2005 Texas Transportation Code CHAPTER 550. ACCIDENTS AND ACCIDENT REPORTS

TRANSPORTATION CODE

CHAPTER 550. ACCIDENTS AND ACCIDENT REPORTS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 550.001. APPLICABILITY OF CHAPTER.  This chapter 
applies only to:       
		(1)  a road owned and controlled by a water control and 
improvement district;
		(2)  a private access way or parking area provided for a 
client or patron by a business, other than a private residential 
property, or the property of a garage or parking lot for which a 
charge is made for storing or parking a motor vehicle;  and
		(3)  a highway or other public place.                                         

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

SUBCHAPTER B. DUTIES FOLLOWING ACCIDENT


	§ 550.021. ACCIDENT INVOLVING PERSONAL INJURY OR 
DEATH.  (a) The operator of a vehicle involved in an accident 
resulting in injury to or death of a person shall:
		(1)  immediately stop the vehicle at the scene of the 
accident or as close to the scene as possible;
		(2)  immediately return to the scene of the accident if 
the vehicle is not stopped at the scene of the accident;  and
		(3)  remain at the scene of the accident until the 
operator complies with the requirements of Section 550.023.
	(b)  An operator of a vehicle required to stop the vehicle by 
Subsection (a) shall do so without obstructing traffic more than is 
necessary.
	(c)  A person commits an offense if the person does not stop 
or does not comply with the requirements of this section.  An 
offense under this section is punishable by:
		(1)  imprisonment in the institutional division of the 
Texas Department of Criminal Justice for not more than five years or 
confinement in the county jail for not more than one year;
		(2)  a fine not to exceed $5,000;  or                                         
		(3)  both the fine and the imprisonment or confinement.                       

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 550.022. ACCIDENT INVOLVING DAMAGE TO VEHICLE.  (a) 
Except as provided by Subsection (b), the operator of a vehicle 
involved in an accident resulting only in damage to a vehicle that 
is driven or attended by a person shall:
		(1)  immediately stop the vehicle at the scene of the 
accident or as close as possible to the scene of the accident 
without obstructing traffic more than is necessary;
		(2)  immediately return to the scene of the accident if 
the vehicle is not stopped at the scene of the accident;  and
		(3)  remain at the scene of the accident until the 
operator complies with the requirements of Section 550.023.
	(b)  If an accident occurs on a main lane, ramp, shoulder, 
median, or adjacent area of a freeway in a metropolitan area and 
each vehicle involved can be normally and safely driven, each 
operator shall move the operator's vehicle as soon as possible to a 
designated accident investigation site, if available, a location on 
the frontage road, the nearest suitable cross street, or other 
suitable location to complete the requirements of Section 550.023 
and minimize interference with freeway traffic.
	(c)  A person commits an offense if the person does not stop 
or does not comply with the requirements of Subsection (a).  An 
offense under this subsection is:
		(1)  a Class C misdemeanor, if the damage to all 
vehicles is less than $200;  or
		(2)  a Class B misdemeanor, if the damage to all 
vehicles is $200 or more.  
	(c-1)  A person commits an offense if the person does not 
comply with the requirements of Subsection (b).  An offense under 
this subsection is a Class C misdemeanor.
	(d)  In this section, a vehicle can be normally and safely 
driven only if the vehicle:
		(1)  does not require towing;  and                                            
		(2)  can be operated under its own power and in its 
usual manner, without additional damage or hazard to the vehicle, 
other traffic, or the roadway.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2005, 79th Leg., ch. 1066, § 1, eff. Sept. 1, 2005.


	§ 550.023. DUTY TO GIVE INFORMATION AND RENDER AID.  The 
operator of a vehicle involved in an accident resulting in the 
injury or death of a person or damage to a vehicle that is driven or 
attended by a person shall:
		(1)  give the operator's name and address, the 
registration number of the vehicle the operator was driving, and 
the name of the operator's motor vehicle liability insurer to any 
person injured or the operator or occupant of or person attending a 
vehicle involved in the collision;
		(2)  if requested and available, show the operator's 
driver's license to a person described by Subdivision (1);  and
		(3)  provide any person injured in the accident 
reasonable assistance, including transporting or making 
arrangements for transporting the person to a physician or hospital 
for medical treatment if it is apparent that treatment is 
necessary, or if the injured person requests the transportation.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 550.024. DUTY ON STRIKING UNATTENDED VEHICLE.  (a) The 
operator of a vehicle that collides with and damages an unattended 
vehicle shall immediately stop and:
		(1)  locate the operator or owner of the unattended 
vehicle and give that person the name and address of the operator 
and the owner of the vehicle that struck the unattended vehicle;  or
		(2)  leave in a conspicuous place in, or securely 
attach in a plainly visible way to, the unattended vehicle a written 
notice giving the name and address of the operator and the owner of 
the vehicle that struck the unattended vehicle and a statement of 
the circumstances of the collision.
	(b)  A person commits an offense if the person violates 
Subsection (a).  An offense under this section is:
		(1)  a Class C misdemeanor, if the damage to all 
vehicles involved is less than $200;  or
		(2)  a Class B misdemeanor, if the damage to all 
vehicles involved is $200 or more.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 550.025. DUTY ON STRIKING FIXTURE OR HIGHWAY 
LANDSCAPING.  (a) The operator of a vehicle involved in an accident 
resulting only in damage to 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 accident and of the 
operator's name and address and the registration number of the 
vehicle the operator was driving;
		(2)  if requested and available, show the operator's 
driver's license to the owner or person in charge of the property;  
and
		(3)  report the accident if required by Section 
550.061.                    
	(b)  A person commits an offense if the person violates 
Subsection (a).  An offense under this section is:
		(1)  a Class C misdemeanor, if the damage to all 
fixtures and landscaping is less than $200;  or
		(2)  a Class B misdemeanor, if the damage to all 
fixtures and landscaping is $200 or more.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 550.026. IMMEDIATE REPORT OF ACCIDENT.  (a) The 
operator of a vehicle involved in an accident resulting in injury to 
or death of a person or damage to a vehicle to the extent that it 
cannot be normally and safely driven shall immediately by the 
quickest means of communication give notice of the accident to the:
		(1)  local police department if the accident occurred 
in a municipality;    
		(2)  local police department or the sheriff's office if 
the accident occurred not more than 100 feet outside the limits of a 
municipality;  or
		(3)  sheriff's office or the nearest office of the 
department if the accident is not required to be reported under 
Subdivision (1) or (2).
	(b)  If a section of road is within 100 feet of the limits of 
more than one municipality, the municipalities may agree regarding 
the maintenance of reports made under Subsection (a)(2).  A county 
may agree with municipalities in the county regarding the 
maintenance of reports made under Subsection (a)(2).  An agreement 
under this subsection does not affect the duty to report an accident 
under Subsection (a).

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

SUBCHAPTER C. INVESTIGATION OF ACCIDENT


	§ 550.041. INVESTIGATION BY PEACE OFFICER.  (a) A peace 
officer who is notified of a motor vehicle accident resulting in 
injury to or death of a person or property damage to an apparent 
extent of at least $1,000 may investigate the accident and file 
justifiable charges relating to the accident without regard to 
whether the accident occurred on property to which this chapter 
applies.
	(b)  This section does not apply to:                                           
		(1)  a privately owned residential parking area;  or                          
		(2)  a privately owned parking lot where a fee is 
charged for parking or storing a vehicle.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 531, § 1, eff. Sept. 1, 2001.

SUBCHAPTER D. WRITTEN ACCIDENT REPORT


	§ 550.061. OPERATOR'S ACCIDENT REPORT.  (a) The operator 
of a vehicle involved in an accident shall make a written report of 
the accident if the accident is not investigated by a law 
enforcement officer and the accident resulted in injury to or the 
death of a person or damage to the property of any one person to an 
apparent extent of $1,000 or more.
	(b)  The report required by Subsection (a) must be filed with 
the department not later than the 10th day after the date of the 
accident.
	(c)  A person commits an offense if the person does not file 
the report with the department as required by this section.
	(d)  Venue for the prosecution of an offense under this 
section is in the county in which the accident occurred.
	(e)  The department may require:                                               
		(1)  the operator of a vehicle involved in an accident 
in which a report is required by this section to file a supplemental 
report if the department considers the original report 
insufficient;  and
		(2)  a witness of an accident to make a report with the 
department.         

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 531, § 2, eff. Sept. 1, 2001.


	§ 550.062. OFFICER'S ACCIDENT REPORT.  (a) A law 
enforcement officer who in the regular course of duty investigates 
a motor vehicle accident shall make a written report of the accident 
if the accident resulted in injury to or the death of a person or 
damage to the property of any one person to the apparent extent of 
$1,000 or more.
	(b)  The report required by Subsection (a) must be filed with 
the department not later than the 10th day after the date of the 
accident.
	(c)  This section applies without regard to whether the 
officer investigates the accident at the location of the accident 
and immediately after the accident or afterwards by interviewing 
those involved in the accident or witnesses to the accident.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2001, 77th Leg., ch. 531, § 3, eff. Sept. 1, 2001.


	§ 550.063. REPORT ON APPROPRIATE FORM.  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.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 550.064. ACCIDENT REPORT FORMS.  (a) The department 
shall prepare and when requested supply to police departments, 
coroners, sheriffs, garages, and other suitable agencies or 
individuals the accident report forms appropriate for the persons 
required to make a report and appropriate for the purposes to be 
served by those reports.
	(b)  An accident report form prepared by the department must:                  
		(1)  require sufficiently detailed information to 
disclose the cause and conditions of and the persons and vehicles 
involved in an accident if the form is for the report to be made by a 
person involved in or investigating the accident;
		(2)  include a way to designate and identify a peace 
officer, firefighter, or emergency medical services employee who 
during an emergency is involved in an accident while driving a law 
enforcement vehicle, fire department vehicle, or emergency medical 
services vehicle while performing the person's duties;
		(3)  require a statement by a person described by 
Subdivision (2) as to the nature of the emergency;  and
		(4)  include a way to designate whether an individual 
involved in an accident wants to be contacted by a person seeking to 
obtain employment as a professional described by Section 38.01(12), 
Penal Code.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 750, § 3, eff. Sept. 1, 1997.


	§ 550.065. RELEASE OF CERTAIN INFORMATION RELATING TO 
ACCIDENTS.  (a) This section applies only to information that is 
held by the department or another governmental entity and relates 
to a motor vehicle accident reported under this chapter or Section 
601.004
	(b)  Except as provided by Subsection (c), 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 
accident prevention purposes. 
	(c)  On written request and payment of any required fee, the 
department or the governmental entity shall release the information 
to:
		(1)  an entity described by Subsection (b);                                   
		(2)  the law enforcement agency that employs the peace 
officer who investigated the accident and sent the information to 
the department;
		(3)  the court in which a case involving a person 
involved in the accident is pending if the report is subpoenaed;  or
		(4)  a person who provides the department or 
governmental entity with two or more of the following:
			(A)  the date of the accident;                                               
			(B)  the specific address or the highway or street 
where the accident occurred;  or
			(C)  the name of any person involved in the 
accident.                      
	(d)  The fee for a copy of the report or accident information 
is $6 or the actual cost of the preparation of the copy, whichever 
is less. 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.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 165, § 30.125(a), eff. Sept. 1, 
1997;  Acts 1997, 75th Leg., ch. 1187, § 13, eff. Sept. 1, 1997;  
Acts 2001, 77th Leg., ch. 1032, § 5, eff. Sept. 1, 2001.


	§ 550.066. ADMISSIBILITY OF CERTAIN ACCIDENT REPORT 
INFORMATION.  An individual's response to the information 
requested on an accident report form as provided by Section 
550.064(b)(4) is not admissible evidence in a civil trial.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 550.067. MUNICIPAL AUTHORITY TO REQUIRE ACCIDENT 
REPORTS.  (a) A municipality by ordinance may require the operator 
of a vehicle involved in an accident to file with a designated 
municipal department:
		(1)  a report of the accident, if the accident results 
in injury to or the death of a person or the apparent total property 
damage is $25 or more;  or
		(2)  a copy of a report required by this chapter to be 
filed with the department.
	(b)  A report filed under Subsection (a) is for the 
confidential use of the municipal department and subject to the 
provisions of Section 550.065.
	(c)  A municipality by ordinance may require the person in 
charge of a garage or repair shop where a motor vehicle is brought 
if the vehicle shows evidence of having been involved in an accident 
requiring a report to be filed under Section 550.061 or 550.062 or 
shows evidence of having been struck by a bullet to report to a 
department of the municipality within 24 hours after the garage or 
repair shop receives the motor vehicle, giving the engine number, 
registration number, and the name and address of the owner or 
operator of the vehicle.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    


	§ 550.068. CHANGING ACCIDENT REPORT.  (a) Except as 
provided by Subsection (b), a change in or a modification of a 
written report of a motor vehicle accident prepared by a peace 
officer or the operator of a vehicle involved in an accident that 
alters a material fact in the report may be made only by the peace 
officer or person who prepared the report.
	(b)  A change in or a modification of the written report of 
the accident may be made by a person other than the peace officer or 
the operator of the vehicle 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.

Added by Acts 1997, 75th Leg., ch. 214, § 1, eff. Sept. 1, 1997.           

SUBCHAPTER E. OTHER REPORTS


	§ 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 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.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.