76R9924 DLF-F
By Alvarado H.B. No. 108
Substitute the following for H.B. No. 108:
By Chisum C.S.H.B. No. 108
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to motor vehicle liability insurance for vehicles operated
1-3 by peace officers in certain counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 157.042, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 157.042. MOTOR VEHICLE [AUTOMOBILE] LIABILITY INSURANCE
1-8 FOR PEACE OFFICERS IN CERTAIN COUNTIES [OF MORE THAN 1.4 MILLION].
1-9 (a) A county with a population of more than 1,185,000 [1.4
1-10 million] shall insure its sheriff, constables, and full-time
1-11 deputies of those officers against liability to third persons
1-12 arising from the operation or maintenance of:
1-13 (1) county-owned or county-leased motor vehicles; and
1-14 (2) privately owned motor vehicles to the extent used
1-15 for the performance of county business or law enforcement duties.
1-16 (b) A county may satisfy the requirement of Subsection (a)
1-17 by requiring that the person to be covered purchase an extended
1-18 coverage endorsement to an individually owned liability insurance
1-19 policy and by reimbursing the person for the [its] cost of the
1-20 extended coverage endorsement. The extended coverage endorsement
1-21 must be in an amount equal to or greater than that required by
1-22 Subsection (d) and must extend coverage to include the operation of
1-23 [county] vehicles in the scope of the person's employment. The
1-24 county may require a person insured in this manner to provide proof
2-1 of coverage.
2-2 (c) A county may elect to comply with the requirements of
2-3 this section by self-insuring in accordance with Section 601.124,
2-4 Transportation Code.
2-5 (d) Liability coverage required under this section must be
2-6 in amounts equal to or greater than the amounts required by Chapter
2-7 601, Transportation Code.
2-8 (e) In this section, "motor vehicle" means a vehicle for
2-9 which motor vehicle insurance is written under Subchapter A,
2-10 Chapter 5, Insurance Code.
2-11 SECTION 2. Subchapter Z, Chapter 240, Local Government Code,
2-12 is amended by adding Section 240.906 to read as follows:
2-13 Sec. 240.906. REGULATION OF CERTAIN USE OF PRIVATELY OWNED
2-14 VEHICLES. (a) The commissioners court of a county may adopt rules
2-15 prohibiting or regulating the use of a privately owned motor
2-16 vehicle for the performance of county business or law enforcement
2-17 duties by a sheriff or constable or a deputy of a sheriff or
2-18 constable.
2-19 (b) This section does not authorize a commissioners court to
2-20 adopt rules relating to the private use of a privately owned motor
2-21 vehicle.
2-22 SECTION 3. This Act takes effect September 1, 1999.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.