By Lewis of Tarrant H.B. No. 1935
76R7941 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Motor Vehicle Safety Responsibility Act.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The following laws are repealed:
1-5 (1) Sections 502.153, 521.143, and 548.105,
1-6 Transportation Code;
1-7 (2) Sections 601.051, 601.052, and 601.053,
1-8 Transportation Code; and
1-9 (3) Subchapters G, H, and I, Chapter 601,
1-10 Transportation Code.
1-11 SECTION 2. The heading of Subchapter C, Chapter 601,
1-12 Transportation Code, is amended to read as follows:
1-13 SUBCHAPTER C. EVIDENCE OF FINANCIAL
1-14 RESPONSIBILITY[; REQUIREMENTS]
1-15 SECTION 3. Section 601.293(c), Transportation Code, is
1-16 amended to read as follows:
1-17 (c) If the magistrate determines that there is a reasonable
1-18 possibility that a judgment will be rendered against the person for
1-19 bodily injury, death, or property damage sustained in the accident,
1-20 the magistrate shall order the person to provide:
1-21 (1) evidence of financial responsibility for the
1-22 bodily injury, death, or property damage; or
1-23 (2) evidence that the person is exempt from the
1-24 requirements of this chapter under Section 601.007 [requirement of
2-1 Section 601.051].
2-2 SECTION 4. Section 601.296(a), Transportation Code, is
2-3 amended to read as follows:
2-4 (a) The department shall issue a certificate of release of
2-5 an impounded motor vehicle to the owner, operator, or person
2-6 authorized by the owner on submission to the department of:
2-7 (1) evidence of financial responsibility [under
2-8 Section 601.053] that shows that at the time of the accident the
2-9 vehicle was covered by financial responsibility that meets the
2-10 requirements of this chapter [in compliance with Section 601.051]
2-11 or was exempt from the requirements of this chapter under Section
2-12 601.007 [requirement of Section 601.051];
2-13 (2) a release executed by each person damaged in the
2-14 accident other than the operator of the vehicle for which the
2-15 certificate of release is requested; or
2-16 (3) security in a form and amount determined by the
2-17 department to secure the payment of damages for which the operator
2-18 may be liable.
2-19 SECTION 5. Section 502.352(c), Transportation Code, is
2-20 amended to read as follows:
2-21 (c) A person may obtain a permit under this section by:
2-22 (1) applying to the county assessor-collector, the
2-23 department, or the department's wire service agent, if the
2-24 department has a wire service agent;
2-25 (2) paying a fee of $25 for a 72-hour permit or $50
2-26 for a 144-hour permit:
2-27 (A) in cash;
3-1 (B) by postal money order;
3-2 (C) by certified check;
3-3 (D) by wire transfer through the department's
3-4 wire service agent, if any;
3-5 (E) by an escrow account; or
3-6 (F) where the service is provided, by a credit
3-7 card issued by:
3-8 (i) a financial institution chartered by a
3-9 state or the United States; or
3-10 (ii) a nationally recognized credit
3-11 organization approved by the Texas Transportation Commission;
3-12 (3) paying a discount or service charge for a credit
3-13 card payment or escrow account, in addition to the fee; and
3-14 (4) furnishing to the county assessor-collector, the
3-15 department, or the department's wire service agent, evidence that
3-16 [of] financial responsibility for the vehicle has been established
3-17 that complies with Subchapter D, Chapter 601, [Sections 502.153(c)
3-18 and 601.168(a)] and that is written by an insurance company or
3-19 surety company authorized to write motor vehicle liability
3-20 insurance in this state.
3-21 SECTION 6. Section 502.353(d), Transportation Code, is
3-22 amended to read as follows:
3-23 (d) A person may obtain a permit under this section by:
3-24 (1) applying to the department;
3-25 (2) paying a fee in the amount required by Subsection
3-26 (e) in cash or by postal money order or certified check; and
3-27 (3) furnishing evidence that [of] financial
4-1 responsibility has been established for the motor vehicle that
4-2 complies with Subchapter D, Chapter 601 [Sections 502.153(c) and
4-3 601.168(a)], the policies to be written by an insurance company or
4-4 surety company authorized to write motor vehicle liability
4-5 insurance in this state.
4-6 SECTION 7. Section 521.249(b), Transportation Code, is
4-7 amended to read as follows:
4-8 (b) On receipt of the copy under this section [and after
4-9 compliance with Chapter 601], the department shall issue an
4-10 occupational license to the person. The license must refer on its
4-11 face to the court order.
4-12 SECTION 8. Section 600.002, Transportation Code, is amended
4-13 to read as follows:
4-14 Sec. 600.002. IDENTIFICATION REQUIRED FOR VEHICLE NEAR
4-15 MEXICAN BORDER. On demand of a peace officer within 250 feet of
4-16 the Mexican border at a checkpoint authorized by Section 411.0095,
4-17 Government Code, [as added by Chapter 497, Acts of the 73rd
4-18 Legislature, Regular Session, 1993,] the driver of a vehicle shall
4-19 produce a driver's license [and proof of compliance with Chapter
4-20 601].
4-21 SECTION 9. Section 729.001(a), Transportation Code, is
4-22 amended to read as follows:
4-23 (a) A person who is younger than 17 years of age commits an
4-24 offense if the person operates a motor vehicle on a public road or
4-25 highway, a street or alley in a municipality, or a public beach in
4-26 violation of any traffic law of this state, including:
4-27 (1) Chapter 502, other than Section 502.282 or
5-1 502.412;
5-2 (2) Chapter 521;
5-3 (3) Subtitle C, other than an offense under Section
5-4 550.021, 550.022, or 550.024;
5-5 (4) [Chapter 601;]
5-6 [(5)] Chapter 621;
5-7 (5) [(6)] Chapter 661; and
5-8 (6) [(7)] Chapter 681.
5-9 SECTION 10. Section 84.004(c), Civil Practice and Remedies
5-10 Code, is amended to read as follows:
5-11 (c) A volunteer of a charitable organization is liable to a
5-12 person for death, damage, or injury to the person or his property
5-13 proximately caused by any act or omission arising from the
5-14 operation or use of any motor-driven equipment, including an
5-15 airplane, to the extent, for a motor vehicle, of the limits of
5-16 liability required to establish financial responsibility under
5-17 Section 601.072 [insurance coverage is required by Chapter 601],
5-18 Transportation Code, and to the extent of any existing insurance
5-19 coverage applicable to the act or omission.
5-20 SECTION 11. Section 61.096(b), Human Resources Code, is
5-21 amended to read as follows:
5-22 (b) A volunteer is liable for personal injury, death, or
5-23 property damage proximately caused by an act or omission related to
5-24 the operation or use of any motor-driven equipment to the extent of
5-25 the greater of:
5-26 (1) the limits of liability required to establish
5-27 financial responsibility [amount of financial responsibility
6-1 required] for the motor-driven equipment, if any, under Section
6-2 601.072 [Chapter 601], Transportation Code; or
6-3 (2) the amount of any liability insurance coverage
6-4 that applies to the act or omission.
6-5 SECTION 12. Section 157.042(d), Local Government Code, is
6-6 amended to read as follows:
6-7 (d) Liability coverage required under this section must be
6-8 in amounts equal to or greater than the limits of liability
6-9 required to establish financial responsibility under Section
6-10 601.072 [amounts required by Chapter 601], Transportation Code.
6-11 SECTION 13. Section 1(3), Article 21.81, Insurance Code, is
6-12 amended to read as follows:
6-13 (3) "Insurance" means a motor vehicle liability [an]
6-14 insurance policy that meets the requirements of Subchapter D,
6-15 Chapter 601, Transportation Code [the Texas Motor Vehicle
6-16 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
6-17 Statutes)].
6-18 SECTION 14. Section 4(a), Article 21.81, Insurance Code, is
6-19 amended to read as follows:
6-20 (a) The association shall provide a means by which insurance
6-21 may be assigned to an authorized insurance company for a person who
6-22 is eligible for insurance under this article [required by the Texas
6-23 Motor Vehicle Safety-Responsibility Act (Article 6701h, Vernon's
6-24 Texas Civil Statutes) to show proof of financial responsibility for
6-25 the future].
6-26 SECTION 15. Section 3(d), Article 21.81, Insurance Code, is
6-27 amended to read as follows:
7-1 (d) If the commissioner at any time believes that any part
7-2 of the plan of operation is not in keeping with the purposes of
7-3 Chapter 601, Transportation Code [the Texas Motor Vehicle
7-4 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
7-5 Statutes)], the commissioner shall notify the governing committee
7-6 in writing so that the governing committee may take corrective
7-7 action.
7-8 SECTION 16. The change in law made by this Act to Sections
7-9 601.293 and 601.296, Transportation Code, applies only to the
7-10 impoundment and release of a motor vehicle that is impounded under
7-11 Subchapter J, Chapter 601, Transportation Code, on or after the
7-12 effective date of this Act. The impoundment and release of a motor
7-13 vehicle that is impounded under Subchapter J, Chapter 601,
7-14 Transportation Code, before the effective date of this Act is
7-15 governed by the law as it existed immediately before that date, and
7-16 that law is continued in effect for that purpose.
7-17 SECTION 17. (a) The change in law made by this Act applies
7-18 only to the punishment for an offense committed on or after the
7-19 effective date of this Act. For purposes of this section, an
7-20 offense is committed before the effective date of this Act if any
7-21 element of the offense occurs before the effective date.
7-22 (b) An offense committed before the effective date of this
7-23 Act is covered by the law in effect when the offense was committed,
7-24 and the former law is continued in effect for this purpose.
7-25 SECTION 18. The change in law made by this Act to Section
7-26 84.004(c), Civil Practice and Remedies Code, and Section 61.096(b),
7-27 Human Resources Code, applies only to a cause of action that
8-1 accrues on or after the effective date of this Act. A cause of
8-2 action that accrued before the effective date of this Act is
8-3 governed by the law as it existed immediately before the effective
8-4 date of this Act, and that law is continued in effect for this
8-5 purpose.
8-6 SECTION 19. The change in law made by Sections 13-15 of this
8-7 Act applies only to an insurance policy that is delivered, issued
8-8 for delivery, or renewed on or after the effective date of this
8-9 Act. A policy that is delivered, issued for delivery, or renewed
8-10 before the effective date of this Act is governed by the law as it
8-11 existed immediately before that date, and that law is continued in
8-12 effect for this purpose.
8-13 SECTION 20. This Act takes effect January 1, 2000.
8-14 SECTION 21. The importance of this legislation and the
8-15 crowded condition of the calendars in both houses create an
8-16 emergency and an imperative public necessity that the
8-17 constitutional rule requiring bills to be read on three several
8-18 days in each house be suspended, and this rule is hereby suspended.