By:  Brimer                                            H.B. No. 292
       73R1654 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to proof of financial responsibility for operation of a
    1-3  motor vehicle.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 1B(a), Texas Motor Vehicle
    1-6  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
    1-7  Statutes), is amended to read as follows:
    1-8        (a)  As a condition of operating a motor vehicle in this
    1-9  state, the operator of the motor vehicle shall furnish, on request
   1-10  of a peace officer or a person involved in an accident with the
   1-11  operator:
   1-12              (1)  a liability insurance policy in at least the
   1-13  minimum amounts required by this Act, or a photocopy of that
   1-14  policy, that covers the vehicle and that includes the name,
   1-15  address, and telephone number of the agent through whom the policy
   1-16  is written;
   1-17              (2)  a standard proof of liability insurance form
   1-18  promulgated by the Texas Department of Insurance and issued by a
   1-19  liability insurer that:
   1-20                    (A)  includes the name of the insurer;
   1-21                    (B)  includes the insurance policy number;
   1-22                    (C)  includes the policy period;
   1-23                    (D)  includes the name and address of each
   1-24  insured;
    2-1                    (E)  includes the policy limits or a statement
    2-2  that the coverage of the policy complies with at least the minimum
    2-3  amounts of liability insurance required by this Act; <and>
    2-4                    (F)  includes the make and model of each covered
    2-5  vehicle; and
    2-6                    (G)  includes the name, address, and telephone
    2-7  number of the agent through whom the policy is written;
    2-8              (3)  an insurance binder that confirms that the
    2-9  operator is in compliance with this Act and that includes the name,
   2-10  address, and telephone number of the agent that bound the coverage;
   2-11              (4)  a certificate or copy of a certificate issued by
   2-12  the department that shows the vehicle is covered by self-insurance;
   2-13              (5)  a certificate issued by the state treasurer that
   2-14  shows that the owner of the vehicle has on deposit with the
   2-15  treasurer money or securities in at least the amount required by
   2-16  Section 25 of this Act;
   2-17              (6)  a certificate issued by the department that shows
   2-18  that the vehicle is a vehicle for which a bond is on file with the
   2-19  department as provided by Section 24 of this Act; or
   2-20              (7)  a copy of a certificate issued by the county judge
   2-21  of a county in which the vehicle is registered that shows that the
   2-22  owner of the vehicle has on deposit with the county judge cash or a
   2-23  cashier's check in at least the amount required by Section 1A(b)(6)
   2-24  of this Act.
   2-25        SECTION 2.  Section 1F, Texas Motor Vehicle
   2-26  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   2-27  Statutes), is amended by amending Subsection (f) and adding
    3-1  Subsection (f-1) to read as follows:
    3-2        (f)  The following evidence of financial responsibility or a
    3-3  photocopy of the evidence satisfies the requirement of Subsection
    3-4  (e) of this section:
    3-5              (1)  a liability insurance policy in at least the
    3-6  minimum amounts required by this Act to provide proof of financial
    3-7  responsibility that covers <covering> at least the period required
    3-8  by Subsection (e) of this section and that includes the name,
    3-9  address, and telephone number of the agent through whom the policy
   3-10  is written;
   3-11              (2)  a standard proof of liability insurance form
   3-12  promulgated by the Texas Department of Insurance and issued by a
   3-13  liability insurer that includes:
   3-14                    (A)  the name of the insurer;
   3-15                    (B)  the insurance policy number;
   3-16                    (C)  the policy period, which must equal or
   3-17  exceed the period required by Subsection (e) of this section;
   3-18                    (D)  the name and address of each insured; <and>
   3-19                    (E)  the policy limits or a statement that the
   3-20  coverage of the policy complies with at least the minimum amounts
   3-21  of liability insurance required by this Act; and
   3-22                    (F)  the name, address, and telephone number of
   3-23  the agent through whom the policy is written;
   3-24              (3)  an insurance binder that confirms to the
   3-25  satisfaction of the court that the defendant is in compliance with
   3-26  this Act for at least the period required by Subsection (e) of this
   3-27  section and that includes the name, address, and telephone number
    4-1  of the agent that bound the coverage;
    4-2              (4)  a copy of a certificate issued by the Department
    4-3  of Public Safety that shows that the vehicle to be registered is
    4-4  covered by self-insurance;
    4-5              (5)  a certificate issued by the state treasurer that
    4-6  shows that the owner of the vehicle has on deposit with the
    4-7  treasurer money or securities in at least the amount required by
    4-8  Section 25 of this Act;
    4-9              (6)  a certificate issued by the Department that shows
   4-10  that the vehicle is a vehicle for which a bond is on file with the
   4-11  Department as provided by Section 24 of this Act; or
   4-12              (7)  a copy of a certificate issued by the county judge
   4-13  of a county in which the vehicle is registered that shows that the
   4-14  owner of the vehicle has on deposit with the county judge cash or a
   4-15  cashier's check in at least the amount required by Section 1A(b)(6)
   4-16  of this Act.
   4-17        (f-1)  If the defendant submits evidence of financial
   4-18  responsibility described by Subsection (f)(1), (2), or (3) of this
   4-19  section, the court may not order the release of the impounded motor
   4-20  vehicle unless the agent shown on the policy, proof of liability
   4-21  insurance form, or insurance binder or a designated employee of the
   4-22  agent confirms that the policy or binder is in effect.
   4-23  Confirmation may be made by telephone or by a written facsimile
   4-24  transmission.
   4-25        SECTION 3.  Section 2a, Chapter 88, General Laws, Acts of the
   4-26  41st Legislature, 2nd Called Session, 1929 (Article 6675a-2a,
   4-27  Vernon's Texas Civil Statutes), is amended by amending Subsection
    5-1  (d) and adding Subsection (d-1) to read as follows:
    5-2        (d)  The following evidence of financial responsibility or a
    5-3  photocopy of the evidence satisfies the requirement of this
    5-4  section:
    5-5              (1)  a liability insurance policy in at least the
    5-6  minimum  amounts required by the Texas Motor Vehicle
    5-7  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
    5-8  Statutes) that covers at least the period required by Subsection
    5-9  (a) of this section and that includes the name, address, and
   5-10  telephone number of the agent through whom the policy is written;
   5-11              (2)  a <or> liability self-insurance or pool coverage
   5-12  document issued by a political subdivision or governmental pool
   5-13  pursuant to the authority contained in Chapter 791, Government Code
   5-14  <The Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas
   5-15  Civil Statutes)>, Chapter 119, Local Government Code, or other
   5-16  applicable law in at least the minimum amounts required by the
   5-17  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
   5-18  Vernon's Texas Civil Statutes) to provide proof of financial
   5-19  responsibility covering at least the period required by Subsection
   5-20  (a) of this section;
   5-21              (3) <(2)>  a standard proof of liability form
   5-22  promulgated by the Texas Department of Insurance and issued by a
   5-23  liability insurer that includes:
   5-24                    (A)  the name of the insurer;
   5-25                    (B)  the insurance policy or other coverage
   5-26  document number;
   5-27                    (C)  the policy or other coverage document
    6-1  coverage period;
    6-2                    (D)  the name and address of each insured or
    6-3  covered person;
    6-4                    (E)  the policy or other coverage document limits
    6-5  or a statement that the coverage of the policy complies with at
    6-6  least the minimum amounts of liability insurance required by the
    6-7  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
    6-8  Vernon's Texas Civil Statutes); <and>
    6-9                    (F)  the make and model of each covered vehicle;
   6-10  and
   6-11                    (G)  the name, address, and telephone number of
   6-12  the agent through whom the policy is written;
   6-13              (4) <(3)>  an insurance binder that confirms to the
   6-14  satisfaction of the county tax collector that the owner of the
   6-15  motor vehicle to be registered is in compliance with the Texas
   6-16  Motor Vehicle Safety-Responsibility Act (Article 6701h, Vernon's
   6-17  Texas Civil Statutes) for at least the period required by
   6-18  Subsection (a) of this section and that includes the name, address,
   6-19  and telephone number of the agent that bound the coverage;
   6-20              (5) <(4)>  a copy of a certificate issued by the
   6-21  Department of Public Safety that shows that the vehicle to be
   6-22  registered is covered by self-insurance;
   6-23              (6) <(5)>  a certificate issued by the state treasurer
   6-24  that shows that the owner of the vehicle has on deposit with the
   6-25  treasurer money or securities in at least the amount required by
   6-26  Section 25 of the Texas Motor Vehicle Safety-Responsibility Act
   6-27  (Article 6701h, Vernon's Texas Civil Statutes);
    7-1              (7) <(6)>  a certificate issued by the Department of
    7-2  Public Safety that shows that the vehicle is a vehicle for which a
    7-3  bond is on file with the Department as provided by Section 24 of
    7-4  the Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
    7-5  Vernon's Texas Civil Statutes); or
    7-6              (8) <(7)>  a copy of a certificate issued by the county
    7-7  judge of a county in which the vehicle is registered that shows
    7-8  that the owner of the vehicle has on deposit with the county judge
    7-9  cash or a cashier's check in at least the amount required by
   7-10  Section 1A(b)(6) of the Texas Motor Vehicle Safety-Responsibility
   7-11  Act (Article 6701h, Vernon's Texas Civil Statutes).
   7-12        (d-1)  If the owner of a motor vehicle submits evidence of
   7-13  financial responsibility described by Subsection (d)(1), (3), or
   7-14  (4) of this section, the county tax collector may not register the
   7-15  motor vehicle unless the agent shown on the policy, proof of
   7-16  liability insurance form, or insurance binder or a designated
   7-17  employee of the agent confirms that the policy or binder is in
   7-18  effect.  Confirmation may be made by telephone or by a written
   7-19  facsimile transmission.
   7-20        SECTION 4.  Section 140(a), Uniform Act Regulating Traffic on
   7-21  Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
   7-22  to read as follows:
   7-23        (a)  Every motor vehicle, trailer, semitrailer, pole trailer,
   7-24  or mobile home, registered in this state and operated on the
   7-25  highways of this state, shall have the tires, brake system
   7-26  (including power brake unit), lighting equipment, horns and warning
   7-27  devices, mirrors, windshield wipers, front seat belts in vehicles
    8-1  where seat belt anchorages were part of the manufacturer's original
    8-2  equipment on the vehicle, steering system (including power
    8-3  steering), wheel assembly, safety guards or flaps if required by
    8-4  Section 139A of this Act, tax decal if required by Section 141(d)
    8-5  of this Act, sunscreening devices unless the vehicle is exempt from
    8-6  sunscreen device restrictions under Section 134C(k) or (l) of this
    8-7  Act, exhaust system, and exhaust emission system inspected at
    8-8  state-appointed inspection stations or by State Inspectors as
    8-9  hereinafter provided.  Provisions relating to the inspection of
   8-10  trailers, semitrailers, pole trailers, or mobile homes shall not
   8-11  apply when the registered or gross weight of such vehicles and the
   8-12  load carried thereon is four thousand five hundred (4,500) pounds
   8-13  or less.  Only the mechanism and equipment designated in this
   8-14  section may be inspected, and the owner shall not be required to
   8-15  have any other equipment or part of his motor vehicle inspected as
   8-16  a prerequisite for the issuance of an inspection certificate.  At
   8-17  the time of inspection the owner or operator shall furnish evidence
   8-18  of financial responsibility.  The evidence of financial
   8-19  responsibility may be shown in the manner specified under Section
   8-20  1B(a) <1B(b)>, Texas Motor Vehicle Safety-Responsibility Act
   8-21  (Article 6701h, Vernon's Texas Civil Statutes).  An inspection
   8-22  certificate may not be issued for a vehicle for which the owner or
   8-23  operator fails to furnish the required evidence of financial
   8-24  responsibility.  If the owner or operator of the motor vehicle
   8-25  submits the evidence of financial responsibility described by
   8-26  Section 1B(a)(1), (2), or (3), Texas Motor Vehicle
   8-27  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
    9-1  Statutes), an inspection certificate may not be issued unless the
    9-2  agent shown on the policy, proof of liability insurance form, or
    9-3  insurance binder or a designated employee of the agent confirms
    9-4  that the policy or binder is in effect.  Confirmation may be made
    9-5  by telephone or by a written facsimile transmission.  An inspection
    9-6  facility or station is not liable to any person, including a third
    9-7  party, for issuing an inspection certificate in reliance on
    9-8  evidence of financial responsibility submitted to the facility or
    9-9  station.  If the inspection facility or station is the seller of a
   9-10  motor vehicle, the inspection facility or station may rely on an
   9-11  oral insurance binder.
   9-12        SECTION 5.  Section 6(c), Chapter 173, Acts of the 47th
   9-13  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   9-14  Civil Statutes), is amended to read as follows:
   9-15        (c)  An application for an original or renewal driver's
   9-16  license must be accompanied by evidence of financial responsibility
   9-17  or a statement that the applicant does not own a motor vehicle for
   9-18  which maintenance of financial responsibility is required under the
   9-19  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
   9-20  Vernon's Texas Civil Statutes).  Evidence of financial
   9-21  responsibility presented under this subsection must be in at least
   9-22  the minimum amounts required by Subdivision 10, Section 1, Texas
   9-23  Motor Vehicle Safety-Responsibility Act (Article 6701h, Vernon's
   9-24  Texas Civil Statutes), must cover each motor vehicle that the
   9-25  applicant owns and for which the applicant is required to maintain
   9-26  financial responsibility, and may be shown in the manner specified
   9-27  under Section 1B(a) <1B(b)> of that Act.  If the applicant submits
   10-1  the evidence of financial responsibility described by Section
   10-2  1B(a)(1), (2), or (3), Texas Motor Vehicle Safety-Responsibility
   10-3  Act (Article 6701h, Vernon's Texas Civil Statutes), a driver's
   10-4  license may not be issued or renewed unless the agent shown on the
   10-5  policy, proof of liability insurance form, or insurance binder or a
   10-6  designated employee of the agent confirms that the policy or binder
   10-7  is in effect.  The confirmation may be made by telephone or by a
   10-8  written facsimile transmission.  A statement that the applicant
   10-9  does not own an applicable motor vehicle must be sworn to and
  10-10  signed by the applicant.
  10-11        SECTION 6.  Subchapter A, Chapter 21, Insurance Code, is
  10-12  amended by adding Article 21.15-7 to read as follows:
  10-13        Art. 21.15-7.  SPECIAL COMMISSION ON MOTOR VEHICLE INSURANCE.
  10-14  (a)  In this article:
  10-15              (1)  "Agent" means any person who is authorized to
  10-16  write or bind motor vehicle insurance coverage under this
  10-17  subchapter.
  10-18              (2)  "Insurer" means any insurance company,
  10-19  interinsurance exchange, mutual, reciprocal, association, Lloyd's
  10-20  plan, or other insurer writing motor vehicle insurance in this
  10-21  state.
  10-22        (b)  An insurer shall pay an agent a special commission of
  10-23  one percent of the premium paid on motor vehicle liability
  10-24  insurance written, bound, or renewed through the agent.
  10-25        (c)  The special commission required by this article is in
  10-26  addition to any other commission paid to the agent and intended to
  10-27  compensate the agent for the agent's responsibilities under Chapter
   11-1  88, General Laws, Acts of the 41st Legislature, 2nd Called Session,
   11-2  1929 (Article 6675a-1, Vernon's Texas Civil Statutes), Chapter 173,
   11-3  Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b,
   11-4  Vernon's Texas Civil Statutes), the Uniform Act Regulating Traffic
   11-5  on Highways (Article 6701d, Vernon's Texas Civil Statutes), and the
   11-6  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
   11-7  Vernon's Texas Civil Statutes).
   11-8        (d)  The board may adopt rules to implement this article.
   11-9        SECTION 7.  (a)  This Act takes effect September 1, 1993.
  11-10        (b)  The changes made by Sections 1, 2, 3, 4, and 5 of this
  11-11  Act apply only to evidence of financial responsibility that relates
  11-12  to insurance coverage that is delivered, issued for delivery, or
  11-13  renewed on or after January 1, 1994.
  11-14        (c)  Section 6 of this Act requires the payment of a special
  11-15  commission only for the writing, binding, or renewal of insurance
  11-16  coverage that is delivered, issued for delivery, or renewed on or
  11-17  after January 1, 1994.
  11-18        SECTION 8.  The importance of this legislation and the
  11-19  crowded condition of the calendars in both houses create an
  11-20  emergency   and   an   imperative   public   necessity   that   the
  11-21  constitutional rule requiring bills to be read on three several
  11-22  days in each house be suspended, and this rule is hereby suspended.