1-1     By:  Delisi (Senate Sponsor - Duncan)                  H.B. No. 853

 1-2           (In the Senate - Received from the House May 8, 1997;

 1-3     May 9, 1997, read first time and referred to Committee on Economic

 1-4     Development; May 18, 1997, reported favorably by the following

 1-5     vote:  Yeas 10, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the prosecution of an offense related to the failure to

 1-9     maintain financial responsibility for a motor vehicle.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 601.193, Transportation Code, is amended

1-12     to read as follows:

1-13           Sec. 601.193.  DEFENSE:  FINANCIAL RESPONSIBILITY [INSURANCE]

1-14     IN EFFECT AT TIME OF ALLEGED OFFENSE.  [(a)]  It is a defense to

1-15     prosecution under Section 601.191 or 601.195 [this chapter] that

1-16     the person charged produces one of the documents listed in Section

1-17     601.053(a) [in court a motor vehicle liability insurance policy or

1-18     a certificate of self-insurance previously issued to that person]

1-19     that was valid at the time that the offense is alleged to have

1-20     occurred.

1-21           [(b)  If the person charged produces the policy or

1-22     certificate described by Subsection (a), the court shall dismiss

1-23     the charge.]

1-24           SECTION 2.  The importance of this legislation and the

1-25     crowded condition of the calendars in both houses create an

1-26     emergency and an imperative public necessity that the

1-27     constitutional rule requiring bills to be read on three several

1-28     days in each house be suspended, and this rule is hereby suspended,

1-29     and that this Act take effect and be in force from and after its

1-30     passage, and it is so enacted.

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