By Hirschi                                            H.B. No. 1585

         75R11391 GJH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to liability insurance for motor vehicles operated by law

 1-3     enforcement officers of a political subdivision.

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

 1-5           SECTION 1.  Chapter 612, Government Code, is amended by

 1-6     adding Section 612.004 to read as follows:

 1-7           Sec. 612.004.  LIABILITY INSURANCE FOR LAW ENFORCEMENT MOTOR

 1-8     VEHICLES OF POLITICAL SUBDIVISION.  (a)  In this section, "law

 1-9     enforcement officer" means a peace officer as defined by Article

1-10     2.12, Code of Criminal Procedure, or other law.

1-11            (b)  The governing body of a political subdivision shall

1-12     provide for insuring each law enforcement officer appointed or

1-13     employed by the political subdivision against liability to third

1-14     persons arising out of the officer's operation of a motor vehicle

1-15     owned, leased, or otherwise controlled by the political subdivision

1-16     at any time that the officer is authorized to operate the vehicle,

1-17     including times that the officer is authorized to operate the

1-18     vehicle while off duty.

1-19           (c)  The motor vehicle liability coverage must be in amounts

1-20     not less than those required by Subchapter D, Chapter 601,

1-21     Transportation Code, to establish financial responsibility.

1-22           (d)  A political subdivision may satisfy this section by:

1-23                 (1)  electing to be self-insured under Chapter 1084,

1-24     Acts of the 70th Legislature, Regular Session, 1987 (Article 715c,

 2-1     Vernon's Texas Civil Statutes);

 2-2                 (2)  entering into a risk retention group, risk

 2-3     management pool, or interlocal contract with other political

 2-4     subdivisions under Chapter 1084, Acts of the 70th Legislature,

 2-5     Regular Session, 1987 (Article 715c, Vernon's  Texas Civil

 2-6     Statutes), Chapter 119, Local Government Code, or Chapter 791; or

 2-7                 (3)  providing for coverage by an insurance company

 2-8     authorized to write motor vehicle liability insurance coverage.

 2-9           (e)  The policy may exclude coverage for operation of a motor

2-10     vehicle in the commission of a criminal offense other than a

2-11     traffic offense.

2-12           SECTION 2.  This Act takes effect September 1, 1997.

2-13           SECTION 3.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended.