By Shields H.B. No. 669
75R2360 SAW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain activities involving false proof of motor
1-3 vehicle liability insurance coverage; providing criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 37.08, Penal Code, is amended by amending
1-6 Subsection (b) and adding Subsections (c) and (d) to read as
1-7 follows:
1-8 (b) An offense under Subsection (a) [this section] is a
1-9 Class B misdemeanor.
1-10 (c) A person commits an offense if the person provides to a
1-11 peace officer under Section 601.053, Transportation Code, proof of
1-12 motor vehicle liability insurance coverage that the person knows is
1-13 false.
1-14 (d) An offense under Subsection (c) is a Class A
1-15 misdemeanor.
1-16 SECTION 2. Section 37.10, Penal Code, is amended by amending
1-17 Subsections (c) and (d) and adding Subsections (h), (i), and (j) to
1-18 read as follows:
1-19 (c) Except as provided in Subsection (d), an offense under
1-20 Subsection (a) [this section] is a Class A misdemeanor unless the
1-21 actor's intent is to defraud or harm another, in which event the
1-22 offense is a state jail felony.
1-23 (d) An offense under Subsection (a) [this section] is a
1-24 felony of the third degree if it is shown on the trial of the
2-1 offense that the governmental record was a license, certificate,
2-2 permit, seal, title, or similar document issued by government,
2-3 unless the actor's intent is to defraud or harm another, in which
2-4 event the offense is a felony of the second degree.
2-5 (h) A person commits an offense if the person makes, sells,
2-6 or offers to sell a standard proof of motor vehicle liability
2-7 insurance form described by Section 601.081, Transportation Code,
2-8 or a certificate of motor vehicle liability insurance described by
2-9 Section 601.083, Transportation Code, that the person knows is
2-10 false.
2-11 (i) An offense under Subsection (h) is a felony of the third
2-12 degree.
2-13 (j) Subsection (a) does not apply to a person who commits an
2-14 offense under Subsection (h).
2-15 SECTION 3. Section 601.196, Transportation Code, is amended
2-16 by amending Subsection (a) and adding Subsection (c) to read as
2-17 follows:
2-18 (a) Except as provided by Subsection (c), a [A] person
2-19 commits an offense if the person:
2-20 (1) forges an evidence of financial responsibility;
2-21 (2) signs an evidence of financial responsibility
2-22 without authority; or
2-23 (3) files or offers for filing evidence of financial
2-24 responsibility that the person knows or has reason to believe is
2-25 forged or signed without authority.
2-26 (c) This section does not apply if the evidence of financial
2-27 responsibility forged or signed without authority is a standard
3-1 proof of motor vehicle liability insurance form described by
3-2 Section 601.081 or a certificate of motor vehicle liability
3-3 insurance described by Section 601.083.
3-4 SECTION 4. This Act takes effect September 1, 1997.
3-5 SECTION 5. (a) The change in law made by this Act applies
3-6 only to an offense committed on or after the effective date of this
3-7 Act.
3-8 (b) For purposes of this section, an offense is committed
3-9 before the effective date of this Act if any element of the offense
3-10 occurs before the effective date.
3-11 (c) An offense committed before the effective date of this
3-12 Act is covered by the law in effect when the offense was committed,
3-13 and the former law is continued in effect for that purpose.
3-14 SECTION 6. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.