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  S.B. No. 1218
 
 
 
 
AN ACT
  relating to the collection of data by the Texas Department of
  Transportation regarding bridge collapses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 201.805, Transportation Code, as added
  by Chapter 1407 (S.B. 766), Acts of the 80th Legislature, Regular
  Session, 2007, is amended 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:
                     (A)  accidents involving injury to, death of, or
  property damage to a bicyclist or pedestrian; and
                     (B)  fatalities caused by a bridge collapse, as
  defined by Section 550.081; 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 and bridge 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.  Section 550.081, Transportation Code, as amended
  by Chapters 74 (H.B. 423) and 1407 (S.B. 766), Acts of the 80th
  Legislature, Regular Session, 2007, is reenacted and amended to
  read as follows:
         Sec. 550.081.  REPORT OF MEDICAL EXAMINER OR JUSTICE OF THE
  PEACE. (a)  In this section:
               (1)  "Department" means the Texas Department of
  Transportation.
               (2)  "Bridge collapse" means the abrupt failure of the
  basic structure of a bridge that impairs the ability of the bridge
  to serve its intended purpose and that damages a highway located on
  or under the structure.
         (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 [Texas Department of
  Transportation] of the death of a person that was the result of a
  traffic accident or bridge collapse:
               (1)  to which this chapter applies; and
               (2)  that occurred within the jurisdiction of the
  medical examiner or justice of the peace in the preceding calendar
  quarter.
         (c) [(b)]  The report must be submitted before the 11th day
  of each calendar month and include:
               (1)  the name of the deceased and a statement as to
  whether the deceased was:
                     (A)  the operator of or a passenger in a vehicle
  involved in the accident; or
                     (B)  a pedestrian or other nonoccupant of a
  vehicle;
               (2)  the date of the accident and the name of the county
  in which the accident occurred, and, if a bridge collapse, the
  location of the bridge in that county;
               (3)  the name of any laboratory, medical examiner's
  office, or other facility that conducted toxicological testing
  relative to the deceased; and
               (4)  the results of any toxicological testing that was
  conducted.
         (d) [(c)]  A report required by this section shall be sent
  to:
               (1)  the crash records bureau of the department at its
  headquarters in Austin; or
               (2)  any other office or bureau of the department that
  the department designates.
         (e) [(d)]  If toxicological test results are not available
  to the medical examiner or justice of the peace on the date a report
  must be submitted, the medical examiner or justice shall:
               (1)  submit a report that includes the statement
  "toxicological test results unavailable"; and
               (2)  submit a supplement to the report that contains
  the information required by Subsections (c)(3) [(b)(3)] and (4) as
  soon as practicable after the toxicological test results become
  available.
         (f) [(e)]  The department shall prepare and when requested
  supply to medical examiners' offices and justices of the peace the
  forms necessary to make the reports required by this section.
         SECTION 3.  To the extent of any conflict, this Act prevails
  over another Act of the 81st Legislature, Regular Session, 2009,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 4.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1218 passed the Senate on
  April 9, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1218 passed the House on
  May 26, 2009, by the following vote:  Yeas 142, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor