HBA-CMT C.S.H.B. 2230 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2230
By: McReynolds
Public Safety
3/29/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, there is a conflict in the Transportation Code between Chapter
550 and  the Motor Vehicle Safety Responsibility Act (MVSRA), which relate
to accident reports filed with the Department of Public Safety (DPS).
Under Chapter 550, a peace officer who is notified of a motor vehicle
accident with damages to an apparent extent of at least $500 may
investigate the accident and file justifiable charges relating to the
accident. This results in a large amount of paperwork that is submitted to
DPS which is not needed because the MVSRA restricts enforcement action to
be taken by DPS unless the damage amount is $1,000 or more.  C.S.H.B. 2230
increases the amount needed to investigate to $1,000.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2230 amends the Transportation Code to increase the minimum amount
of apparent damage resulting from a motor vehicle accident from $500 to
$1,000 needed to allow a peace officer 
to investigate and file justifiable charges relating to the accident.  The
bill increases from $500 to $1,000 the minimum amount of apparent damage
resulting from a motor vehicle accident for which the vehicle's operator is
required to report the accident to the Department of Public Safety no later
than 10 days after the accident.  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2230 modifies the original by removing the provision that 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 a
accident that alters the material fact in the report may be made by a peace
officer employed by the same law enforcement agency as the officer who
prepared the report and who holds a higher rank in the preparing officer's
chain of command.