By Finnell                                             H.B. No. 499
       74R1230 DWS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the rental of a motor vehicle to a public employee;
    1-3  providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 1, Title 20, Revised Statutes, is amended
    1-6  by adding Article 601j to read as follows:
    1-7        Art. 601j.  RENTAL OF MOTOR VEHICLE TO PUBLIC EMPLOYEE
    1-8        Sec. 1.  DEFINITIONS.  In this article:
    1-9              (1)  "Public employee" means an officer or employee of
   1-10  a public entity.
   1-11              (2)  "Public entity" means:
   1-12                    (A)  this state;
   1-13                    (B)  a local government or special district of
   1-14  this state; or
   1-15                    (C)  an institution of higher education, as
   1-16  defined by Section 61.003(8), Education Code.
   1-17        Sec. 2.  STATE REGISTRATION OF RENTAL VEHICLE.  (a)  Except
   1-18  as provided by Subsection (b) of this section, a person in the
   1-19  business of renting motor vehicles may not rent a motor vehicle to
   1-20  a public employee for compensation to be paid by a public entity
   1-21  unless the vehicle is registered in this state.
   1-22        (b)  The person may rent to the public employee a vehicle not
   1-23  registered in this state if:
   1-24              (1)  a vehicle registered in this state is not
    2-1  reasonably available; and
    2-2              (2)  the person provides the public employee or the
    2-3  public entity, not later than the 10th day after the date of the
    2-4  contract for the rental, an affidavit stating the reason the person
    2-5  was unable to rent a motor vehicle registered in this state.
    2-6        (c)  If the public entity is the state, an affidavit required
    2-7  under Subsection (b) of this section that is not provided to the
    2-8  public employee shall be submitted to the comptroller.
    2-9        Sec. 3.  PENALTY.  A person who violates Section 2 of this
   2-10  article commits an offense.  An offense under this section is a
   2-11  Class C misdemeanor.
   2-12        SECTION 2.  This Act takes effect September 1, 1995.
   2-13        SECTION 3.  The importance of this legislation and the
   2-14  crowded condition of the calendars in both houses create an
   2-15  emergency and an imperative public necessity that the
   2-16  constitutional rule requiring bills to be read on three several
   2-17  days in each house be suspended, and this rule is hereby suspended.