S.B. No. 766
 
 
 
 
AN ACT
  relating to the transfer of powers and duties for accident reports
  from the Department of Public Safety of the State of Texas to the
  Texas Department of Transportation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter J, Chapter 201, Transportation Code,
  is amended by adding Section 201.805 to read as follows:
         Sec. 201.805.  ACCIDENT REPORTS.  (a)  The department shall:
               (1)  tabulate and analyze the vehicle accident reports
  it receives;
               (2)  annually or more frequently publish statistical
  information derived from the accident reports as to the number,
  cause, and location of highway accidents, including information
  regarding the number of accidents involving injury to, death of, or
  property damage to a bicyclist or pedestrian; and
               (3)  not later than December 15 of each even-numbered
  year provide to the governor and the legislature:
                     (A)  an abstract of the statistical information
  for the biennium ending on the preceding August 31; and
                     (B)  a report with the department's conclusions,
  findings, and recommendations for decreasing highway accidents and
  increasing highway safety.
         (b)  The department shall provide electronic access to the
  system containing the accident reports so that the Department of
  Public Safety can perform its duties, including the duty to make
  timely entries on driver records.
         SECTION 2.  Subchapter D, Chapter 550, Transportation Code,
  is amended by adding Section 550.0601 to read as follows:
         Sec. 550.0601.  DEFINITION. In this subchapter,
  "department" means the Texas Department of Transportation.
         SECTION 3.  Section 550.063, Transportation Code, is amended
  to read as follows:
         Sec. 550.063.  REPORT ON APPROPRIATE FORM.  The form of all
  written accident reports must be approved by the department and the
  Department of Public Safety. A person who is required to file a
  written accident report shall report on the appropriate form
  [approved by the department] and shall disclose all information
  required by the form unless the information is not available.
         SECTION 4.  Section 550.081, Transportation Code, is amended
  to read as follows:
         Sec. 550.081.  CORONER'S REPORT.  A coroner or other officer
  performing similar functions shall, not later than the 10th day of
  each month:
               (1)  report in writing to the Texas Department of
  Transportation [department] the death of a person within the
  officer's jurisdiction during the preceding calendar month as the
  result of a traffic accident; and
               (2)  include in the report the time, place, and
  circumstances of the accident.
         SECTION 5.  Subsections (a), (c), and (d), Section 601.004,
  Transportation Code, are amended to read as follows:
         (a)  The operator of a motor vehicle that is involved in an
  accident in this state shall report the accident to the Texas
  Department of Transportation [department] not later than the 10th
  day after the date of the accident if:
               (1)  the accident is not investigated by a law
  enforcement officer; and
               (2)  at least one person, including the operator,
  sustained:
                     (A)  bodily injury or death; or
                     (B)  property damage to an apparent extent of at
  least $1,000.
         (c)  The report must be made in writing in the form
  prescribed by the Texas Department of Transportation and the
  department and must contain information as necessary to enable the
  department to determine if the requirements for the deposit of
  security under Subchapter F do not apply because of the existence of
  insurance or an exception specified in this chapter. The operator
  or owner shall provide additional information as required by the
  department.
         (d)  A written report of an accident made to the Texas
  Department of Transportation [department] under Section 550.061 or
  550.062 complies with this section if that report contains the
  information required by this section.
         SECTION 6.  Section 411.0175, Government Code, is repealed.
         SECTION 7.  (a)  On October 1, 2007:
               (1)  all duties, obligations, rights, contracts,
  records, assets, funds, and property, excluding real property and
  office space, of the Department of Public Safety of the State of
  Texas that relate primarily to the collection, tabulation,
  analysis, and maintenance of accident reports and records are
  transferred to the Texas Department of Transportation;
               (2)  all appropriations that relate primarily to the
  collection, tabulation, analysis, and maintenance of accident
  reports and records are transferred to the Texas Department of
  Transportation;
               (3)  all rules, policies, forms, procedures, and
  decisions of the Department of Public Safety of the State of Texas
  that relate primarily to collection, tabulation, analysis, and
  maintenance of accident reports and records are continued in effect
  as rules, policies, forms, procedures, and decisions of the Texas
  Department of Transportation until superseded by a rule or other
  appropriate action of the Texas Transportation Commission or
  appropriate action of the Texas Department of Transportation; and
               (4)  86 of the full-time employees of the Department of
  Public Safety of the State of Texas who primarily perform duties
  related to the collection, tabulation, analysis, and maintenance of
  the accident reports and records, including employees with
  management-level experience and expertise sufficient to allow the
  crash records bureau to immediately operate as an independent
  organizational unit within the Texas Department of Transportation,
  become employees of the Texas Department of Transportation.
         (b)  Not later than September 21, 2007, the Department of
  Public Safety of the State of Texas shall enter into a memorandum of
  understanding with the Texas Department of Transportation to
  implement this section.
         SECTION 8.  This Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 766 passed the Senate on
  April 12, 2007, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on May 25, 2007, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 766 passed the House, with
  amendments, on May 23, 2007, by the following vote: Yeas 140,
  Nays 1, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor