Bill Text: TX HB2679 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to damage to certain state transportation infrastructure resulting from certain motor vehicle accidents; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-03 - Left pending in committee [HB2679 Detail]
Download: Texas-2019-HB2679-Introduced.html
| 86R9131 JRR/SCL-D | ||
| By: Craddick | H.B. No. 2679 | |
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| relating to damage to certain state transportation infrastructure | ||
| resulting from certain motor vehicle accidents; creating a criminal | ||
| offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter I, Chapter 545, Transportation Code, | ||
| is amended by adding Section 545.428 to read as follows: | ||
| Sec. 545.428. RECKLESS DAMAGE TO CERTAIN STATE | ||
| TRANSPORTATION INFRASTRUCTURE BY OPERATOR OF COMMERCIAL MOTOR | ||
| VEHICLE; OFFENSE. (a) A person commits an offense if: | ||
| (1) the person recklessly operates a commercial motor | ||
| vehicle, as that term is defined by Section 644.001; and | ||
| (2) as a result of the conduct described by | ||
| Subdivision (1), the person is involved in an accident that causes | ||
| damage to a highway or other transportation infrastructure, | ||
| including a bridge, tunnel, overpass, or other structure, that is | ||
| part of the state highway system. | ||
| (b) An offense under this section is a Class C misdemeanor. | ||
| SECTION 2. Chapter 601, Transportation Code, is amended by | ||
| adding Subchapter O to read as follows: | ||
| SUBCHAPTER O. DEPARTMENT CLAIMS FOR DAMAGE TO STATE TRANSPORTATION | ||
| INFRASTRUCTURE | ||
| Sec. 601.501. DEFINITIONS. Notwithstanding Section | ||
| 601.002, in this subchapter: | ||
| (1) "Commission" means the Texas Transportation | ||
| Commission. | ||
| (2) "Department" means the Texas Department of | ||
| Transportation. | ||
| Sec. 601.502. SUBMISSION OF CLAIM. If an operator of a | ||
| motor vehicle is responsible for an accident that causes damage to | ||
| transportation infrastructure that is part of the state highway | ||
| system, including a highway, bridge, tunnel, overpass, highway | ||
| sign, or other highway structure, the department may file a claim | ||
| against the owner of the motor vehicle by: | ||
| (1) submitting the claim to the owner's insurer if the | ||
| owner maintains motor vehicle liability insurance for the motor | ||
| vehicle; or | ||
| (2) submitting the claim to the owner if the owner | ||
| establishes financial responsibility under Subchapter E. | ||
| Sec. 601.503. PROMPT PAYMENT OF CLAIMS. (a) If the | ||
| department files a claim with an owner's insurer under Section | ||
| 601.502(1), the insurer shall process the claim in the form and | ||
| manner provided by Subchapter B, Chapter 542, Insurance Code, as if | ||
| the department's claim is a claim as defined by Section 542.051, | ||
| Insurance Code. | ||
| (b) If the department files a claim with the owner under | ||
| Section 601.502(2), the owner shall process the claim in the form | ||
| and manner provided by Subchapter B, Chapter 542, Insurance Code, | ||
| as if: | ||
| (1) the department's claim is a claim as defined by | ||
| Section 542.051, Insurance Code; and | ||
| (2) the owner is an authorized insurer. | ||
| Sec. 601.504. REMEDIES. In a claim filed under this | ||
| subchapter, the department may recover the estimated cost to repair | ||
| or replace the damaged infrastructure, including engineering and | ||
| inspection costs associated with repairs and determination of the | ||
| damage to the infrastructure, and: | ||
| (1) the remedies described by Section 542.060, | ||
| Insurance Code, if the owner's insurer or the owner, as applicable, | ||
| fails to process the claim in accordance with Section 601.503; or | ||
| (2) if the owner's insurer or the owner, as applicable, | ||
| complies with Section 601.503 but denies the department's claim and | ||
| the department prevails in a suit against the owner, the costs | ||
| incurred in bringing the suit, including reasonable attorney's fees | ||
| and court costs, if the department prevails in the suit. | ||
| Sec. 601.505. RULES. The commission shall adopt rules | ||
| necessary to implement this subchapter, including rules on | ||
| initiation of claims under this subchapter and expediting repair or | ||
| replacement of damaged infrastructure that is the subject of a | ||
| claim under this subchapter. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
