BWH C.S.H.B. 1585 75(R)BILL ANALYSIS COUNTY AFFAIRS C.S.H.B. 1585 By: Hirschi 4-10-97 Committee Report (Substituted) BACKGROUND Currently, under the provisions of the Local Government Code, municipalities and counties with a population of 1.4 million or more must provide motor vehicle liability insurance for peace officers who operate city or county vehicles. However, this coverage does not necessarily include the operation of a city or county vehicle while off-duty, even though the employee is authorized to operate the vehicle off duty. In addition, there is no requirement that other political subdivisions insure their peace officers against liability to third persons arising out of the officer's operation of a government owned vehicle. PURPOSE The purpose of this bill to uniformly require that political subdivisions who employ law enforcement officers, insure those officer's against liability to third persons arising out of the officer's operation of a motor vehicle at any time that the officer is authorized to operate the vehicle. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Adds Section 612.004 to the Government Code to provide the following: 1) Subsection (a) defines a "law enforcement officer" for the purposes of this section; 2) Subsection (b) requires a governing body of a political subdivision shall provide for insuring each law enforcement officer appointed or employed by the political subdivision against liability to third persons arising out of the officers operation of a motor vehicle owned, leased, or otherwise controlled by the subdivision at any time that the officer is authorized to operate the vehicle, including times that the officer is authorized to operate the vehicle while off-duty; 3) Subsection (c) requires the insurance policy to comply with Subchapter D, Chapter 601, Transportation Code; 4) Subsection (d) allows a political subdivision to satisfy this requirement by being selfinsured, participating in a risk retention group or risk management pool, or providing for coverage by an insurance company; 5) Subsection (e) provides that the policy may exclude coverage for operation of a motor vehicle in the commission of a criminal offense other than a traffic offense. SECTION 2. Effective Date. September 1, 1997. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The C.S.H.B. 1585 makes the following changes to SECTION 1 of the original: 1) Adds a new Subsection (a) to define "law enforcement officer"; 2) New Subsection (b) was the old Subsection (a); 3) Old Subsection (b) is now Subsection (c) which removes the minimum coverage requirement comply with Section 101.023, Civil Practice and Remedies Code; 4) New Subsection (d) is added to allow a political subdivision to satisfy this requirement by being self-insured, participating in a risk retention group or risk management pool, or providing for coverage by an insurance company; and 5) Old Subsection (c) is now Subsection (e).