By Counts H.B. No. 1319
Substitute the following for H.B. No. 1319:
By Counts C.S.H.B. No. 1319
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to false evidence of financial responsibility under the
1-3 Texas Motor Vehicle Safety-Responsibility Act; imposing a criminal
1-4 penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article V, Texas Motor Vehicle
1-7 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
1-8 Statutes), is amended by adding Section 32A to read as follows:
1-9 Sec. 32A. FALSE EVIDENCE OF FINANCIAL RESPONSIBILITY. (a)
1-10 A person commits an offense if the person:
1-11 (1) presents or uses a false evidence of financial
1-12 responsibility with knowledge of its falsity and with intent that
1-13 it be taken as a genuine evidence of financial responsibility;
1-14 (2) makes, possesses, sells, or offers to sell a false
1-15 evidence of financial responsibility with knowledge of its falsity;
1-16 (3) possesses a blank evidence of financial
1-17 responsibility and is not authorized to issue that evidence of
1-18 financial responsibility; or
1-19 (4) sells or offers to sell a blank evidence of
1-20 financial responsibility.
1-21 (b) For purposes of this section, false evidence of
1-22 financial responsibility is a document that, except as provided for
1-23 non-resident drivers under Section 20, is not validly issued to the
1-24 actor by an insurance carrier duly authorized to write motor
2-1 vehicle liability insurance in this state, or by the department,
2-2 the State Treasury or a county court under Section 1A(b)(6), 19,
2-3 20, 24, 25, or 34 of this Act.
2-4 (c) Presentation or use of evidence of financial
2-5 responsibility validly issued to the actor by an insurance carrier
2-6 duly authorized to write motor vehicle liability insurance in this
2-7 state, or by the department, the State Treasury or a county court
2-8 under Section 1A(b)(6), 19, 20, 24, 25, or 34 of this Act, shall
2-9 not be subject to Subsection (a)(1), notwithstanding a subsequent
2-10 lapse in coverage, unless the actor's intent is to defraud or harm
2-11 another. This Subsection (c) shall not bar any other penalties or
2-12 prosecutions for violations of other offenses under this Act or any
2-13 other law or regulation.
2-14 (d) It is a defense to prosecution under Subsection (a)(3)
2-15 or (a)(4) that the person is acting in the ordinary course of
2-16 business of supplying blank forms of evidence of responsibility to
2-17 a person who is authorized to issue the evidence of financial
2-18 responsibility.
2-19 (e) An offense under Subsection (a)(1) is a Class A
2-20 misdemeanor, unless the actor's intent is to defraud or harm
2-21 another, in which event the offense is a state jail felony.
2-22 (f) An offense under Subsection (a)(2), (a)(3) or (a)(4) is
2-23 a felony of the third degree, unless the actor's intent is to
2-24 defraud or harm another, in which event the offense is a felony of
2-25 the second degree.
2-26 (g) A person is presumed to intend to defraud or harm
2-27 another if the person makes, presents, uses, possesses, sells or
3-1 offers to sell two or more of the same type of false evidences of
3-2 financial responsibility or blank evidences of responsibility, or
3-3 if the false evidence of financial responsibility is presented or
3-4 used to acquire or renew, or attempt to acquire or renew, a motor
3-5 vehicle registration, state inspection sticker, state driver's
3-6 license or any other permit or license issued by this State.
3-7 (h) In this section, "evidence of financial responsibility"
3-8 means:
3-9 (1) a motor vehicle liability insurance policy or a
3-10 copy of a motor vehicle liability insurance policy;
3-11 (2) a standard proof of motor vehicle liability
3-12 insurance form promulgated by the Texas Department of Insurance;
3-13 (3) a motor vehicle liability insurance binder; or
3-14 (4) a certificate or copy of a certificate issued by
3-15 the department, the State Treasury or a county court under Section
3-16 1A(b)(6), 19, 20, 24, 25, or 34 of this Act.
3-17 SECTION 2. Section 32(b), Texas Motor Vehicle
3-18 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
3-19 Statutes), is amended to read as follows:
3-20 (b) Any person who gives information required in a report or
3-21 otherwise as provided for in Section 4, knowing or having reason to
3-22 believe that such information is false, <or who shall forge or,
3-23 without authority, sign any evidence of proof of financial
3-24 responsibility, or who files or offers for filing any such evidence
3-25 of proof knowing or having reason to believe that it is forged or
3-26 signed without authority,> shall be fined not more than One
3-27 Thousand Dollars ($1,000) or imprisoned for not more than one year,
4-1 or both.
4-2 SECTION 3. The following provisions are repealed:
4-3 (1) Section 1B(d), Texas Motor Vehicle
4-4 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
4-5 Statutes); and
4-6 (2) Section 19(c), Texas Motor Vehicle
4-7 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
4-8 Statutes).
4-9 SECTION 4. (a) The change in law made by this Act applies
4-10 only to the punishment for an offense committed on or after the
4-11 effective date of this Act. For purposes of this section, an
4-12 offense is committed before the effective date of this Act if any
4-13 element of the offense occurs before the effective date.
4-14 (b) An offense committed before the effective date of this
4-15 Act is covered by the law in effect when the offense was committed,
4-16 and the former law is continued in effect for that purpose.
4-17 SECTION 5. This Act takes effect September 1, 1995.
4-18 SECTION 6. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.