By Delisi                                              H.B. No. 853

         75R3992 JD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the prosecution of an offense related to the failure to

 1-3     maintain financial responsibility for a motor vehicle.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 601.193, Transportation Code, is amended

 1-6     to read as follows:

 1-7           Sec. 601.193.  DEFENSE:  FINANCIAL RESPONSIBILITY [INSURANCE]

 1-8     IN EFFECT AT TIME OF ALLEGED OFFENSE.  [(a)]  It is a defense to

 1-9     prosecution under Section 601.191 or 601.195 [this chapter] that

1-10     the person charged produces one of the documents listed in Section

1-11     601.053(a) [in court a motor vehicle liability insurance policy or

1-12     a certificate of self-insurance previously issued to that person]

1-13     that was valid at the time that the offense is alleged to have

1-14     occurred.

1-15           [(b)  If the person charged produces the policy or

1-16     certificate described by Subsection (a), the court shall dismiss

1-17     the charge.]

1-18           SECTION 2.  The importance of this legislation and the

1-19     crowded condition of the calendars in both houses create an

1-20     emergency and an imperative public necessity that the

1-21     constitutional rule requiring bills to be read on three several

1-22     days in each house be suspended, and this rule is hereby suspended,

1-23     and that this Act take effect and be in force from and after its

1-24     passage, and it is so enacted.