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.