By Goolsby                                              H.B. No. 24
       74R627 MWV-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the inspection and insurance of the windshields of
    1-3  certain vehicles.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 140(a) and (h), Uniform Act Regulating
    1-6  Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes),
    1-7  are amended to read as follows:
    1-8        (a)  Every motor vehicle, trailer, semitrailer, pole trailer,
    1-9  or mobile home, registered in this state and operated on the
   1-10  highways of this state, shall have the tires, brake system
   1-11  (including power brake unit), lighting equipment, horns and warning
   1-12  devices, mirrors, windshield and windshield wipers if a windshield
   1-13  was a part of the manufacturer's original equipment on the vehicle,
   1-14  front seat belts in vehicles where seat belt anchorages were part
   1-15  of the manufacturer's original equipment on the vehicle, steering
   1-16  system (including power steering), wheel assembly, safety guards or
   1-17  flaps if required by Section 139A of this Act, tax decal if
   1-18  required by Section 141(d) of this Act, sunscreening devices unless
   1-19  the vehicle is exempt from sunscreen device restrictions under
   1-20  Section 134C(k) or (l) of this Act, exhaust system, and exhaust
   1-21  emission system inspected at state-appointed inspection stations or
   1-22  by State Inspectors as hereinafter provided.  Provisions relating
   1-23  to the inspection of trailers, semitrailers, pole trailers, or
   1-24  mobile homes apply only when the actual gross weight or the
    2-1  registered gross weight of such vehicles is greater than four
    2-2  thousand five hundred (4,500) pounds.  Only the mechanism and
    2-3  equipment designated in this section may be inspected, and the
    2-4  owner shall not be required to have any other equipment or part of
    2-5  his motor vehicle inspected as a prerequisite for the issuance of
    2-6  an inspection certificate.  At the time of inspection the owner or
    2-7  operator shall furnish evidence of financial responsibility.  The
    2-8  evidence of financial responsibility may be shown in the manner
    2-9  specified under Section 1B(a), Texas Motor Vehicle
   2-10  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   2-11  Statutes).   A personal automobile insurance policy used as
   2-12  evidence of financial responsibility under this subsection must be
   2-13  written for a term of 30 days or more as required by Article 5.06,
   2-14  Insurance Code.  An inspection certificate may not be issued for a
   2-15  vehicle for which the owner or operator fails to furnish the
   2-16  required evidence of financial responsibility.  An inspection
   2-17  facility or station is not liable to any person, including a third
   2-18  party, for issuing an inspection certificate in reliance on
   2-19  evidence of financial responsibility submitted to the facility or
   2-20  station.  If the inspection facility or station is the seller of a
   2-21  motor vehicle, the inspection facility or station may rely on an
   2-22  oral insurance binder.
   2-23        (h)(1)  The provisions of this section <Act> shall not apply
   2-24  to the vehicles referred to in Subsection (a) of this Section when
   2-25  moving under or bearing current "Factory-Delivery License Plates"
   2-26  or current "In-transit License Plates."   Nor shall the provisions
   2-27  of this section <Act> apply to farm machinery, road-building
    3-1  equipment, farm trailers, paper dealer in-transit tag, machinery
    3-2  license, disaster license, parade license, prorate tabs, one-trip
    3-3  permits, antique license, temporary 24-hour permits, permit
    3-4  license, and all other vehicles required to have a
    3-5  slow-moving-vehicle emblem under Section 139B <139(b)> of this Act.
    3-6              (2)  The provisions of this section relating to the
    3-7  inspection of windshields do not apply to a classic motor vehicle
    3-8  registered under Section 5n, Chapter 88, General Laws, Acts of the
    3-9  41st Legislature, 2nd Called Session, 1929 (Article 6675a-5n,
   3-10  Vernon's Texas Civil Statutes), or a vehicle registered as a farm
   3-11  vehicle under Section 6a, Chapter 88, General Laws, Acts of the
   3-12  41st Legislature, 2nd Called Session, 1929 (Article 6675a-6a,
   3-13  Vernon's Texas Civil Statutes).
   3-14        SECTION 2.  Section 142, Uniform Act Regulating Traffic on
   3-15  Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
   3-16  by adding Subsection (i) to read as follows:
   3-17        (i)  Except as provided by this subsection, the rules of the
   3-18  commission for motor vehicle windshield condition may not exceed
   3-19  the standards established for commercial motor vehicle windshield
   3-20  condition under the Federal Motor Carrier Safety Regulations, 49
   3-21  C.F.R. Part 393.  A crack in a windshield that is not intersected
   3-22  by another crack may not be more than eight inches long.
   3-23        SECTION 3.  Subchapter A, Chapter 5, Insurance Code, is
   3-24  amended by adding Article 5.06-7 to read as follows:
   3-25        Art. 5.06-7.  NO DEDUCTIBLE FOR WINDSHIELD DAMAGE.  An
   3-26  insurer may not write a policy of motor vehicle insurance requiring
   3-27  the insured to bear any cost of repair of the windshield of a motor
    4-1  vehicle.
    4-2        SECTION 4.  This Act takes effect September 1, 1995, and
    4-3  applies only to an insurance policy that is delivered, issued for
    4-4  delivery, or renewed on or after January 1, 1996, or to an
    4-5  inspection performed on or after January 1, 1996.  A policy
    4-6  delivered, issued for delivery, or renewed before January 1, 1996,
    4-7  or an inspection performed before January 1, 1996, is governed by
    4-8  the law as it existed immediately before the effective date of this
    4-9  Act, and that law is continued in effect for that purpose.
   4-10        SECTION 5.  The importance of this legislation and the
   4-11  crowded condition of the calendars in both houses create an
   4-12  emergency and an imperative public necessity that the
   4-13  constitutional rule requiring bills to be read on three several
   4-14  days in each house be suspended, and this rule is hereby suspended.