75R12980 E                           

         By Gutierrez, West                                    H.B. No. 3453

         Substitute the following for H.B. No. 3453:

         By Bonnen                                         C.S.H.B. No. 3453

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the method of providing evidence of financial

 1-3     responsibility for vehicle operation; providing administrative and

 1-4     criminal penalties.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 601.053(b), Transportation Code, is

 1-7     amended to read as follows:

 1-8           (b)  An operator who does not exhibit evidence of financial

 1-9     responsibility under Subsection (a) or furnish electronic evidence

1-10     of financial responsibility as provided by Subchapter N is presumed

1-11     to have operated the vehicle in violation of Section 601.051.

1-12           SECTION 2.  Chapter 601, Transportation Code, is amended by

1-13     adding Subchapter N to read as follows:

1-14       SUBCHAPTER N.  ELECTRONIC EVIDENCE OF FINANCIAL RESPONSIBILITY

1-15           Sec. 601.441.  ESTABLISHMENT OF SYSTEM.  The department by

1-16     rule shall provide a system for furnishing evidence of financial

1-17     responsibility by use of a magnetic card or similar device that

1-18     allows electronic communication with a computerized database

1-19     containing information concerning motor vehicle insurance coverage.

1-20     The system must comply with the Driver's Privacy Protection Act of

1-21     1994 (18 U.S.C. Section 2721 et seq.).

1-22           Sec. 601.442.  DESIGNATED AGENT.  (a)  The department may

1-23     contract with a person to act as the department's designated agent

1-24     under this subchapter.  The contract may be awarded under a

 2-1     competitive bid procedure as provided by department rule.  The

 2-2     contract may not obligate the department to pay more money than is

 2-3     determined by the public safety director from fees collected under

 2-4     Section 502.1715.

 2-5           (b)  The contract must require the designated agent to

 2-6     provide, at the designated agent's expense, equipment necessary to

 2-7     communicate with the computerized database established under this

 2-8     subchapter for each:

 2-9                 (1)  county tax assessor-collector's office or office

2-10     of the Texas Department of Transportation at which applications for

2-11     vehicle registration are accepted;

2-12                 (2)  motor vehicle inspection station;

2-13                 (3)  location at which applications for driver's

2-14     licenses are accepted; or

2-15                 (4)  other fixed location at which evidence of

2-16     financial responsibility is required by law to be presented.

2-17           (c)  The public safety director shall determine an amount

2-18     that is necessary for the designated agent to implement this

2-19     subchapter, but that is not more than 15 cents a month for each

2-20     vehicle.

2-21           (d)  A contract under this section may be awarded for a term

2-22     of five years and may be terminated during its term as provided by

2-23     the contract.

2-24           Sec. 601.443.  INFORMATION PROVIDED BY INSURANCE COMPANY.

2-25     (a)  Each insurance company providing motor vehicle liability

2-26     policies in this state shall provide the designated agent with

2-27     necessary information concerning each policy, including:

 3-1                 (1)  the name of the insurance company;

 3-2                 (2)  the insurance policy number;

 3-3                 (3)  the effective date of the policy;

 3-4                 (4)  the expiration date of the policy;

 3-5                 (5)  the name, address, social security number, and

 3-6     date of birth of each driver insured by the policy;

 3-7                 (6)  the make, year, and vehicle identification number

 3-8     of each vehicle covered by the policy;

 3-9                 (7)  any information on the cancellation or nonrenewal

3-10     of the policy; and

3-11                 (8)  a statement that the coverage of the policy

3-12     complies with the minimum amount of liability insurance required by

3-13     this chapter.

3-14           (b)  Each insurance company shall provide information

3-15     required by Subsection (a) to the designated agent in the

3-16     electronic data format prescribed by the public safety director

3-17     monthly or more frequently.  Information provided by an insurance

3-18     company under this section remains the property of the insurance

3-19     company and may not be sold or made available except to enforce a

3-20     state law.

3-21           Sec. 601.444.  INFORMATION PROVIDED BY DEPARTMENT.  The

3-22     department shall provide the designated agent the following

3-23     information on each Texas driver's license holder:

3-24                 (1)  the holder's name, address, and date of birth;

3-25                 (2)  the driver's license number and expiration date;

3-26     and

3-27                 (3)  any information on suspension or revocation of the

 4-1     driver's license.

 4-2           Sec. 601.445.  INFORMATION PROVIDED BY TEXAS DEPARTMENT OF

 4-3     TRANSPORTATION.  (a)  The Texas Department of Transportation shall

 4-4     provide the department or its designated agent the following

 4-5     information for each vehicle to which this chapter applies, to the

 4-6     extent the information is in the Texas Department of

 4-7     Transportation's records:

 4-8                 (1)  the owner's name, address, and social security

 4-9     number;

4-10                 (2)  the vehicle identification number;

4-11                 (3)  the vehicle's description; and

4-12                 (4)  the date the certificate of title was issued for

4-13     the vehicle.

4-14           (b)  The Texas Department of Transportation is not required

4-15     to provide information under this section about a vehicle

4-16     registered under Subchapter G, Chapter 502.

4-17           Sec. 601.446.  FORM OF AND TIME FOR PROVIDING INFORMATION BY

4-18     AGENCIES; INFORMATION REMAINS PROPERTY OF AGENCIES.  Each agency

4-19     shall provide the information required under Section 601.444 or

4-20     601.445 in an electronic data format.  The department shall provide

4-21     the information under Section 601.444 not later than the seventh

4-22     day after the date the license is issued.  The Texas Department of

4-23     Transportation shall provide the information under Section 601.445

4-24     and each change to information previously provided under that

4-25     section in a weekly report that includes the information for

4-26     registrations and changes occurring during the week preceding the

4-27     date of the report.  Information provided by each agency under this

 5-1     section remains the property of each agency and may not be sold or

 5-2     made available except to enforce a state law.

 5-3           Sec. 601.447.  CERTAIN OTHER EVIDENCE INSUFFICIENT.

 5-4     Beginning on the date that the department by rule designates as the

 5-5     effective date of the system established under this subchapter, the

 5-6     evidence of insurance described by Section 601.053(a)(1), (2), or

 5-7     (3) is not sufficient evidence of financial responsibility for

 5-8     purposes of this chapter except during the 21-day period after the

 5-9     date of issuance of the insurance policy, standard proof of

5-10     liability insurance form, or insurance binder, as applicable.

5-11           Sec. 601.448.  FEES ON POLICY HOLDER.  (a)  The insurance

5-12     company shall collect from the policy holder a one-time fee of $1

5-13     when the policy is issued for the card or device required for

5-14     insurance verification under the system.

5-15           (b)  A fee under this section shall be remitted to the

5-16     designated agent not later than the third day of the month after

5-17     the month in which the fee is collected.  The fee shall be retained

5-18     by the designated agent and used only to implement this subchapter.

5-19           Sec. 601.449.  DURATION OF CARD OR DEVICE.  A card or device

5-20     issued under this subchapter does not expire as long as the person

5-21     to whom the card or device is issued owns the vehicle, regardless

5-22     of whether the vehicle becomes covered by a policy issued by a

5-23     different insurance company.  If the person to whom the card or

5-24     device is issued under this subchapter purchases a new vehicle, a

5-25     $1 fee shall be charged for insurance verification under this

5-26     system.

5-27           Sec. 601.450.  LIABILITY OF CERTAIN OFFICERS, EMPLOYEES, AND

 6-1     AGENTS.  An officer or employee of an insurance company or officer,

 6-2     employee, or agent of the department, or the Texas Department of

 6-3     Transportation is not liable in a civil action for an act performed

 6-4     in good faith in providing information in compliance with this

 6-5     subchapter.

 6-6           Sec. 601.451.  VIOLATION; ADMINISTRATIVE SANCTIONS.

 6-7     (a)  Violation by an insurance company of this subchapter is a

 6-8     ground for an administrative sanction by the commissioner of

 6-9     insurance under Articles 1.10 and 1.10E, Insurance Code, including

6-10     the revocation of the company's certificate of authority to engage

6-11     in the business of insurance in this state.  The commissioner of

6-12     insurance may assess an administrative penalty against that

6-13     insurance company in amount not to exceed $250 for each policy

6-14     involved for each day of noncompliance.

6-15           (b)  Not later than the 10th day after the date on which the

6-16     commissioner determines a violation has occurred, the commissioner

6-17     shall send by certified mail a notice of the determination to the

6-18     insurance company involved with  a statement of the right of the

6-19     insurance company to a hearing relating to the alleged violation

6-20     and the amount of the penalty.

6-21           (c)  Not later than the 20th day after the date on which the

6-22     report is sent, the insurance company may make a written request

6-23     for a hearing or may remit the amount of the administrative penalty

6-24     to the Texas Department of Insurance.  Failure to request a hearing

6-25     or to remit the  amount of the administrative penalty within the

6-26     time provided by this subsection waives the right to a hearing

6-27     under this subsection.  Not later than the 30th  day after the date

 7-1     on which the notice is received, the insurance company charged

 7-2     shall pay the administrative penalty in full or, if the insurance

 7-3     company wishes to contest the amount of the penalty or the fact of

 7-4     the violation, forward the amount of the penalty assessed to the

 7-5     Texas Department of Insurance for deposit in an escrow account.

 7-6           (d)  If, after the hearing or judicial review, it is

 7-7     determined that a violation did not occur or that the amount of the

 7-8     penalty should be reduced, the Texas Department of Insurance shall

 7-9     return the appropriate amount to the insurance company charged with

7-10     the violation not later than the 30th day after the date on which

7-11     the determination becomes final.

7-12           (e)  Failure to remit the amount of the administrative

7-13     penalty as provided by this section waives the  right to contest

7-14     the violation or the amount of the penalty.

7-15           Sec. 601.452.  VIOLATION; CRIMINAL PENALTY.  (a)  A person

7-16     commits an offense if the person knowingly releases information

7-17     maintained by the department or its designated agent under this

7-18     subchapter except to enforce a state law.

7-19           (b)  An offense under this section is a Class A misdemeanor.

7-20           SECTION 3.  Section 502.104, Transportation Code, is amended

7-21     to read as follows:

7-22           Sec. 502.104.  DISPOSITION OF CERTAIN SPECIAL FEES.  Each

7-23     Monday a county assessor-collector shall send to the department an

7-24     amount equal to collections for the preceding week for:

7-25                 (1)  each transfer fee collected under Section 502.175;

7-26     and

7-27                 (2)  each fee collected under Section 502.169(b),

 8-1     502.1715, or 502.279.

 8-2           SECTION 4.  Subchapter D, Chapter 502, Transportation Code,

 8-3     is amended by adding Sections 502.1515 and 502.1715 to read as

 8-4     follows:

 8-5           Sec. 502.1515.  APPLICANT'S SOCIAL SECURITY NUMBER.  (a)  The

 8-6     department shall require an applicant for registration to provide

 8-7     the applicant's social security number to the department.

 8-8           (b)  The department shall enter the applicant's social

 8-9     security number in the department's electronic database but not

8-10     print the number on the registration receipt.

8-11           (c)  This section applies only in a county in which the

8-12     department's automated registration and title system has been

8-13     implemented.

8-14           Sec. 502.1715.  ADDITIONAL FEE FOR EVIDENCE OF FINANCIAL

8-15     RESPONSIBILITY SYSTEM.  (a)  In addition to other fees imposed for

8-16     registration of a motor vehicle, at the time of application for

8-17     registration or renewal of registration of a motor vehicle for

8-18     which the owner is required to submit evidence of financial

8-19     responsibility under Section 502.153, the applicant shall pay a fee

8-20     of $3.

8-21           (b)  Fees collected under this section shall be deposited to

8-22     the credit of the state highway fund.  The department may use money

8-23     appropriated from the state highway fund that represents those fees

8-24     to administer Subchapter N, Chapter 601, and to reimburse the

8-25     Department of Public Safety for its expenses in administering that

8-26     subchapter.

8-27           (c)  The department and the Department of Public Safety shall

 9-1     adopt rules and develop forms necessary to administer this section.

 9-2           SECTION 5.  (a)  Not later than September 1, 1998, the

 9-3     Department of Public Safety shall contract with an entity to serve

 9-4     as the designated agent under Subchapter N, Chapter 601,

 9-5     Transportation Code, as added by this Act, and adopt rules

 9-6     necessary to implement that subchapter.

 9-7           (b)  An insurance company is not required to provide

 9-8     information under Section 601.443, Transportation Code, as added by

 9-9     this Act, before September 1, 1998.

9-10           SECTION 6.  Sections 502.1515 and 502.1715, Transportation

9-11     Code, as added by this Act, apply only to a registration issued or

9-12     renewed on or after the effective date of this Act.

9-13           SECTION 7.  This Act takes effect September 1, 1997.

9-14           SECTION 8.  The importance of this legislation and the

9-15     crowded condition of the calendars in both houses create an

9-16     emergency and an imperative public necessity that the

9-17     constitutional rule requiring bills to be read on three several

9-18     days in each house be suspended, and this rule is hereby suspended.