ON APPELLANT'S AND STATE'S PETITIONS

FOR DISCRETIONARY REVIEW

FROM THE FOURTH COURT OF APPEALS

BEXAR COUNTY

The offense of failure to stop and render aid is defined in Tex. Transp. Code § 550.021(c). By its terms, the statute requires that the operator of a vehicle that has been involved in an accident to do at least two of the three listed acts: stay (Tex. Transp. Code § 550.021(a)(1)) and remain (Tex. Transp. Code § 550.021(a)(3)), or return (Tex. Transp. Code § 550.021(a)(2)) and remain (Tex. Transp. Code § 550.021(a)(3)). Therefore, leaving the scene is only part of the gravamen of the offense; the operator must also remain at the scene.

"Remain" requires more than merely being present at the scene; the operator must be present at the scene until the operator has complied with the mandates of Tex. Transp. Code § 550.023, including providing name, address, and insurance information, and providing assistance to injured persons. An operator could stop at or return to the scene, yet still commit an offense under § 550.021 if, while staying at the scene, the operator refused to reveal the required information or made no effort to assist any injured party or obtain medical assistance for such a person.

With these comments, I join Judge Cochran's concurring opinion and concur in the opinion of the Court.

Filed: October 1, 2008

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