPTER. (a) This
  subchapter applies only to a motor vehicle collision [accident] in
  this state that results in bodily injury or death or in damage to
  the property of one person of at least $1,000.
         (b)  This subchapter does not apply to:
               (1)  an owner or operator who has in effect at the time
  of the collision [accident] a motor vehicle liability insurance
  policy that covers the motor vehicle involved in the collision
  [accident];
               (2)  an operator who is not the owner of the motor
  vehicle, if a motor vehicle liability insurance policy or bond for
  the operation of a motor vehicle the person does not own is in
  effect at the time of the collision [accident];
               (3)  an owner or operator whose liability for damages
  resulting from the collision [accident], in the judgment of the
  department, is covered by another liability insurance policy or
  bond;
               (4)  an owner or operator, if there was not bodily
  injury to or damage of the property of a person other than the owner
  or operator;
               (5)  the owner or operator of a motor vehicle that at
  the time of the collision [accident] was legally parked or legally
  stopped at a traffic signal;
               (6)  the owner of a motor vehicle that at the time of
  the collision [accident] was being operated without the owner's
  express or implied permission or was parked by a person who had been
  operating the vehicle without that permission; or
               (7)  a person qualifying as a self-insurer under
  Section 601.124 or a person operating a motor vehicle for a
  self-insurer.
         SECTION 74.  Section 601.152(a), Transportation Code, is
  amended to read as follows:
         (a)  Subject to Section 601.153, the department shall
  suspend the driver's license and vehicle registrations of the owner
  and operator of a motor vehicle if:
               (1)  the vehicle is involved in any manner in a
  collision [an accident]; and
               (2)  the department finds that there is a reasonable
  probability that a judgment will be rendered against the person as a
  result of the collision [accident].
         SECTION 75.  Sections 601.154(a), (c), and (d),
  Transportation Code, are amended to read as follows:
         (a)  Subject to Subsection (d), if the department finds that
  there is a reasonable probability that a judgment will be rendered
  against an owner or operator as a result of a collision [an
  accident], the department shall determine the amount of security
  sufficient to satisfy any judgment for damages resulting from the
  collision [accident] that may be recovered from the owner or
  operator.
         (c)  In determining whether there is a reasonable
  probability that a judgment will be rendered against the person as a
  result of a collision [an accident] and the amount of security that
  is sufficient under Subsection (a), the department may consider:
               (1)  a report of an investigating officer; and
               (2)  an affidavit of a person who has knowledge of the
  facts.
         (d)  The department shall make the determination required by
  Subsection (a) only if the department has not received, before the
  21st day after the date the department receives a report of a motor
  vehicle collision [accident], satisfactory evidence that the owner
  or operator has:
               (1)  been released from liability;
               (2)  been finally adjudicated not to be liable; or
               (3)  executed an acknowledged written agreement
  providing for the payment of an agreed amount in installments for
  all claims for injuries or damages resulting from the collision
  [accident].
         SECTION 76.  Section 601.155(b), Transportation Code, is
  amended to read as follows:
         (b)  The notice must state that:
               (1)  the person's driver's license and vehicle
  registration or the person's nonresident's operating privilege will
  be suspended unless the person, not later than the 20th day after
  the date the notice was personally served or sent, establishes
  that:
                     (A)  this subchapter does not apply to the person,
  and the person has previously provided this information to the
  department; or
                     (B)  there is no reasonable probability that a
  judgment will be rendered against the person as a result of the
  collision [accident]; and
               (2)  the person is entitled to a hearing under this
  subchapter if a written request for a hearing is delivered or mailed
  to the department not later than the 20th day after the date the
  notice was personally served or sent.
         SECTION 77.  Section 601.157(b), Transportation Code, is
  amended to read as follows:
         (b)  The judge at the hearing shall determine:
               (1)  whether there is a reasonable probability that a
  judgment will be rendered against the person requesting the hearing
  as a result of the collision [accident]; and
               (2)  if there is a reasonable probability that a
  judgment will be rendered, the amount of security sufficient to
  satisfy any judgment for damages resulting from the collision
  [accident].
         SECTION 78.  Section 601.158(a), Transportation Code, is
  amended to read as follows:
         (a)  If, after a hearing under this subchapter, the judge
  determines that there is a reasonable probability that a judgment
  will be rendered against the person requesting the hearing as a
  result of the collision [accident], the person may appeal the
  determination.
         SECTION 79.  Section 601.162(a), Transportation Code, is
  amended to read as follows:
         (a)  The suspension of a driver's license, vehicle
  registration, or nonresident's operating privilege under this
  subchapter remains in effect, the license, registration, or
  privilege may not be renewed, and a license or vehicle registration
  may not be issued to the holder of the suspended license,
  registration, or privilege, until:
               (1)  the date the person, or a person acting on the
  person's behalf, deposits security and files evidence of financial
  responsibility under Section 601.153;
               (2)  the second anniversary of the date of the
  collision [accident], if evidence satisfactory to the department is
  filed with the department that, during the two-year period, an
  action for damages arising out of the collision [accident] has not
  been instituted; or
               (3)  the date evidence satisfactory to the department
  is filed with the department of:
                     (A)  a release from liability for claims arising
  out of the collision [accident];
                     (B)  a final adjudication that the person is not
  liable for claims arising out of the collision [accident]; or
                     (C)  an installment agreement described by
  Section 601.154(d)(3).
         SECTION 80.  Section 601.163(b), Transportation Code, is
  amended to read as follows:
         (b)  A person depositing security shall specify in writing
  the person on whose behalf the deposit is made. A single deposit of
  security is applicable only on behalf of persons required to
  provide security because of the same collision [accident] and the
  same motor vehicle.
         SECTION 81.  Section 601.164(a), Transportation Code, is
  amended to read as follows:
         (a)  The department may reduce the amount of security ordered
  in a case within six months after the date of the collision
  [accident] if, in the department's judgment, the amount is
  excessive.
         SECTION 82.  Section 601.166, Transportation Code, is
  amended to read as follows:
         Sec. 601.166.  PAYMENT OF CASH SECURITY. (a) Cash security
  may be applied only to the payment of:
               (1)  a judgment rendered against the person on whose
  behalf the deposit is made for damages arising out of the collision
  [accident]; or
               (2)  a settlement, agreed to by the depositor, of a
  claim arising out of the collision [accident].
         (b)  For payment under Subsection (a), the action under which
  the judgment was rendered must have been instituted before the
  second anniversary of the later of:
               (1)  the date of the collision [accident]; or
               (2)  the date of the deposit, in the case of a deposit
  of security under Section 601.162(b).
         SECTION 83.  Section 601.167, Transportation Code, is
  amended to read as follows:
         Sec. 601.167.  RETURN OF CASH SECURITY. Cash security or any
  balance of the security shall be returned to the depositor or the
  depositor's personal representative when:
               (1)  evidence satisfactory to the department is filed
  with the department that there has been:
                     (A)  a release of liability;
                     (B)  a final adjudication that the person on whose
  behalf the deposit is made is not liable; or
                     (C)  an agreement as described by Section
  601.154(d)(3);
               (2)  reasonable evidence is provided to the department
  after the second anniversary of the date of the collision
  [accident] that no action arising out of the collision [accident]
  is pending and no judgment rendered in such an action is unpaid; or
               (3)  in the case of a deposit of security under Section
  601.162(b), reasonable evidence is provided to the department after
  the second anniversary of the date of the deposit that no action
  arising out of the collision [accident] is pending and no unpaid
  judgment rendered in such an action is unpaid.
         SECTION 84.  Section 601.168(b), Transportation Code, is
  amended to read as follows:
         (b)  A bond or motor vehicle liability insurance policy
  issued by a surety company or insurance company that is not
  authorized to do business in this state is effective under this
  subchapter only if:
               (1)  the bond or policy is issued for a motor vehicle
  that:
                     (A)  is not registered in this state; or
                     (B)  was not registered in this state on the
  effective date of the most recent renewal of the policy; and
               (2)  the surety company or insurance company executes a
  power of attorney authorizing the department to accept on the
  company's behalf service of notice or process in an action arising
  out of the collision [accident] on the bond or policy.
         SECTION 85.  Section 601.169, Transportation Code, is
  amended to read as follows:
         Sec. 601.169.  REASONABLE PROBABILITY NOT ADMISSIBLE IN
  CIVIL SUIT. A determination under Section 601.154 or 601.157 that
  there is a reasonable probability that a judgment will be rendered
  against a person as a result of a collision [an accident] may not be
  introduced in evidence in a suit for damages arising from that
  collision [accident].
         SECTION 86.  Section 601.291, Transportation Code, is
  amended to read as follows:
         Sec. 601.291.  APPLICABILITY OF SUBCHAPTER. This subchapter
  applies only to the owner or operator of a motor vehicle that:
               (1)  is not registered in this state; and
               (2)  is involved in a motor vehicle collision
  [accident] in this state that results in bodily injury, death, or
  damage to the property of one person to an apparent extent of at
  least $500.
         SECTION 87.  Section 601.292, Transportation Code, is
  amended to read as follows:
         Sec. 601.292.  DUTY TO PROVIDE EVIDENCE OF FINANCIAL
  RESPONSIBILITY TO INVESTIGATING OFFICER. A person to whom this
  subchapter applies shall provide evidence of financial
  responsibility to a law enforcement officer of this state or a
  political subdivision of this state who is conducting an
  investigation of the collision [accident].
         SECTION 88.  Sections 601.293(b), (c), and (d),
  Transportation Code, are amended to read as follows:
         (b)  The magistrate shall conduct an inquiry on the issues of
  negligence and liability for bodily injury, death, or property
  damage sustained in the collision [accident].
         (c)  If the magistrate determines that there is a reasonable
  possibility that a judgment will be rendered against the person for
  bodily injury, death, or property damage sustained in the collision
  [accident], the magistrate shall order the person to provide:
               (1)  evidence of financial responsibility for the
  bodily injury, death, or property damage; or
               (2)  evidence that the person is exempt from the
  requirement of Section 601.051.
         (d)  A determination of negligence or liability under
  Subsection (c) does not act as collateral estoppel on an issue in a
  criminal or civil adjudication arising from the collision
  [accident].
         SECTION 89.  Section 601.294, Transportation Code, is
  amended to read as follows:
         Sec. 601.294.  IMPOUNDMENT OF MOTOR VEHICLE. If a person to
  whom this subchapter applies does not provide evidence required
  under Section 601.293(c), the magistrate shall enter an order
  directing the sheriff of the county or the chief of police of the
  municipality to impound the motor vehicle owned or operated by the
  person that was involved in the collision [accident].
         SECTION 90.  Section 601.296(a), Transportation Code, is
  amended to read as follows:
         (a)  The department shall issue a certificate of release of
  an impounded motor vehicle to the owner, operator, or person
  authorized by the owner on submission to the department of:
               (1)  evidence of financial responsibility under
  Section 601.053 that shows that at the time of the collision
  [accident] the vehicle was in compliance with Section 601.051 or
  was exempt from the requirement of Section 601.051;
               (2)  a release executed by each person damaged in the
  collision [accident] other than the operator of the vehicle for
  which the certificate of release is requested; or
               (3)  security in a form and amount determined by the
  department to secure the payment of damages for which the operator
  may be liable.
         SECTION 91.  Section 601.333, Transportation Code, is
  amended to read as follows:
         Sec. 601.333.  RELIEF FROM SUSPENSION: MOTOR VEHICLE
  LIABILITY INSURANCE. (a) A person whose driver's license, vehicle
  registrations, or nonresident's operating privilege has been
  suspended or is subject to suspension under Section 601.332 may
  file with the department:
               (1)  evidence that there was a motor vehicle liability
  insurance policy covering the motor vehicle involved in the
  collision [accident] out of which the judgment arose in effect at
  the time of the collision [accident];
               (2)  an affidavit stating that the person was insured
  at the time of the collision [accident], that the insurance company
  is liable to pay the judgment, and the reason, if known, that the
  insurance company has not paid the judgment;
               (3)  the original policy of insurance or a certified
  copy of the policy, if available; and
               (4)  any other documents required by the department to
  show that the loss, injury, or damage for which the judgment was
  rendered was covered by the insurance.
         (b)  The department may not suspend the driver's license,
  vehicle registrations, or nonresident's operating privilege, and
  shall reinstate a license, registration, or privilege that has been
  suspended, if it is satisfied from the documents filed under
  Subsection (a) that:
               (1)  there was a motor vehicle liability insurance
  policy in effect for the vehicle at the time of the collision
  [accident];
               (2)  the insurance company that issued the policy was
  authorized to issue the policy in this state at the time the policy
  was issued; and
               (3)  the insurance company is liable to pay the
  judgment to the extent and for the amounts required by this chapter.
         SECTION 92.  Section 622.954(a), Transportation Code, is
  amended to read as follows:
         (a)  A permit is not required to exceed the weight
  limitations of Section 621.101 by a combination of a tow truck and
  another vehicle or vehicle combination if:
               (1)  the nature of the service provided by the tow truck
  is needed to remove disabled, abandoned, or collision-damaged
  [accident-damaged] vehicles; and
               (2)  the tow truck is towing the other vehicle or
  vehicle combination directly to the nearest authorized place of
  repair, terminal, or vehicle storage facility.
         SECTION 93.  Section 623.0172(l), Transportation Code, is
  amended to read as follows:
         (l)  Beginning in 2022, not later than September 1 of each
  even-numbered year, the Texas Department of Transportation shall
  conduct a study concerning vehicles operating under a permit issued
  under this section and publish the results of the study. In
  conducting the study, the Texas Department of Transportation shall
  collect and examine the following information:
               (1)  the weight and configuration of vehicles operating
  under a permit under this section that are involved in a motor
  vehicle collision [accident];
               (2)  the types of vehicles operating under a permit
  issued under this section;
               (3)  traffic volumes and variations of vehicles
  operating under a permit issued under this section;
               (4)  weigh-in-motion data for highways located in and
  around the area described by Subsection (c);
               (5)  impacts to state and local bridges, including
  long-term bridge performance, for bridges located in and around the
  area described by Subsection (c); and
               (6)  impacts to state and local roads, including
  changes in pavement design standards, construction specification
  details, maintenance frequency and types, and properties of
  pavement and underlying soils resulting from or necessitated by
  vehicles operating under a permit issued under this section.
         SECTION 94.  Section 623.410, Transportation Code, is
  amended to read as follows:
         Sec. 623.410.  STUDY. Beginning in 2022, not later than
  September 1 of each even-numbered year, the Texas Department of
  Transportation shall conduct a study concerning vehicles operating
  under a permit issued under this subchapter and publish the results
  of the study. In conducting the study, the Texas Department of
  Transportation shall collect and examine the following
  information:
               (1)  the weight and configuration of vehicles operating
  under a permit issued under this subchapter that are involved in a
  motor vehicle collision [accident];
               (2)  the types of vehicles operating under a permit
  issued under this subchapter;
               (3)  traffic volumes and variations of vehicles
  operating under a permit issued under this subchapter;
               (4)  weigh-in-motion data for highways and roads
  located in and around the area described by Section 623.405(b);
               (5)  impacts to state and local bridges, including
  long-term bridge performance, for bridges located in and around the
  area described by Section 623.405(b); and
               (6)  impacts to state and local roads, including
  changes in pavement design standards, construction specification
  details, maintenance frequency and types, and properties of
  pavement and underlying soils resulting from or necessitated by
  vehicles operating under a permit issued under this subchapter.
         SECTION 95.  Section 643.105, Transportation Code, is
  amended to read as follows:
         Sec. 643.105.  INSOLVENCY OF INSURER. If an insurer for a
  motor carrier becomes insolvent, is placed in receivership, or has
  its certificate of authority suspended or revoked and if the
  carrier no longer has insurance coverage as required by this
  subchapter, the carrier shall file with the department, not later
  than the 10th day after the date the coverage lapses:
               (1)  evidence of insurance as required by Section
  643.103; and
               (2)  an affidavit that:
                     (A)  indicates that a collision [an accident] from
  which the carrier may incur liability did not occur while the
  coverage was not in effect; or
                     (B)  contains a plan acceptable to the department
  indicating how the carrier will satisfy claims of liability against
  the carrier for a collision [an accident] that occurred while the
  coverage was not in effect.
         SECTION 96.  Section 644.151(b-1), Transportation Code, is
  amended to read as follows:
         (b-1)  An offense under Subsection (a)(3) is a Class A
  misdemeanor, except that the offense is:
               (1)  a state jail felony if it is shown on the trial of
  the offense that at the time of the offense the commercial motor
  vehicle was involved in a motor vehicle collision [accident] that
  resulted in bodily injury; or
               (2)  a felony of the second degree if it is shown on the
  trial of the offense that at the time of the offense the commercial
  motor vehicle was involved in a motor vehicle collision [accident]
  that resulted in the death of a person.
         SECTION 97.  Sections 661.003(c) and (i), Transportation
  Code, are amended to read as follows:
         (c)  It is an exception to the application of Subsection (a)
  or (b) that at the time the offense was committed, the person
  required to wear protective headgear was at least 21 years old and
  had successfully completed a motorcycle operator training and
  safety course under Chapter 662 or was covered by a health insurance
  plan providing the person with medical benefits for injuries
  incurred as a result of a collision [an accident] while operating or
  riding on a motorcycle.  A peace officer may not arrest a person or
  issue a citation to a person for a violation of Subsection (a) or
  (b) if the person required to wear protective headgear is at least
  21 years of age and presents evidence sufficient to show that the
  person required to wear protective headgear has successfully
  completed a motorcycle operator training and safety course or is
  covered by a health insurance plan as described by this subsection.
         (i)  In this section, "health insurance plan" means an
  individual, group, blanket, or franchise insurance policy,
  insurance agreement, evidence of coverage, group hospital services
  contract, health maintenance organization membership, or employee
  benefit plan that provides benefits for health care services or for
  medical or surgical expenses incurred as a result of a collision [an
  accident].
         SECTION 98.  Section 686.001(1), Transportation Code, is
  amended to read as follows:
               (1)  "Financial responsibility" means the ability to
  respond in damages for liability for a collision [an accident]
  that:
                     (A)  occurs after the effective date of the
  document evidencing the establishment of the financial
  responsibility; and
                     (B)  arises out of the operation of a motor
  vehicle by an employee of a valet parking service.
         SECTION 99.  Section 686.004(a), Transportation Code, is
  amended to read as follows:
         (a)  The minimum amounts of motor vehicle liability
  insurance coverage required to establish financial responsibility
  under this chapter are:
               (1)  $100,000 for bodily injury to or death of one
  person in one collision [accident];
               (2)  $300,000 for bodily injury to or death of two or
  more persons in one collision [accident], subject to the amount
  provided by Subdivision (1) for bodily injury to or death of one of
  the persons; and
               (3)  $50,000 for damage to or destruction of property
  of others in one collision [accident].
         SECTION 100.  Section 686.005, Transportation Code, is
  amended to read as follows:
         Sec. 686.005.  COMMON LAW DEFENSES. In an action against an
  owner or operator of a valet parking service that has not
  established financial responsibility as required by this chapter to
  recover damages for personal injuries, death, or property damage
  sustained in a motor vehicle collision [accident] arising out of
  the operation of a valet parking service, it is not a defense that
  the party who brings the action:
               (1)  was guilty of contributory negligence; or
               (2)  assumed the risk of injury, death, or property
  damage.
         SECTION 101.  Section 709.002(e), Transportation Code, is
  amended to read as follows:
         (e)  Of the money received by the comptroller under this
  section, the comptroller shall deposit:
               (1)  80 percent to the credit of the undedicated
  portion of the general revenue fund, to be used only for criminal
  justice purposes; and
               (2)  20 percent to the credit of the designated trauma
  facility and emergency medical services account under Section
  780.003, Health and Safety Code, to be used only for the criminal
  justice purpose of funding designated trauma facilities, county and
  regional emergency medical services, and trauma care systems that
  provide trauma care and emergency medical services to victims of
  collisions [accidents] resulting from traffic offenses.
         SECTION 102.  Section 723.011(a), Transportation Code, is
  amended to read as follows:
         (a)  The governor shall:
               (1)  prepare and administer a statewide traffic safety
  program designed to reduce traffic collisions [accidents] and the
  death, injury, and property damage that result from traffic
  collisions [accidents];
               (2)  adopt rules for the administration of this
  chapter, including rules, procedures, and policy statements
  governing grants-in-aid and contractual relations;
               (3)  receive on the state's behalf for the
  implementation of this chapter money made available by the United
  States under federal law; and
               (4)  allocate money appropriated by the legislature in
  the General Appropriations Act to implement this chapter.
         SECTION 103.  Section 723.012, Transportation Code, is
  amended to read as follows:
         Sec. 723.012.  TRAFFIC SAFETY PROGRAM. The statewide
  traffic safety program must include:
               (1)  a driver education and training program
  administered by the governor through appropriate agencies that
  complies with Section 723.013;
               (2)  plans for improving:
                     (A)  driver licensing;
                     (B)  collision [accident] records;
                     (C)  vehicle inspection, registration, and
  titling;
                     (D)  traffic engineering;
                     (E)  personnel;
                     (F)  police traffic supervision;
                     (G)  traffic courts;
                     (H)  highway design; and
                     (I)  uniform traffic laws; and
               (3)  plans for local traffic safety programs by legal
  and political subdivisions of this state that may be implemented if
  the programs:
                     (A)  are approved by the governor; and
                     (B)  conform with uniform standards adopted under
  the Highway Safety Act of 1966 (23 U.S.C. Sec. 401 et seq.).
         SECTION 104.  Section 723.013(a), Transportation Code, is
  amended to read as follows:
         (a)  The statewide driver education and training program
  required by Section 723.012 shall provide for:
               (1)  rules that permit controlled innovation and
  experimentation and that set minimum standards for:
                     (A)  classroom instruction;
                     (B)  driving skills training;
                     (C)  instructor qualifications;
                     (D)  program content; and
                     (E)  supplementary materials and equipment;
               (2)  a method for continuing evaluation of approved
  driver education and training programs to identify the practices
  most effective in preventing traffic collisions [accidents]; and
               (3)  contracts between the governing bodies of
  centrally located independent school districts or other
  appropriate public or private agencies and the state to provide
  approved driver education and training programs.
         SECTION 105.  Sections 724.012(a-1) and (b), Transportation
  Code, are amended to read as follows:
         (a-1)  A peace officer shall require the taking of a specimen
  of the person's blood if:
               (1)  the officer arrests the person for an offense
  under Chapter 49, Penal Code, involving the operation of a motor
  vehicle or a watercraft;
               (2)  the person refuses the officer's request to submit
  to the taking of a specimen voluntarily;
               (3)  the person was the operator of a motor vehicle or a
  watercraft involved in a collision [an accident] that the officer
  reasonably believes occurred as a result of the offense; and
               (4)  at the time of the arrest, the officer reasonably
  believes that as a direct result of the collision [accident] any
  individual has died, will die, or has suffered serious bodily
  injury.
         (b)  Subject to Subsection (a-1), a peace officer shall
  require the taking of a specimen of the person's breath or blood
  under any of the following circumstances if the officer arrests the
  person for an offense under Chapter 49, Penal Code, involving the
  operation of a motor vehicle or a watercraft and the person refuses
  the officer's request to submit to the taking of a specimen
  voluntarily:
               (1)  the person was the operator of a motor vehicle or a
  watercraft involved in a collision [an accident] that the officer
  reasonably believes occurred as a result of the offense and, at the
  time of the arrest, the officer reasonably believes that as a direct
  result of the collision [accident] an individual other than the
  person has suffered bodily injury and been transported to a
  hospital or other medical facility for medical treatment;
               (2)  the offense for which the officer arrests the
  person is an offense under Section 49.045, Penal Code; or
               (3)  at the time of the arrest, the officer possesses or
  receives reliable information from a credible source that the
  person:
                     (A)  has been previously convicted of or placed on
  community supervision for an offense under Section 49.045, 49.07,
  or 49.08, Penal Code, or an offense under the laws of another state
  containing elements substantially similar to the elements of an
  offense under those sections; or
                     (B)  on two or more occasions, has been previously
  convicted of or placed on community supervision for an offense
  under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an
  offense under the laws of another state containing elements
  substantially similar to the elements of an offense under those
  sections.
         SECTION 106.  Section 726.002, Transportation Code, is
  amended to read as follows:
         Sec. 726.002.  TESTING AND INSPECTION OF MOTOR VEHICLES. A
  municipality may adopt an ordinance:
               (1)  requiring each resident of the municipality,
  including a corporation having its principal office or place of
  business in the municipality, who owns a motor vehicle used for the
  transportation of persons or property and each person operating a
  motor vehicle on the public thoroughfares of the municipality to
  have each motor vehicle owned or operated, as appropriate, tested
  and inspected not more than four times in each calendar year;
               (2)  requiring each motor vehicle involved in a
  collision [an accident] to be tested and inspected before it may be
  operated on the public thoroughfares of the municipality; or
               (3)  requiring that a motor vehicle operated on the
  public thoroughfares of the municipality be tested, inspected, and
  approved by the testing and inspecting authority.
         SECTION 107.  Sections 730.003(4) and (6), Transportation
  Code, are amended to read as follows:
               (4)  "Motor vehicle record" means a record that
  pertains to a motor vehicle operator's or driver's license or
  permit, motor vehicle registration, motor vehicle title, or
  identification document issued by an agency of this state or a local
  agency authorized to issue an identification document.  The term
  does not include:
                     (A)  a record that pertains to a motor carrier; or
                     (B)  a collision [an accident] report prepared
  under:
                           (i)  Chapter 550; or
                           (ii)  former Section 601.004 before
  September 1, 2017.
               (6)  "Personal information" means information that
  identifies a person, including an individual's photograph or
  computerized image, social security number, date of birth, driver
  identification number, name, address, but not the zip code, e-mail
  address, telephone number, and medical or disability information.  
  The term does not include:
                     (A)  information on vehicle collisions
  [accidents], driving or equipment-related violations, or driver's
  license or registration status; or
                     (B)  information contained in a collision [an
  accident] report prepared under:
                           (i)  Chapter 550; or
                           (ii)  former Section 601.004 before
  September 1, 2017.
         SECTION 108.  Section 1006.153(e), Transportation Code, is
  amended to read as follows:
         (e)  Out of each fee collected under Subsection (b) or an
  amount collected under Subsection (b-1):
               (1)  20 percent shall be appropriated to the authority
  for the purposes of this chapter;
               (2)  20 percent shall be deposited to the credit of the
  general revenue fund, to be used only for criminal justice
  purposes; and
               (3)  60 percent shall be deposited to the credit of the
  designated trauma facility and emergency medical services account
  under Section 780.003, Health and Safety Code, to be used only for
  the criminal justice purpose of funding designated trauma
  facilities, county and regional emergency medical services, and
  trauma care systems that provide trauma care and emergency medical
  services to victims of collisions [accidents] resulting from
  traffic offenses.
         SECTION 109.  The heading to Chapter 504, Business &
  Commerce Code, is amended to read as follows:
  CHAPTER 504.  PROHIBITED USE OF CRIME VICTIM OR MOTOR VEHICLE
  COLLISION [ACCIDENT] INFORMATION
         SECTION 110.  Section 504.001(2), Business & Commerce Code,
  is amended to read as follows:
               (2)  "Motor vehicle collision [accident] information"
  means information that:
                     (A)  is collected or prepared by a law enforcement
  agency; and
                     (B)  identifies or serves to identify a person
  who, according to a record of the agency, may have been involved in
  a motor vehicle collision [accident].
         SECTION 111.  Section 504.002(a), Business & Commerce Code,
  is amended to read as follows:
         (a)  A person who possesses crime victim or motor vehicle
  collision [accident] information that the person obtained or knows
  was obtained from a law enforcement agency may not:
               (1)  use the information to contact directly any of the
  following persons for the purpose of soliciting business from the
  person:
                     (A)  a crime victim;
                     (B)  a person who was involved in a motor vehicle
  collision [accident]; or
                     (C)  a member of the family of a person described
  by Paragraph (A) or (B); or
               (2)  sell the information to another person for
  financial gain.
         SECTION 112.  Section 17.062(a), Civil Practice and Remedies
  Code, is amended to read as follows:
         (a)  The chairman of the Texas Transportation Commission is
  an agent for service of process on a person who is a nonresident or
  an agent of a nonresident in any suit against the person or agent
  that grows out of a collision [or accident] in which the person or
  the person's [his] agent is involved while operating a motor
  vehicle in this state.
         SECTION 113.  Section 30.006(e), Civil Practice and Remedies
  Code, is amended to read as follows:
         (e)  This section does not apply to:
               (1)  a report of a collision [an accident] under
  Chapter 550, Transportation Code; and
               (2)  photographs, field measurements, scene drawings,
  and collision [accident] reconstruction done in conjunction with
  the investigation of the underlying collision [accident].
         SECTION 114.  Section 72.001, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 72.001.  LIMITED LIABILITY. A person who is related to
  the owner or operator of a motor vehicle within the second degree by
  consanguinity or affinity, as determined under Chapter 573,
  Government Code, and who is being transported in the motor vehicle
  over a public highway of this state as a guest without payment for
  the transportation has a cause of action against the owner or
  operator of the motor vehicle for injury, death, or loss in a
  collision [an accident] only if the collision [accident] was
  intentional on the part of the owner or operator or was caused by
  the owner's or operator's [his] heedlessness or reckless disregard
  of the rights of others.
         SECTION 115.  Section 72.051, Civil Practice and Remedies
  Code, is amended by amending Subdivisions (2) and (4) and adding
  Subdivision (3-a) to read as follows:
               (2)  "Civil action" means an action in which:
                     (A)  a claimant seeks recovery of damages for
  bodily injury or death caused in a collision [an accident]; and
                     (B)  a defendant:
                           (i)  operated a commercial motor vehicle
  involved in the collision [accident]; or
                           (ii)  owned, leased, or otherwise held or
  exercised legal control over a commercial motor vehicle or operator
  of a commercial motor vehicle involved in the collision [accident].
               (3-a)  "Collision" means an event in which operating a
  commercial motor vehicle causes bodily injury or death.
               (4)  "Commercial motor vehicle" means a motor vehicle
  being used for commercial purposes in interstate or intrastate
  commerce to transport property or passengers, deliver or transport
  goods, or provide services.  The term does not include a motor
  vehicle being used at the time of the collision [accident] for
  personal, family, or household purposes.
         SECTION 116.  The heading to Section 72.052, Civil Practice
  and Remedies Code, is amended to read as follows:
         Sec. 72.052.  BIFURCATED TRIAL IN CERTAIN COMMERCIAL MOTOR
  VEHICLE COLLISION [ACCIDENT] ACTIONS.
         SECTION 117.  Sections 72.054(a), (c), (d), and (f), Civil
  Practice and Remedies Code, are amended to read as follows:
         (a)  Except as provided by Subsection (d), in a civil action
  under this subchapter, an employer defendant's liability for
  damages caused by the ordinary negligence of a person operating the
  defendant's commercial motor vehicle shall be based only on
  respondeat superior if the defendant stipulates, within the time
  provided by Section 72.052 for filing a motion to bifurcate, that,
  at the time of the collision [accident], the person operating the
  vehicle was:
               (1)  the defendant's employee; and
               (2)  acting within the scope of employment.
         (c)  In a civil action under this subchapter in which an
  employer defendant is regulated by the Motor Carrier Safety
  Improvement Act of 1999 (Pub. L. No. 106-159) or Chapter 644,
  Transportation Code, a party may present any of the following
  evidence in the first phase of a trial that is bifurcated under
  Section 72.052 if applicable to a defendant in the action:
               (1)  whether the employee who was operating the
  employer defendant's commercial motor vehicle at the time of the
  collision [accident] that is the subject of the civil action:
                     (A)  was licensed to drive the vehicle at the time
  of the collision [accident];
                     (B)  was disqualified from driving the vehicle
  under 49 C.F.R. Section 383.51, 383.52, or 391.15 at the time of the
  collision [accident];
                     (C)  was subject to an out-of-service order, as
  defined by 49 C.F.R. Section 390.5, at the time of the collision
  [accident];
                     (D)  was driving the vehicle in violation of a
  license restriction imposed under 49 C.F.R. Section 383.95 or
  Section 522.043, Transportation Code, at the time of the collision
  [accident];
                     (E)  had received a certificate of driver's road
  test from the employer defendant as required by 49 C.F.R. Section
  391.31 or had an equivalent certificate or license as provided by 49
  C.F.R. Section 391.33;
                     (F)  had been medically certified as physically
  qualified to operate the vehicle under 49 C.F.R. Section 391.41;
                     (G)  was operating the vehicle when prohibited
  from doing so under 49 C.F.R. Section 382.201, 382.205, 382.207,
  382.215, 395.3, or 395.5 or 37 T.A.C. Section 4.12, as applicable,
  on the day of the collision [accident];
                     (H)  was texting or using a handheld mobile
  telephone while driving the vehicle in violation of 49 C.F.R.
  Section 392.80 or 392.82 at the time of the collision [accident];
                     (I)  provided the employer defendant with an
  application for employment as required by 49 C.F.R. Section
  391.21(a) if the collision [accident] occurred on or before the
  first anniversary of the date the employee began employment with
  the employer defendant; and
                     (J)  refused to submit to a controlled substance
  test as required by 49 C.F.R. Section 382.303, 382.305, 382.307,
  382.309, or 382.311 during the two years preceding the date of the
  collision [accident]; and
               (2)  whether the employer defendant:
                     (A)  allowed the employee to operate the
  employer's commercial motor vehicle on the day of the collision
  [accident] in violation of 49 C.F.R. Section 382.201, 382.205,
  382.207, 382.215, 382.701(d), 395.3, or 395.5 or 37 T.A.C. Section
  4.12, as applicable;
                     (B)  had complied with 49 C.F.R. Section 382.301
  in regard to controlled-substance testing of the employee driver
  if:
                           (i)  the employee driver was impaired
  because of the use of a controlled substance at the time of the
  collision [accident]; and
                           (ii)  the collision [accident] occurred on
  or before the 180th day after the date the employee driver began
  employment with the employer defendant;
                     (C)  had made the investigations and inquiries as
  provided by 49 C.F.R. Section 391.23(a) in regard to the employee
  driver if the collision [accident] occurred on or before the first
  anniversary of the date the employee driver began employment with
  the employer defendant; and
                     (D)  was subject to an out-of-service order, as
  defined by 49 C.F.R. Section 390.5, at the time of the collision
  [accident].
         (d)  If a civil action is bifurcated under Section 72.052,
  evidence admissible under Subsection (c) is:
               (1)  admissible in the first phase of the trial only to
  prove ordinary negligent entrustment by the employer defendant to
  the employee who was driving the employer defendant's commercial
  motor vehicle at the time of the collision [accident] that is the
  subject of the action; and
               (2)  the only evidence that may be presented by the
  claimant in the first phase of the trial on the negligent
  entrustment claim.
         (f)  Nothing in this section prevents a claimant from
  pursuing:
               (1)  an ordinary negligence claim against an employer
  defendant for a claim, such as negligent maintenance, that does not
  require a finding of negligence by an employee as a prerequisite to
  an employer defendant being found negligent for its conduct or
  omission, or from presenting evidence on that claim in the first
  phase of a bifurcated trial; or
               (2)  a claim for exemplary damages under Chapter 41 for
  an employer defendant's conduct or omissions in relation to the
  collision [accident] that is the subject of the action, or from
  presenting evidence on that claim in the second phase of a
  bifurcated trial.
         SECTION 118.  Section 72.055, Civil Practice and Remedies
  Code, is amended to read as follows:
         Sec. 72.055.  ADMISSIBILITY OF VISUAL DEPICTIONS OF
  COLLISION [ACCIDENT]. (a)  In a civil action under this subchapter,
  a court may not require expert testimony for admission into
  evidence of a photograph or video of a vehicle or object involved in
  a collision [an accident] that is the subject of the action except
  as necessary to authenticate the photograph or video.
         (b)  If properly authenticated under the Texas Rules of
  Evidence, a photograph or video of a vehicle or object involved in a
  collision [an accident] that is the subject of a civil action under
  this subchapter is presumed admissible, even if the photograph or
  video tends to support or refute an assertion regarding the
  severity of damages or injury to an object or person involved in the
  collision [accident].
         SECTION 119.  Article 12.01, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 12.01.  FELONIES. Except as provided in Article 12.03,
  felony indictments may be presented within these limits, and not
  afterward:
               (1)  no limitation:
                     (A)  murder and manslaughter;
                     (B)  sexual assault under Section 22.011(a)(2),
  Penal Code, or aggravated sexual assault under Section
  22.021(a)(1)(B), Penal Code;
                     (C)  sexual assault, if:
                           (i)  during the investigation of the offense
  biological matter is collected and the matter:
                                 (a)  has not yet been subjected to
  forensic DNA testing; or
                                 (b)  has been subjected to forensic DNA
  testing and the testing results show that the matter does not match
  the victim or any other person whose identity is readily
  ascertained; or
                           (ii)  probable cause exists to believe that
  the defendant has committed the same or a similar sex offense
  against five or more victims;
                     (D)  continuous sexual abuse of young child or
  disabled individual under Section 21.02, Penal Code;
                     (E)  indecency with a child under Section 21.11,
  Penal Code;
                     (F)  an offense involving leaving the scene of a
  collision [an accident] under Section 550.021, Transportation
  Code, if the collision [accident] resulted in the death of a person;
                     (G)  trafficking of persons under Section
  20A.02(a)(7) or (8), Penal Code;
                     (H)  continuous trafficking of persons under
  Section 20A.03, Penal Code; or
                     (I)  compelling prostitution under Section
  43.05(a)(2), Penal Code;
               (2)  ten years from the date of the commission of the
  offense:
                     (A)  theft of any estate, real, personal or mixed,
  by an executor, administrator, guardian or trustee, with intent to
  defraud any creditor, heir, legatee, ward, distributee,
  beneficiary or settlor of a trust interested in such estate;
                     (B)  theft by a public servant of government
  property over which the public servant exercises control in the
  public servant's official capacity;
                     (C)  forgery or the uttering, using, or passing of
  forged instruments;
                     (D)  injury to an elderly or disabled individual
  punishable as a felony of the first degree under Section 22.04,
  Penal Code;
                     (E)  sexual assault, except as provided by
  Subdivision (1) or (7);
                     (F)  arson;
                     (G)  trafficking of persons under Section
  20A.02(a)(1), (2), (3), or (4), Penal Code; or
                     (H)  compelling prostitution under Section
  43.05(a)(1), Penal Code;
               (3)  seven years from the date of the commission of the
  offense:
                     (A)  misapplication of fiduciary property or
  property of a financial institution;
                     (B)  fraudulent securing of document execution;
                     (C)  a felony violation under Chapter 162, Tax
  Code;
                     (D)  false statement to obtain property or credit
  under Section 32.32, Penal Code;
                     (E)  money laundering;
                     (F)  credit card or debit card abuse under Section
  32.31, Penal Code;
                     (G)  fraudulent use or possession of identifying
  information under Section 32.51, Penal Code;
                     (H)  exploitation of a child, elderly individual,
  or disabled individual under Section 32.53, Penal Code;
                     (I)  health care fraud under Section 35A.02, Penal
  Code; or
                     (J)  bigamy under Section 25.01, Penal Code,
  except as provided by Subdivision (6);
               (4)  five years from the date of the commission of the
  offense:
                     (A)  theft or robbery;
                     (B)  except as provided by Subdivision (5),
  kidnapping or burglary;
                     (C)  injury to an elderly or disabled individual
  that is not punishable as a felony of the first degree under Section
  22.04, Penal Code;
                     (D)  abandoning or endangering a child; or
                     (E)  insurance fraud;
               (5)  if the investigation of the offense shows that the
  victim is younger than 17 years of age at the time the offense is
  committed, 20 years from the 18th birthday of the victim of one of
  the following offenses:
                     (A)  sexual performance by a child under Section
  43.25, Penal Code;
                     (B)  aggravated kidnapping under Section
  20.04(a)(4), Penal Code, if the defendant committed the offense
  with the intent to violate or abuse the victim sexually; or
                     (C)  burglary under Section 30.02, Penal Code, if
  the offense is punishable under Subsection (d) of that section and
  the defendant committed the offense with the intent to commit an
  offense described by Subdivision (1)(B) or (D) of this article or
  Paragraph (B) of this subdivision;
               (6)  ten years from the 18th birthday of the victim of
  the offense:
                     (A)  trafficking of persons under Section
  20A.02(a)(5) or (6), Penal Code;
                     (B)  injury to a child under Section 22.04, Penal
  Code; or
                     (C)  bigamy under Section 25.01, Penal Code, if
  the investigation of the offense shows that the person, other than
  the legal spouse of the defendant, whom the defendant marries or
  purports to marry or with whom the defendant lives under the
  appearance of being married is younger than 18 years of age at the
  time the offense is committed;
               (7)  two years from the date the offense was
  discovered: sexual assault punishable as a state jail felony under
  Section 22.011(f)(2), Penal Code; or
               (8)  three years from the date of the commission of the
  offense: all other felonies.
         SECTION 120.  The heading to Article 42A.516, Code of
  Criminal Procedure, is amended to read as follows:
         Art. 42A.516.  COMMUNITY SUPERVISION FOR LEAVING SCENE OF
  MOTOR VEHICLE COLLISION [ACCIDENT] RESULTING IN DEATH OF PERSON.
         SECTION 121.  Article 49.10(j), Code of Criminal Procedure,
  is amended to read as follows:
         (j)  A justice of the peace may order a physician, qualified
  technician, paramedic, chemist, registered professional nurse, or
  licensed vocational nurse to take a specimen of blood from the body
  of a person who died as the result of a motor vehicle collision
  [accident] if the justice determines that circumstances indicate
  that the person may have been driving while intoxicated.
         SECTION 122.  Article 59.01(3), Code of Criminal Procedure,
  is amended to read as follows:
               (3)  "Crime of violence" means:
                     (A)  any criminal offense defined in the Penal
  Code or in a federal criminal law that results in a personal injury
  to a victim; or
                     (B)  an act that is not an offense under the Penal
  Code involving the operation of a motor vehicle, aircraft, or water
  vehicle that results in injury or death sustained in a collision [an
  accident] caused by a driver in violation of Section 550.021,
  Transportation Code.
         SECTION 123.  The heading to Section 34.015, Education Code,
  is amended to read as follows:
         Sec. 34.015.  REPORTING OF BUS COLLISIONS [ACCIDENTS].
         SECTION 124.  Section 34.015(b), Education Code, is amended
  to read as follows:
         (b)  A school district shall report annually to the Texas
  Education Agency the number of collisions [accidents] in which the
  district's buses are involved. The agency by rule shall determine
  the information to be reported, including:
               (1)  the type of bus involved in the collision
  [accident];
               (2)  whether the bus was equipped with seat belts;
               (3)  the number of students and adults involved in the
  collision [accident];
               (4)  the number and types of injuries sustained by bus
  passengers in the collision [accident]; and
               (5)  whether the injured passengers were wearing seat
  belts at the time of the collision [accident].
         SECTION 125.  Section 54.352(g), Education Code, is amended
  to read as follows:
         (g)  For the purpose of this section, an injury is suffered
  during the performance of a duty as a peace officer if the injury
  occurs as a result of the peace officer's performance of any of the
  following law enforcement duties:
               (1)  traffic enforcement or traffic control duties,
  including enforcement of traffic laws, investigation of vehicle
  collisions [accidents], or directing traffic;
               (2)  pursuit, arrest, or search of a person reasonably
  believed to have violated a law;
               (3)  investigation, including undercover
  investigation, of a criminal act;
               (4)  patrol duties, including automobile, bicycle,
  foot, air, or horse patrol;
               (5)  duties related to the transfer of prisoners; or
               (6)  training duties, including participation in any
  training required by the officer's employer or supervisor or by the
  Texas Commission on Law Enforcement.
         SECTION 126.  Section 1001.1015(b), Education Code, is
  amended to read as follows:
         (b)  A driver education course under Subsection (a) must:
               (1)  provide at least the minimum number of hours of
  classroom instruction required by commission rule; and
               (2)  include instruction in:
                     (A)  alcohol and drug awareness;
                     (B)  the traffic laws of this state;
                     (C)  highway signs, signals, and markings that
  regulate, warn, or direct traffic; and
                     (D)  the issues commonly associated with motor
  vehicle collisions [accidents], including poor decision-making,
  risk taking, impaired driving, distraction, speed, failure to use a
  safety belt, driving at night, failure to yield the right-of-way,
  and using a wireless communication device while operating a
  vehicle.
         SECTION 127.  Section 1001.112(b), Education Code, is
  amended to read as follows:
         (b)  A person is eligible to conduct a driver education
  course for another person as provided by Subsection (a) if the
  person:
               (1)  is either:
                     (A)  a parent, stepparent, foster parent, legal
  guardian, grandparent, or step-grandparent of the other person; or
                     (B)  an individual who:
                           (i)  has been designated on a form
  prescribed by the department for purposes of this section by a
  parent or legal guardian of the other person or by a judge of a court
  with jurisdiction over the other person;
                           (ii)  is at least 25 years of age;
                           (iii)  does not charge a fee for conducting
  the course; and
                           (iv)  has at least seven years of driving
  experience;
               (2)  has possessed a valid license for the preceding
  three years that has not been suspended, revoked, or forfeited in
  the past three years for an offense that involves the operation of a
  motor vehicle;
               (3)  has not been convicted of:
                     (A)  criminally negligent homicide; or
                     (B)  driving while intoxicated in the past seven
  years; and
               (4)  has not been convicted during the preceding three
  years of:
                     (A)  three or more moving violations described by
  Section 542.304, Transportation Code, including violations that
  resulted in a collision [an accident]; or
                     (B)  two or more moving violations described by
  Section 542.304, Transportation Code, that resulted in a collision
  [an accident].
         SECTION 128.  Section 203.007(b), Family Code, is amended to
  read as follows:
         (b)  A domestic relations office is entitled to obtain from
  the Department of Public Safety records that relate to:
               (1)  a person's date of birth;
               (2)  a person's most recent address;
               (3)  a person's current driver's license status;
               (4)  motor vehicle collisions [accidents] involving a
  person;
               (5)  reported traffic-law violations of which a person
  has been convicted; and
               (6)  a person's criminal history record information.
         SECTION 129.  Section 264.513(c), Family Code, is amended to
  read as follows:
         (c)  A person is not required to report a death under this
  section that is the result of a motor vehicle collision [accident].
  This subsection does not affect a duty imposed by another law to
  report a death that is the result of a motor vehicle collision
  [accident].
         SECTION 130.  Section 411.019(a), Government Code, is
  amended to read as follows:
         (a)  The department shall provide a 24-hour toll-free
  telephone number for use by the public in reporting traffic
  offenses, including driving while intoxicated, suspected criminal
  activity, and traffic collisions [accidents] and other
  emergencies.
         SECTION 131.  Section 411.0726(e), Government Code, is
  amended to read as follows:
         (e)  A court may not issue an order of nondisclosure of
  criminal history record information under this section if the
  attorney representing the state presents evidence sufficient to the
  court demonstrating that the commission of the offense for which
  the order is sought resulted in a motor vehicle collision
  [accident] involving another person, including a passenger in a
  motor vehicle operated by the person seeking the order of
  nondisclosure.
         SECTION 132.  Section 411.0731(e), Government Code, is
  amended to read as follows:
         (e)  A court may not issue an order of nondisclosure of
  criminal history record information under this section if the
  attorney representing the state presents evidence sufficient to the
  court demonstrating that the commission of the offense for which
  the order is sought resulted in a motor vehicle collision
  [accident] involving another person, including a passenger in a
  motor vehicle operated by the person seeking the order of
  nondisclosure.
         SECTION 133.  Section 411.0736(e), Government Code, is
  amended to read as follows:
         (e)  A court may not issue an order of nondisclosure of
  criminal history record information under this section if the
  attorney representing the state presents evidence sufficient to the
  court demonstrating that the commission of the offense for which
  the order is sought resulted in a motor vehicle collision
  [accident] involving another person, including a passenger in a
  motor vehicle operated by the person seeking the order of
  nondisclosure.
         SECTION 134.  Section 423.002(a), Government Code, is
  amended to read as follows:
         (a)  It is lawful to capture an image using an unmanned
  aircraft in this state:
               (1)  for the purpose of professional or scholarly
  research and development or for another academic purpose by a
  person acting on behalf of an institution of higher education or a
  private or independent institution of higher education, as those
  terms are defined by Section 61.003, Education Code, including a
  person who:
                     (A)  is a professor, employee, or student of the
  institution; or
                     (B)  is under contract with or otherwise acting
  under the direction or on behalf of the institution;
               (2)  in airspace designated as a test site or range
  authorized by the Federal Aviation Administration for the purpose
  of integrating unmanned aircraft systems into the national
  airspace;
               (3)  as part of an operation, exercise, or mission of
  any branch of the United States military;
               (4)  if the image is captured by a satellite for the
  purposes of mapping;
               (5)  if the image is captured by or for an electric or
  natural gas utility or a telecommunications provider:
                     (A)  for operations and maintenance of utility or
  telecommunications facilities for the purpose of maintaining
  utility or telecommunications system reliability and integrity;
                     (B)  for inspecting utility or telecommunications
  facilities to determine repair, maintenance, or replacement needs
  during and after construction of such facilities;
                     (C)  for assessing vegetation growth for the
  purpose of maintaining clearances on utility or telecommunications
  easements; and
                     (D)  for utility or telecommunications facility
  routing and siting for the purpose of providing utility or
  telecommunications service;
               (6)  with the consent of the individual who owns or
  lawfully occupies the real property captured in the image;
               (7)  pursuant to a valid search or arrest warrant;
               (8)  if the image is captured by a law enforcement
  authority or a person who is under contract with or otherwise acting
  under the direction or on behalf of a law enforcement authority:
                     (A)  in immediate pursuit of a person law
  enforcement officers have reasonable suspicion or probable cause to
  suspect has committed an offense, not including misdemeanors or
  offenses punishable by a fine only;
                     (B)  for the purpose of documenting a crime scene
  where an offense, not including misdemeanors or offenses punishable
  by a fine only, has been committed;
                     (C)  for the purpose of investigating the scene
  of:
                           (i)  a human fatality;
                           (ii)  a motor vehicle collision [accident]
  causing death or serious bodily injury to a person; or
                           (iii)  any motor vehicle collision
  [accident] on a state highway or federal interstate or highway;
                     (D)  in connection with the search for a missing
  person;
                     (E)  for the purpose of conducting a high-risk
  tactical operation that poses a threat to human life;
                     (F)  of private property that is generally open to
  the public where the property owner consents to law enforcement
  public safety responsibilities; or
                     (G)  of real property or a person on real property
  that is within 25 miles of the United States border for the sole
  purpose of ensuring border security;
               (9)  if the image is captured by state or local law
  enforcement authorities, or a person who is under contract with or
  otherwise acting under the direction or on behalf of state
  authorities, for the purpose of:
                     (A)  surveying the scene of a catastrophe or other
  damage to determine whether a state of emergency should be
  declared;
                     (B)  preserving public safety, protecting
  property, or surveying damage or contamination during a lawfully
  declared state of emergency; or
                     (C)  conducting routine air quality sampling and
  monitoring, as provided by state or local law;
               (10)  at the scene of a spill, or a suspected spill, of
  hazardous materials;
               (11)  for the purpose of fire suppression;
               (12)  for the purpose of rescuing a person whose life or
  well-being is in imminent danger;
               (13)  if the image is captured by a Texas licensed real
  estate broker in connection with the marketing, sale, or financing
  of real property, provided that no individual is identifiable in
  the image;
               (14)  from a height no more than eight feet above ground
  level in a public place, if the image was captured without using any
  electronic, mechanical, or other means to amplify the image beyond
  normal human perception;
               (15)  of public real property or a person on that
  property;
               (16)  if the image is captured by the owner or operator
  of an oil, gas, water, or other pipeline for the purpose of
  inspecting, maintaining, or repairing pipelines or other related
  facilities, and is captured without the intent to conduct
  surveillance on an individual or real property located in this
  state;
               (17)  in connection with oil pipeline safety and rig
  protection;
               (18)  in connection with port authority surveillance
  and security;
               (19)  if the image is captured by a registered
  professional land surveyor in connection with the practice of
  professional surveying, as those terms are defined by Section
  1071.002, Occupations Code, provided that no individual is
  identifiable in the image;
               (20)  if the image is captured by a professional
  engineer licensed under Subchapter G, Chapter 1001, Occupations
  Code, in connection with the practice of engineering, as defined by
  Section 1001.003, Occupations Code, provided that no individual is
  identifiable in the image; or
               (21)  if:
                     (A)  the image is captured by an employee of an
  insurance company or of an affiliate of the company in connection
  with the underwriting of an insurance policy, or the rating or
  adjusting of an insurance claim, regarding real property or a
  structure on real property; and
                     (B)  the operator of the unmanned aircraft is
  authorized by the Federal Aviation Administration to conduct
  operations within the airspace from which the image is captured.
         SECTION 135.  Section 1952.155, Insurance Code, is amended
  to read as follows:
         Sec. 1952.155.  BENEFITS PAYABLE WITHOUT REGARD TO FAULT OR
  COLLATERAL SOURCE; EFFECT ON SUBROGATION. (a) The benefits under
  coverage required by this subchapter are payable without regard to:
               (1)  the fault or nonfault of the named insured or
  recipient in causing or contributing to the collision [accident];
  and
               (2)  any collateral source of medical, hospital, or
  wage continuation benefits.
         (b)  Except as provided by Subsection (c), an insurer paying
  benefits under coverage required by this subchapter does not have a
  right of subrogation or claim against any other person or insurer to
  recover any benefits by reason of the alleged fault of the other
  person in causing or contributing to the collision [accident].
         (c)  An insurer paying benefits pursuant to this subchapter,
  including a county mutual insurance company, shall have a right of
  subrogation and a claim against a person causing or contributing to
  the collision [accident] if, on the date of loss, financial
  responsibility as required by Chapter 601, Transportation Code, has
  not been established for a motor vehicle involved in the collision
  [accident] and operated by that person.
         SECTION 136.  Section 1954.056(b), Insurance Code, is
  amended to read as follows:
         (b)  A transportation network company driver shall carry
  proof of insurance that satisfies Sections 1954.052 and 1954.053
  with the driver when the driver uses a vehicle in connection with a
  transportation network company's digital network. In the event of
  a collision [an accident], a driver shall provide the proof of
  insurance to a directly interested person, automobile insurer, and
  investigating peace officer on request under Section 601.053,
  Transportation Code.  On request, a driver shall also disclose to a
  directly interested person, automobile insurer, and investigating
  peace officer whether, at the time of the collision [accident], the
  driver was:
               (1)  logged on to the company's digital network; or
               (2)  engaged in a prearranged ride.
         SECTION 137.  Section 2308.002(5-a), Occupations Code, is
  amended to read as follows:
               (5-a)  "Incident management tow" means any tow of a
  vehicle in which the tow truck is summoned to the scene of a traffic
  collision [accident] or to an incident, including the removal of a
  vehicle, commercial cargo, and commercial debris from a collision
  [an accident] or incident scene.
         SECTION 138.  Sections 2308.209(c), (d), and (h),
  Occupations Code, are amended to read as follows:
         (c)  The sheriff's office may maintain a list of towing
  companies to perform nonconsent tows of motor vehicles initiated by
  a peace officer investigating a traffic collision [accident] or a
  traffic incident.  The towing companies must operate in a county to
  which this section applies.
         (d)  A peace officer initiating a nonconsent tow of a motor
  vehicle involved in a traffic collision [accident] or traffic
  incident that the officer is investigating shall notify the
  sheriff's office that the tow is being initiated.  The sheriff's
  office shall contact successive towing companies on the tow
  rotation list until a company agrees to carry out the tow.
         (h)  In a county in which a list is maintained under
  Subsection (c), a person commits an offense if:
               (1)  the person arrives at the scene of a traffic
  collision [accident] or traffic incident to perform a nonconsent
  tow of a motor vehicle without first being contacted by the
  sheriff's office;
               (2)  the person directly or indirectly solicits, on
  streets located in the county, towing services, including towing,
  removing, repairing, wrecking, storing, trading, selling, or
  purchasing related to a vehicle that has been damaged in a collision
  [an accident] to the extent that it cannot be normally and safely
  driven; or
               (3)  the person enters the scene of a traffic collision
  [accident], traffic incident, or other area under the control of a
  peace officer without the permission of the peace officer.
         SECTION 139.  The heading to Section 38.18, Penal Code, is
  amended to read as follows:
         Sec. 38.18.  USE OF COLLISION [ACCIDENT] REPORT INFORMATION
  AND OTHER INFORMATION FOR PECUNIARY GAIN.
         SECTION 140.  Section 2(4-a), Article 6243g-4, Revised
  Statutes, is amended to read as follows:
               (4-a)  "Catastrophic injury" means a sudden, violent,
  life-threatening, duty-related injury sustained by an active
  member that is due to an externally caused motor vehicle collision
  [accident], gunshot wound, aggravated assault, or other external
  event or events and results, as supported by evidence, in one of the
  following conditions:
                     (A)  total, complete, and permanent loss of sight
  in one or both eyes;
                     (B)  total, complete, and permanent loss of the
  use of one or both feet at or above the ankle;
                     (C)  total, complete, and permanent loss of the
  use of one or both hands at or above the wrist;
                     (D)  injury to the spine that results in a total,
  permanent, and complete paralysis of both arms, both legs, or one
  arm and one leg; or
                     (E)  an externally caused physical traumatic
  injury to the brain rendering the member physically or mentally
  unable to perform the member's duties as a police officer.
         SECTION 141.  Section 72.051(1), Civil Practice and Remedies
  Code, is repealed.
         SECTION 142.  The changes in law made by this Act are
  nonsubstantive and are intended to clarify rather than change
  existing law.
         SECTION 143.  To the extent of any conflict, this Act
  prevails over another Act of the 88th Legislature, Regular Session,
  2023, relating to nonsubstantive additions to and corrections in
  enacted codes.
         SECTION 144.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2190 was passed by the House on May 9,
  2023, by the following vote:  Yeas 133, Nays 9, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2190 on May 26, 2023, by the following vote:  Yeas 138, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2190 was passed by the Senate, with
  amendments, on May 24, 2023, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor