SRC-JRN S.B. 981 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 981
By: Gallegos
Intergovernmental Relations
5-2-97
As Filed


DIGEST 

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.  This coverage may not include the operation of a
city or county vehicle while off-duty, even though the employee is
authorized to operate the vehicle off-duty; 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.  This bill requires political subdivisions that
employ law enforcement officers to insure each officer against liability
to third persons arising out of an officer's operation of a motor vehicle
at any time that the officer is authorized to operate the vehicle. 

PURPOSE

As proposed, S.B. 981 requires political subdivisions that employ law
enforcement officers to insure each officer against liability to third
persons arising out of an officer's operation of a motor vehicle at any
time that the officer is authorized to operate the vehicle. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 612, Government Code, by adding Section 612.004,
as follows: 

Sec. 612.004. LIABILITY INSURANCE FOR LAW ENFORCEMENT MOTOR VEHICLES OF
POLITICAL SUBDIVISION.  Requires the governing body of a political
subdivision to insure each law enforcement officer appointed or employed
by the political subdivision against certain liabilities that occur while
the officer is operating a vehicle controlled by the political
subdivision, both on- and off-duty.  Requires the motor vehicle liability
insurance policy to comply with Chapter 601D, Transportation Code, except
that the minimum coverage amounts are the maximum amounts of liability for
the political subdivision specified by Section 101.023, Civil Practice and
Remedies Code.  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.