By Armbrister                                    S.B. No. 603

      75R4237 JD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the requirement that an applicant for registration of a

 1-3     motor vehicle, a driver's license, or a motor vehicle inspection

 1-4     certificate provide evidence that the applicant has been in

 1-5     compliance with the motor vehicle safety responsibility law for the

 1-6     preceding two years.

 1-7           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-8           SECTION 1.  Section 502.153, Transportation Code, is amended

 1-9     by adding Subsection (i) to read as follows:

1-10           (i)  In addition to the evidence of financial responsibility

1-11     required by Subsection (a), the owner or owner's representative

1-12     shall submit with the application for registration:

1-13                 (1)  evidence in a form prescribed by the commissioner

1-14     of insurance, showing that, at any time required by law during the

1-15     two years preceding the date of the application, the owner

1-16     established and maintained financial responsibility for the vehicle

1-17     the owner most regularly operated; or

1-18                 (2)  an affidavit stating that during the two years

1-19     preceding the date of the application the owner did not regularly

1-20     operate a vehicle for which the owner was required to establish

1-21     financial responsibility.

1-22           SECTION 2.  Section 521.143, Transportation Code, is amended

1-23     by adding Subsection (e) to read as follows:

1-24           (e)  In addition to the evidence of financial responsibility

 2-1     required by Subsection (a), the applicant shall submit with the

 2-2     application for the driver's license:

 2-3                 (1)  evidence in a form prescribed by the commissioner

 2-4     of insurance, showing that, at any time required by law during the

 2-5     two years preceding the date of the application, the applicant

 2-6     established and maintained financial responsibility for the vehicle

 2-7     the applicant most regularly operated; or

 2-8                 (2)  an affidavit stating that during the two years

 2-9     preceding the date of the application the applicant did not

2-10     regularly operate a vehicle for which the applicant was required to

2-11     establish financial responsibility.

2-12           SECTION 3.  Section 548.105, Transportation Code, is amended

2-13     by adding Subsection (c) to read as follows:

2-14           (c)  In addition to the evidence of financial responsibility

2-15     required by Subsection (a), the owner or operator shall furnish at

2-16     the time of inspection:

2-17                 (1)  evidence in a form prescribed by the commissioner

2-18     of insurance, showing that, at any time required by law during the

2-19     two years preceding the date of inspection, the owner or operator

2-20     established and maintained financial responsibility for the vehicle

2-21     the owner or operator most regularly operated; or

2-22                 (2)  an affidavit stating that during the two years

2-23     preceding the date of inspection the owner or operator did not

2-24     regularly operate a vehicle for which the owner or operator was

2-25     required to establish financial responsibility.

2-26           SECTION 4.  (a)  This Act takes effect September 1, 1997.

2-27           (b)  Not later than September 30, 1997, the commissioner of

 3-1     insurance shall prescribe the form required by Sections

 3-2     502.153(i)(1), 521.143(e)(1), and 548.105(c)(1), Transportation

 3-3     Code, as added by this Act.  If financial responsibility for the

 3-4     vehicle to which those sections apply was established by one or

 3-5     more motor vehicle liability insurance policies, the commissioner

 3-6     shall require the insurer that issued the policy, on request of a

 3-7     person required to make an application or submit to inspection

 3-8     under those sections, to provide that person with evidence of

 3-9     financial responsibility sufficient for the person to comply with

3-10     those sections.

3-11           (c)  The changes in law made by Sections 1-3 of this Act

3-12     apply only to a person who applies for the registration of a motor

3-13     vehicle, the issuance of a driver's license, or the issuance of an

3-14     inspection certificate on or after January 1, 1998.

3-15           (d)  An application for the registration of a motor vehicle,

3-16     the issuance of a driver's license, or the issuance of an

3-17     inspection certificate made before January 1, 1998, is covered by

3-18     Section 502.153, 521.143, or 548.105, Transportation Code, as

3-19     appropriate, as those sections existed immediately before September

3-20     1, 1997, and those laws are continued in effect for that purpose.

3-21           SECTION 5.  The importance of this legislation and the

3-22     crowded condition of the calendars in both houses create an

3-23     emergency and an imperative public necessity that the

3-24     constitutional rule requiring bills to be read on three several

3-25     days in each house be suspended, and this rule is hereby suspended.