1-1     By:  Alvarado (Senate Sponsor - Madla)                 H.B. No. 108
 1-2           (In the Senate - Received from the House May 14, 1999;
 1-3     May 14, 1999, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 14, 1999, reported favorably by
 1-5     the following vote:  Yeas 4, Nays 0; May 14, 1999, sent to
 1-6     printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to motor vehicle liability insurance for vehicles operated
1-10     by peace officers in certain counties.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 157.042, Local Government Code, is
1-13     amended to read as follows:
1-14           Sec. 157.042.  MOTOR VEHICLE [AUTOMOBILE] LIABILITY INSURANCE
1-15     FOR PEACE OFFICERS IN CERTAIN COUNTIES [OF MORE THAN 1.4 MILLION].
1-16     (a)  A county with a population of more than 1,185,000 [1.4
1-17     million] shall insure its sheriff, constables, and full-time
1-18     deputies of those officers against liability to third persons
1-19     arising from the operation or maintenance of:
1-20                 (1)  county-owned or county-leased motor vehicles; and
1-21                 (2)  privately owned motor vehicles to the extent used
1-22     for the performance of county business or law enforcement duties.
1-23           (b)  A county may satisfy the requirement of Subsection (a)
1-24     by requiring that the person to be covered purchase an extended
1-25     coverage endorsement to an individually owned liability insurance
1-26     policy and by reimbursing the person for the [its] cost of the
1-27     extended coverage endorsement.  The extended coverage endorsement
1-28     must be in an amount equal to or greater than that required by
1-29     Subsection (d) and must extend coverage to include the operation of
1-30     [county] vehicles in the scope of the person's employment.  The
1-31     county may require a person insured in this manner to provide proof
1-32     of coverage.
1-33           (c)  A county may elect to comply with the requirements of
1-34     this section by self-insuring in accordance with Section 601.124,
1-35     Transportation Code.
1-36           (d)  Liability coverage required under this section must be
1-37     in amounts equal to or greater than the amounts required by Chapter
1-38     601, Transportation Code.
1-39           (e)  In this section, "motor vehicle" means a vehicle for
1-40     which motor vehicle insurance is written under Subchapter A,
1-41     Chapter 5, Insurance Code.
1-42           SECTION 2.  Subchapter Z, Chapter 240, Local Government Code,
1-43     is amended by adding Section 240.906 to read as follows:
1-44           Sec. 240.906.  REGULATION OF CERTAIN USE OF PRIVATELY OWNED
1-45     VEHICLES.  (a)  The commissioners court of a county may adopt rules
1-46     prohibiting or regulating the use of a privately owned motor
1-47     vehicle for the performance of county business or law enforcement
1-48     duties by a sheriff or constable or a deputy of a sheriff or
1-49     constable.
1-50           (b)  This section does not authorize a commissioners court to
1-51     adopt rules relating to the private use of a privately owned motor
1-52     vehicle.
1-53           SECTION 3.  This Act takes effect September 1, 1999.
1-54           SECTION 4.  The importance of this legislation and the
1-55     crowded condition of the calendars in both houses create an
1-56     emergency and an imperative public necessity that the
1-57     constitutional rule requiring bills to be read on three several
1-58     days in each house be suspended, and this rule is hereby suspended.
1-59                                  * * * * *