HBA-KMH H.B. 2535 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2535 By: Thompson Judicial Affairs 3/25/1999 Introduced BACKGROUND AND PURPOSE In the 75th Legislative Session, the legislature passed H.B. 853. That bill removed the requirement that a court should dismiss a charge for failure to maintain financial responsibility for a vehicle and replaced this requirement with an affirmative defense to prosecution of an offense if a person provides documents proving financial responsibility at the time of the offense. Establishing an affirmative defense is more time consuming than the old procedure. H.B. 2535 provides that a court shall dismiss a charge for failure to maintain financial responsibility of a vehicle when a person charged provides proof of financial responsibility for the vehicle. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 601.193, Transportation Code, to provide that a person's defense to an offense under Section 601.191 (Operation of Motor Vehicle in Violation of Motor Vehicle Liability Insurance Requirement; Offense) or 601.195 (Operation of Motor Vehicle in Violation of Requirement to Establish Financial Responsibility; Offense), Transportation Code, is that the person provide proof of financial responsibility to the court. Requires the court dismiss a charge after the court verifies the document provided as proof of financial responsibility. SECTION 2.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3.Emergency clause.