SRC-JJJ H.B. 108 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 108
By: Chisum (Madla)
Intergovernmental Relations
5/13/1999
Engrossed


DIGEST 

Currently, a county with a population of 1.4 million or less is not
required to provide peace officers with motor vehicle liability insurance
at county expense. Additionally, the county is not required to provide
liability insurance for privately owned vehicles that are used for official
duties. H.B. 108 would require a county with a population of 1,185,000 or
more to provide liability insurance at the county's expense for county
peace officers while using county or privately owned vehicles for official
duties. This bill also authorizes the commissioners court of a county to
adopt rules prohibiting or regulating the use of a privately owned motor
vehicle for the performance of county business or law enforcement duties by
a sheriff or constable or a deputy of a sheriff or constable.  

PURPOSE

As proposed, H.B. 108 would establish provisions regarding motor vehicle
liability insurance for vehicles operated by peace officers in certain
counties. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 157.042, Local Government Code, as follows:

Sec. 157.042. New heading: MOTOR VEHICLE LIABILITY INSURANCE FOR PEACE
OFFICERS IN CERTAIN COUNTIES. Requires a county with a population
of1,185,000, rather than 1.4 million, to insure its sheriff, constables,
and full-time deputies against liability to third persons arising from the
operation or maintenance of privately owned motor vehicles to the extent
the vehicles are used for the performance of county business or law
enforcement duties. Makes conforming and nonsubstantive changes.  

SECTION 2. Amends Subchapter Z, Chapter 240, Local Government Code, by
adding Section 240.906, as follows:  

Sec. 240.906. REGULATION OF CERTAIN USE OF PRIVATELY OWNED VEHICLES.
Authorizes the commissioners court of a county to adopt rules prohibiting
or regulating the use of a privately owned motor vehicle for the
performance of county business or law enforcement duties by a sheriff or
constable or a deputy of a sheriff or constable. Provides that this section
does not authorize a commissioners court to adopt rules relating to the
private use of a privately owned motor vehicle.  

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.