Bill Text: TX HB2190 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the terminology used to describe transportation-related accidents.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB2190 Detail]
Download: Texas-2023-HB2190-Enrolled.html
H.B. No. 2190 |
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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 | ||
[ |
||
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 [ |
||
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 [ |
||
(c) The operator shall render to a person injured in the | ||
collision [ |
||
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 [ |
||
VIOLATION. If a person operating a railroad locomotive or train is | ||
involved in a collision [ |
||
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 [ |
||
and | ||
(2) the person's involvement in the collision | ||
[ |
||
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 [ |
||
department shall: | ||
(1) tabulate and analyze the vehicle collision | ||
[ |
||
(2) annually or more frequently publish on the | ||
department's Internet website statistical information derived from | ||
the collision [ |
||
location of highway collisions [ |
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regarding the number of: | ||
(A) collisions [ |
||
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 [ |
||
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 [ |
||
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 | ||
[ |
||
(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 [ |
||
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 [ |
||
motorcycle. | ||
(b) The commission by rule shall establish and administer a | ||
memorial sign program to publicly memorialize the victims of | ||
motorcycle collisions [ |
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(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 [ |
||
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 [ |
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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 [ |
||
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 [ |
||
(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 [ |
||
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 [ |
||
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 [ |
||
is computed by multiplying the annual number of collisions | ||
[ |
||
miles for all service, including charter and nonrevenue service, | ||
directly operated by the authority for the same period. In this | ||
subsection, "collision [ |
||
(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 [ |
||
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 [ |
||
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 [ |
||
is computed by multiplying the annual number of collisions | ||
[ |
||
miles for all service, including charter and nonrevenue service for | ||
the same period. In this subsection, "collision [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
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INDIVIDUAL RECORDS. (a) Except as provided by this section, the | ||
department shall record each collision [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
damages to property of less than $1,000; or | ||
(2) an investigation of the collision [ |
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peace officer, other than a peace officer involved in the collision | ||
[ |
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emergency medical services employee involved in the collision | ||
[ |
||
(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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 | ||
[ |
||
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 [ |
||
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 [ |
||
(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 [ |
||
(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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
(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 [ |
||
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 [ |
||
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 [ |
||
(B) if a notice to appear was not issued and a | ||
collision [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
(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 [ |
||
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 [ |
||
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 [ |
||
shall, at least 48 hours before temporary speed limit signs are | ||
posted for the vehicular collision [ |
||
provide to the Texas Department of Transportation notice that | ||
includes: | ||
(1) the date and time of the collision [ |
||
reconstruction; | ||
(2) the location of the collision [ |
||
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 [ |
||
(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 | ||
[ |
||
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 [ |
||
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 [ |
||
is removed from the vehicular collision [ |
||
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 [ |
||
reconstruction is complete; and | ||
(2) removes all temporary signs, concealments, and | ||
equipment used at the vehicular collision [ |
||
reconstruction site. | ||
(i) If a designated official does not comply with the | ||
requirements of Subsection (f)(3) for a vehicular collision | ||
[ |
||
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 [ |
||
(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 [ |
||
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 [ |
||
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 [ |
||
INVOLVING AUTOMATED MOTOR VEHICLE. In the event of a collision [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
(E) records the driver's safety belt status; or | ||
(F) transmits information concerning the | ||
collision [ |
||
collision [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
REPORTS | ||
SECTION 44. The heading to Subchapter B, Chapter 550, | ||
Transportation Code, is amended to read as follows: | ||
SUBCHAPTER B. DUTIES FOLLOWING COLLISION [ |
||
SECTION 45. Section 550.021, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 550.021. COLLISION [ |
||
INJURY OR DEATH. (a) The operator of a vehicle involved in a | ||
collision [ |
||
result in injury to or death of a person shall: | ||
(1) immediately stop the vehicle at the scene of the | ||
collision [ |
||
(2) immediately return to the scene of the collision | ||
[ |
||
collision [ |
||
(3) immediately determine whether a person is involved | ||
in the collision [ |
||
collision [ |
||
(4) remain at the scene of the collision [ |
||
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 [ |
||
(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 [ |
||
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 [ |
||
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 [ |
||
damage to a vehicle that is driven or attended by a person shall: | ||
(1) immediately stop the vehicle at the scene of the | ||
collision [ |
||
collision [ |
||
necessary; | ||
(2) immediately return to the scene of the collision | ||
[ |
||
collision [ |
||
(3) remain at the scene of the collision [ |
||
until the operator complies with the requirements of Section | ||
550.023. | ||
(b) If a collision [ |
||
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 [ |
||
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 [ |
||
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 | ||
[ |
||
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 [ |
||
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 | ||
[ |
||
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 [ |
||
(a) The operator of a vehicle involved in a collision [ |
||
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 [ |
||
(1) local police department if the collision | ||
[ |
||
(2) local police department or the sheriff's office if | ||
the collision [ |
||
the limits of a municipality; or | ||
(3) sheriff's office or the nearest office of the | ||
department if the collision [ |
||
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 | ||
[ |
||
SECTION 51. The heading to Subchapter C, Chapter 550, | ||
Transportation Code, is amended to read as follows: | ||
SUBCHAPTER C. INVESTIGATION OF COLLISION [ |
||
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 [ |
||
property damage to an apparent extent of at least $1,000 may | ||
investigate the collision [ |
||
relating to the collision [ |
||
collision [ |
||
applies. | ||
SECTION 53. The heading to Subchapter D, Chapter 550, | ||
Transportation Code, is amended to read as follows: | ||
SUBCHAPTER D. WRITTEN COLLISION [ |
||
SECTION 54. Section 550.062, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 550.062. OFFICER'S COLLISION [ |
||
A law enforcement officer who in the regular course of duty | ||
investigates a motor vehicle collision [ |
||
written report of the collision [ |
||
[ |
||
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 [ |
||
(b-1) If the motor vehicle collision [ |
||
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 [ |
||
the collision [ |
||
[ |
||
collision [ |
||
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 [ |
||
department and the Department of Public Safety. A person who is | ||
required to file a written collision [ |
||
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 [ |
||
department shall prepare and when requested supply to police | ||
departments, coroners, sheriffs, garages, and other suitable | ||
agencies or individuals the collision [ |
||
appropriate for the persons required to make a report and | ||
appropriate for the purposes to be served by those reports. | ||
(b) A collision [ |
||
department must: | ||
(1) require sufficiently detailed information to | ||
disclose the cause and conditions of and the persons and vehicles | ||
involved in a collision [ |
||
to be made by a person investigating the collision [ |
||
(2) include a way to designate and identify a peace | ||
officer, firefighter, or emergency medical services employee who is | ||
involved in a collision [ |
||
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 [ |
||
(4) include a way to designate whether an individual | ||
involved in a collision [ |
||
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 [ |
||
following information that is held by the department or another | ||
governmental entity: | ||
(1) a written report of a collision [ |
||
required under: | ||
(A) Section 550.062; or | ||
(B) former Section 550.061 or 601.004 before | ||
September 1, 2017; or | ||
(2) collision [ |
||
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 [ |
||
(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 [ |
||
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 [ |
||
subpoenaed; or | ||
(4) any person directly concerned in the collision | ||
[ |
||
(A) any person involved in the collision | ||
[ |
||
(B) the authorized representative of any person | ||
involved in the collision [ |
||
(C) a driver involved in the collision | ||
[ |
||
(D) an employer, parent, or legal guardian of a | ||
driver involved in the collision [ |
||
(E) the owner of a vehicle or property damaged in | ||
the collision [ |
||
(F) a person who has established financial | ||
responsibility for a vehicle involved in the collision [ |
||
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 [ |
||
(H) an insurance company that issued a policy | ||
covering any person involved in the collision [ |
||
(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 [ |
||
(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 [ |
||
that may be requested by any person. The redacted collision | ||
[ |
||
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 [ |
||
$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 [ |
||
under Section 201.806; or | ||
(2) a vehicle identification number and specific | ||
collision [ |
||
(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 [ |
||
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 [ |
||
(C) the date of birth, other than the year, of any | ||
person listed in a collision [ |
||
(D) the address, other than zip code, and | ||
telephone number of any person listed in a collision [ |
||
report; | ||
(E) the license plate number of any vehicle | ||
listed in a collision [ |
||
(F) the name of any insurance company listed as a | ||
provider of financial responsibility for a vehicle listed in a | ||
collision [ |
||
(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 [ |
||
(I) the date the investigating peace officer | ||
arrived at the collision [ |
||
(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 [ |
||
(L) the date of any commercial motor vehicle | ||
report; and | ||
(M) the place where any person injured or killed | ||
in a collision [ |
||
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 | ||
[ |
||
information requested on a collision [ |
||
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 | ||
[ |
||
the operator of a vehicle involved in a collision [ |
||
file with a designated municipal department: | ||
(1) a report of the collision [ |
||
collision [ |
||
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 | ||
[ |
||
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 [ |
||
(a) Except as provided by Subsection (b), a change in or a | ||
modification of a written report of a motor vehicle collision | ||
[ |
||
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 [ |
||
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 [ |
||
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 | ||
[ |
||
(B) a pedestrian or other nonoccupant of a | ||
vehicle; | ||
(2) the date of the collision [ |
||
of the county in which the collision [ |
||
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 [ |
||
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 [ |
||
Section 601.072(a-1)(1) [ |
||
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 [ |
||
under Section 601.072(a-1)(2) [ |
||
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 [ |
||
under Section 601.072(a-1)(3) [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
(2) $60,000 for bodily injury to or death of two or | ||
more persons in one collision [ |
||
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 [ |
||
(b) The coverage required under this section may exclude, | ||
with respect to one collision [ |
||
(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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
policy that covers the motor vehicle involved in the collision | ||
[ |
||
(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 [ |
||
(3) an owner or operator whose liability for damages | ||
resulting from the collision [ |
||
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 [ |
||
stopped at a traffic signal; | ||
(6) the owner of a motor vehicle that at the time of | ||
the collision [ |
||
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 [ |
||
(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 [ |
||
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 [ |
||
sufficient to satisfy any judgment for damages resulting from the | ||
collision [ |
||
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 [ |
||
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 [ |
||
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 | ||
[ |
||
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 [ |
||
(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 [ |
||
(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 | ||
[ |
||
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 [ |
||
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 [ |
||
filed with the department that, during the two-year period, an | ||
action for damages arising out of the collision [ |
||
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 [ |
||
(B) a final adjudication that the person is not | ||
liable for claims arising out of the collision [ |
||
(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 [ |
||
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 | ||
[ |
||
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 | ||
[ |
||
(2) a settlement, agreed to by the depositor, of a | ||
claim arising out of the collision [ |
||
(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 [ |
||
(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 | ||
[ |
||
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 [ |
||
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 [ |
||
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 [ |
||
introduced in evidence in a suit for damages arising from that | ||
collision [ |
||
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 | ||
[ |
||
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 [ |
||
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 [ |
||
(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 | ||
[ |
||
(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 | ||
[ |
||
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 [ |
||
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 | ||
[ |
||
was exempt from the requirement of Section 601.051; | ||
(2) a release executed by each person damaged in the | ||
collision [ |
||
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 [ |
||
the time of the collision [ |
||
(2) an affidavit stating that the person was insured | ||
at the time of the collision [ |
||
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 | ||
[ |
||
(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 | ||
[ |
||
(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 [ |
||
(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 [ |
||
(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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
(2) $300,000 for bodily injury to or death of two or | ||
more persons in one collision [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
death, injury, and property damage that result from traffic | ||
collisions [ |
||
(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 [ |
||
(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 [ |
||
(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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 | ||
[ |
||
license or registration status; or | ||
(B) information contained in a collision [ |
||
(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 [ |
||
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 [ |
||
SECTION 110. Section 504.001(2), Business & Commerce Code, | ||
is amended to read as follows: | ||
(2) "Motor vehicle collision [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
(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 [ |
||
the person's [ |
||
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 [ |
||
Chapter 550, Transportation Code; and | ||
(2) photographs, field measurements, scene drawings, | ||
and collision [ |
||
the investigation of the underlying collision [ |
||
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 [ |
||
intentional on the part of the owner or operator or was caused by | ||
the owner's or operator's [ |
||
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 [ |
||
(B) a defendant: | ||
(i) operated a commercial motor vehicle | ||
involved in the collision [ |
||
(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 [ |
||
(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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
(A) was licensed to drive the vehicle at the time | ||
of the collision [ |
||
(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 [ |
||
(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 | ||
[ |
||
(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 | ||
[ |
||
(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 [ |
||
(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 [ |
||
(I) provided the employer defendant with an | ||
application for employment as required by 49 C.F.R. Section | ||
391.21(a) if the collision [ |
||
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 [ |
||
(2) whether the employer defendant: | ||
(A) allowed the employee to operate the | ||
employer's commercial motor vehicle on the day of the collision | ||
[ |
||
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 [ |
||
(ii) the collision [ |
||
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 [ |
||
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 | ||
[ |
||
(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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
Code, if the collision [ |
||
(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 [ |
||
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 | ||
[ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 | ||
[ |
||
(2) whether the bus was equipped with seat belts; | ||
(3) the number of students and adults involved in the | ||
collision [ |
||
(4) the number and types of injuries sustained by bus | ||
passengers in the collision [ |
||
(5) whether the injured passengers were wearing seat | ||
belts at the time of the collision [ |
||
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 [ |
||
(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 [ |
||
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 [ |
||
(B) two or more moving violations described by | ||
Section 542.304, Transportation Code, that resulted in a collision | ||
[ |
||
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 [ |
||
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 [ |
||
This subsection does not affect a duty imposed by another law to | ||
report a death that is the result of a motor vehicle collision | ||
[ |
||
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 [ |
||
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 | ||
[ |
||
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 | ||
[ |
||
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 | ||
[ |
||
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 [ |
||
causing death or serious bodily injury to a person; or | ||
(iii) any motor vehicle collision | ||
[ |
||
(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 [ |
||
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 [ |
||
(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 [ |
||
responsibility as required by Chapter 601, Transportation Code, has | ||
not been established for a motor vehicle involved in the collision | ||
[ |
||
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 [ |
||
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 [ |
||
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 [ |
||
vehicle, commercial cargo, and commercial debris from a collision | ||
[ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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 | ||
[ |
||
driven; or | ||
(3) the person enters the scene of a traffic collision | ||
[ |
||
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 [ |
||
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 | ||
[ |
||
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 |