By Bonnen H.B. No. 2772
76R5872 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to liability for certain motor vehicle accidents and the
1-3 motor vehicle insurance requirement for that liability.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter F, Chapter 601, Transportation Code,
1-6 is amended to read as follows:
1-7 SUBCHAPTER F. LIABILITY FOR MOTOR VEHICLE [SECURITY
1-8 FOLLOWING] ACCIDENT
1-9 Sec. 601.151. DEFINITIONS. In this subchapter:
1-10 (1) "Exemplary damages" has the meaning assigned by
1-11 Section 41.001, Civil Practice and Remedies Code.
1-12 (2) "Noneconomic damages" means damages other than
1-13 compensatory damages for pecuniary loss. The term includes damages
1-14 for physical pain and mental anguish, loss of consortium,
1-15 disfigurement, physical impairment, or loss of companionship and
1-16 society. The term does not include exemplary damages.
1-17 Sec. 601.152. LIABILITY FOR INJURY TO CERTAIN OPERATORS.
1-18 (a) A person may not obtain noneconomic damages or exemplary
1-19 damages in a civil action for bodily injury, death, or damage to or
1-20 destruction of property arising out of a motor vehicle accident if:
1-21 (1) the person was:
1-22 (A) operating a motor vehicle, at the time of
1-23 the accident, while intoxicated in violation of Section 49.04,
1-24 Penal Code, or another law of this state relating to the operation
2-1 of a motor vehicle while intoxicated; and
2-2 (B) convicted of an offense described by
2-3 Paragraph (A); or
2-4 (2) the person was knowingly operating the motor
2-5 vehicle, at the time of the accident, without having in effect for
2-6 the motor vehicle financial responsibility established as described
2-7 by Section 601.051.
2-8 (b) Subsection (a) does not apply to a person described by
2-9 Subsection (a)(2) if the person was injured by another person who
2-10 was:
2-11 (1) operating a motor vehicle, at the time of the
2-12 accident, while intoxicated in violation of Section 49.04, Penal
2-13 Code, or another law of this state relating to the operation of a
2-14 motor vehicle while intoxicated; and
2-15 (2) convicted of an offense described by Subdivision
2-16 (1).
2-17 (c) Except as provided by Subsection (d), Subsection (a)
2-18 applies to a claim for damages made by a person whose right to
2-19 recovery derives from an injury to another person whose right to
2-20 recovery would be barred under Subsection (a), including a claim
2-21 for wrongful death or for loss of consortium or companionship.
2-22 (d) This section does not prohibit the recovery of exemplary
2-23 damages for a wilful act or omission or gross neglect in a wrongful
2-24 death action brought by or on behalf of a surviving spouse or heirs
2-25 of the decedent's body under a statute enacted pursuant to Section
2-26 26, Article XVI, Texas Constitution. A claim for exemplary damages
2-27 described by this subsection is governed by Chapter 41, Civil
3-1 Practice and Remedies Code.
3-2 (e) This section does not prohibit a person described by
3-3 Subsection (a) from acting in a representative capacity to bring
3-4 suit on behalf of another person injured in the accident, as next
3-5 friend or otherwise. [APPLICABILITY OF SUBCHAPTER. (a) This
3-6 subchapter applies only to a motor vehicle accident in this state
3-7 that results in bodily injury or death or in damage to the property
3-8 of one person of at least $1,000.]
3-9 [(b) This subchapter does not apply to:]
3-10 [(1) an owner or operator who has in effect at the
3-11 time of the accident a motor vehicle liability insurance policy
3-12 that covers the motor vehicle involved in the accident;]
3-13 [(2) an operator who is not the owner of the motor
3-14 vehicle, if a motor vehicle liability insurance policy or bond for
3-15 the operation of a motor vehicle the person does not own is in
3-16 effect at the time of the accident;]
3-17 [(3) an owner or operator whose liability for damages
3-18 resulting from the accident, in the judgment of the department, is
3-19 covered by another liability insurance policy or bond;]
3-20 [(4) an owner or operator, if there was not bodily
3-21 injury to or damage of the property of a person other than the
3-22 owner or operator;]
3-23 [(5) the owner or operator of a motor vehicle that at
3-24 the time of the accident was legally parked or legally stopped at a
3-25 traffic signal;]
3-26 [(6) the owner of a motor vehicle that at the time of
3-27 the accident was being operated without the owner's express or
4-1 implied permission or was parked by a person who had been operating
4-2 the vehicle without that permission; or]
4-3 [(7) a person qualifying as a self-insurer under
4-4 Section 601.124 or a person operating a motor vehicle for a
4-5 self-insurer.]
4-6 [Sec. 601.152. SUSPENSION OF DRIVER'S LICENSE AND VEHICLE
4-7 REGISTRATION OR PRIVILEGE. (a) Subject to Section 601.153, the
4-8 department shall suspend the driver's license and vehicle
4-9 registrations of the owner and operator of a motor vehicle if:]
4-10 [(1) the vehicle is involved in any manner in an
4-11 accident; and]
4-12 [(2) the department finds that there is a reasonable
4-13 probability that a judgment will be rendered against the person as
4-14 a result of the accident.]
4-15 [(b) If the owner or operator is a nonresident, the
4-16 department shall suspend the person's nonresident operating
4-17 privilege and the privilege of use of any motor vehicle owned by
4-18 the nonresident.]
4-19 [Sec. 601.153. DEPOSIT OF SECURITY; EVIDENCE OF FINANCIAL
4-20 RESPONSIBILITY. (a) The department may not suspend a driver's
4-21 license, vehicle registration, or nonresident's privilege under
4-22 this subchapter if the owner or operator:]
4-23 [(1) deposits with the department security in an
4-24 amount determined to be sufficient under Section 601.154 or 601.157
4-25 as appropriate; and]
4-26 [(2) files evidence of financial responsibility as
4-27 required by this chapter.]
5-1 [(b) If the owner or operator chooses to establish financial
5-2 responsibility under Subsection (a)(2) by filing evidence of motor
5-3 vehicle liability insurance, the owner or operator must file a
5-4 certificate of insurance for a policy that has a policy period of
5-5 at least six months and for which the premium for the entire policy
5-6 period is paid in full.]
5-7 [(c) Notwithstanding Section 601.085, coverage for a motor
5-8 vehicle under a motor vehicle liability policy for which a person
5-9 files with the department a certificate of insurance under
5-10 Subsection (b) may not be canceled unless:]
5-11 [(1) the person no longer owns the motor vehicle;]
5-12 [(2) the person dies;]
5-13 [(3) the person has a permanent incapacity that
5-14 renders the person unable to drive the motor vehicle; or]
5-15 [(4) the person surrenders to the department the
5-16 person's driver's license and the vehicle registration for the
5-17 motor vehicle.]
5-18 [Sec. 601.154. DEPARTMENT DETERMINATION OF PROBABILITY OF
5-19 LIABILITY. (a) Subject to Subsection (d), if the department finds
5-20 that there is a reasonable probability that a judgment will be
5-21 rendered against an owner or operator as a result of an accident,
5-22 the department shall determine the amount of security sufficient to
5-23 satisfy any judgment for damages resulting from the accident that
5-24 may be recovered from the owner or operator.]
5-25 [(b) The department may not require security in an amount:]
5-26 [(1) less than $1,000; or]
5-27 [(2) more than the limits prescribed by Section
6-1 601.072.]
6-2 [(c) In determining whether there is a reasonable
6-3 probability that a judgment will be rendered against the person as
6-4 a result of an accident and the amount of security that is
6-5 sufficient under Subsection (a), the department may consider:]
6-6 [(1) a report of an investigating officer;]
6-7 [(2) an accident report of a party involved; and]
6-8 [(3) an affidavit of a person who has knowledge of the
6-9 facts.]
6-10 [(d) The department shall make the determination required by
6-11 Subsection (a) only if the department has not received, before the
6-12 21st day after the date the department receives a report of a motor
6-13 vehicle accident, satisfactory evidence that the owner or operator
6-14 has:]
6-15 [(1) been released from liability;]
6-16 [(2) been finally adjudicated not to be liable; or]
6-17 [(3) executed an acknowledged written agreement
6-18 providing for the payment of an agreed amount in installments for
6-19 all claims for injuries or damages resulting from the accident.]
6-20 [Sec. 601.155. NOTICE OF DETERMINATION. (a) The department
6-21 shall notify the affected person of a determination made under
6-22 Section 601.154.]
6-23 [(b) The notice must state that:]
6-24 [(1) the person's driver's license and vehicle
6-25 registration or the person's nonresident's operating privilege will
6-26 be suspended unless the person, not later than the 20th day after
6-27 the date the notice was personally served or mailed, establishes
7-1 that:]
7-2 [(A) this subchapter does not apply to the
7-3 person, and the person has previously provided this information to
7-4 the department; or]
7-5 [(B) there is no reasonable probability that a
7-6 judgment will be rendered against the person as a result of the
7-7 accident; and]
7-8 [(2) the person is entitled to a hearing under this
7-9 subchapter if a written request for a hearing is delivered or
7-10 mailed to the department not later than the 20th day after the date
7-11 the notice was personally served or mailed.]
7-12 [(c) Notice under this section that is mailed must be mailed
7-13 to the person's last known address, as shown by the department's
7-14 records.]
7-15 [(d) For purposes of this section, notice is presumed to be
7-16 received if the notice was mailed to the person's last known
7-17 address, as shown by the department's records.]
7-18 [Sec. 601.156. SETTING OF HEARING. (a) A hearing under
7-19 this subchapter shall be heard by a judge of a municipal court or
7-20 the justice of the peace of the precinct in which the person
7-21 requesting the hearing resides. A party is not entitled to a jury.]
7-22 [(b) The court shall set a date for the hearing. The
7-23 hearing must be held at the earliest practical time after notice is
7-24 given to the person requesting the hearing.]
7-25 [(c) The department shall summon the person requesting the
7-26 hearing to appear at the hearing. Notice under this subsection
7-27 shall be delivered through personal service or mailed by certified
8-1 mail, return receipt requested, to the person's last known address,
8-2 as shown by the department's records. The notice must include
8-3 written charges issued by the department.]
8-4 [Sec. 601.157. HEARING PROCEDURES. (a) The judge may
8-5 administer oaths and issue subpoenas for the attendance of
8-6 witnesses and the production of relevant books and papers.]
8-7 [(b) The judge at the hearing shall determine:]
8-8 [(1) whether there is a reasonable probability that a
8-9 judgment will be rendered against the person requesting the hearing
8-10 as a result of the accident; and]
8-11 [(2) if there is a reasonable probability that a
8-12 judgment will be rendered, the amount of security sufficient to
8-13 satisfy any judgment for damages resulting from the accident.]
8-14 [(c) The amount of security under Subsection (b)(2) may not
8-15 be less than the amount specified as a minimum by Section 601.154.]
8-16 [(d) The judge shall report the judge's determination to the
8-17 department.]
8-18 [(e) The judge may receive a fee to be paid from the general
8-19 revenue fund of the county for holding a hearing under this
8-20 subchapter. The fee must be approved by the commissioners court of
8-21 the county and may not be more than $5 for each hearing.]
8-22 [Sec. 601.158. APPEAL. (a) If, after a hearing under this
8-23 subchapter, the judge determines that there is a reasonable
8-24 probability that a judgment will be rendered against the person
8-25 requesting the hearing as a result of the accident, the person may
8-26 appeal the determination.]
8-27 [(b) An appeal under this section is by trial de novo to the
9-1 county court of the county in which the hearing was held.]
9-2 [Sec. 601.159. PROCEDURES FOR SUSPENSION OF DRIVER'S LICENSE
9-3 AND VEHICLE REGISTRATION OR PRIVILEGE. The department shall
9-4 suspend the driver's license and each vehicle registration of an
9-5 owner or operator or the nonresident's operating privilege of an
9-6 owner or operator unless:]
9-7 [(1) if a hearing is not requested, the person, not
9-8 later than the 20th day after the date the notice under Section
9-9 601.155 was personally served or mailed:]
9-10 [(A) delivers or mails to the department a
9-11 written request for a hearing;]
9-12 [(B) shows that this subchapter does not apply
9-13 to the person; or]
9-14 [(C) complies with Section 601.153; or]
9-15 [(2) the person complies with Section 601.153 not
9-16 later than the 20th day after:]
9-17 [(A) the date of the expiration of the period in
9-18 which an appeal may be brought, if the determination at a hearing
9-19 is rendered against the owner or operator and the owner or operator
9-20 does not appeal; or]
9-21 [(B) the date of a decision against the person
9-22 following the appeal.]
9-23 [Sec. 601.160. SUSPENSION STAYED PENDING HEARING OR APPEAL.
9-24 The department may not suspend a driver's license, vehicle
9-25 registration, or nonresident's operating privilege pending the
9-26 outcome of a hearing and any appeal under this subchapter.]
9-27 [Sec. 601.161. NOTICE OF SUSPENSION. Not later than the
10-1 11th day before the effective date of a suspension under Section
10-2 601.159, the department shall send notice of the suspension to each
10-3 affected owner or operator. The notice must state the amount
10-4 required as security under Section 601.153 and the necessity for
10-5 the owner or operator to file evidence of financial responsibility
10-6 with the department.]
10-7 [Sec. 601.162. DURATION OF SUSPENSION. (a) The suspension
10-8 of a driver's license, vehicle registration, or nonresident's
10-9 operating privilege under this subchapter remains in effect, the
10-10 license, registration, or privilege may not be renewed, and a
10-11 license or vehicle registration may not be issued to the holder of
10-12 the suspended license, registration, or privilege, until:]
10-13 [(1) the date the person, or a person acting on the
10-14 person's behalf, deposits security and files evidence of financial
10-15 responsibility under Section 601.153;]
10-16 [(2) the second anniversary of the date of the
10-17 accident, if evidence satisfactory to the department is filed with
10-18 the department that, during the two-year period, an action for
10-19 damages arising out of the accident has not been instituted; or]
10-20 [(3) the date evidence satisfactory to the department
10-21 is filed with the department of:]
10-22 [(A) a release from liability for claims arising
10-23 out of the accident;]
10-24 [(B) a final adjudication that the person is not
10-25 liable for claims arising out of the accident; or]
10-26 [(C) an installment agreement described by
10-27 Section 601.154(d)(3).]
11-1 [(b) If a suspension is terminated under Subsection
11-2 (a)(3)(C), on notice of a default in the payment of an installment
11-3 under the agreement, the department shall promptly suspend the
11-4 driver's license and vehicle registration or nonresident's
11-5 operating privilege of the person defaulting. A suspension under
11-6 this subsection continues until:]
11-7 [(1) the person deposits and maintains security in
11-8 accordance with Section 601.153 in an amount determined by the
11-9 department at the time of suspension under this subsection and
11-10 files evidence of financial responsibility in accordance with
11-11 Section 601.153; or]
11-12 [(2) the second anniversary of the date security was
11-13 deposited under Subdivision (1) if, during that period, an action
11-14 on the agreement has not been instituted in a court in this state.]
11-15 [Sec. 601.163. FORM OF SECURITY. (a) The security required
11-16 under this subchapter shall be made:]
11-17 [(1) by cash deposit;]
11-18 [(2) through a bond that complies with Section
11-19 601.168; or]
11-20 [(3) in another form as required by the department.]
11-21 [(b) A person depositing security shall specify in writing
11-22 the person on whose behalf the deposit is made. A single deposit
11-23 of security is applicable only on behalf of persons required to
11-24 provide security because of the same accident and the same motor
11-25 vehicle.]
11-26 [(c) The person depositing the security may amend in writing
11-27 the specification of the person on whose behalf the deposit is made
12-1 to include an additional person. This amendment may be made at any
12-2 time the deposit is in the custody of the department or the
12-3 comptroller.]
12-4 [Sec. 601.164. REDUCTION IN SECURITY. (a) The department
12-5 may reduce the amount of security ordered in a case within six
12-6 months after the date of the accident if, in the department's
12-7 judgment, the amount is excessive.]
12-8 [(b) The amount of security originally deposited that
12-9 exceeds the reduced amount shall be returned promptly to the
12-10 depositor or the depositor's personal representative.]
12-11 [Sec. 601.165. CUSTODY OF CASH SECURITY. The department
12-12 shall place cash deposited in compliance with this subchapter in
12-13 the custody of the comptroller.]
12-14 [Sec. 601.166. PAYMENT OF CASH SECURITY. (a) Cash security
12-15 may be applied only to the payment of:]
12-16 [(1) a judgment rendered against the person on whose
12-17 behalf the deposit is made for damages arising out of the accident;
12-18 or]
12-19 [(2) a settlement, agreed to by the depositor, of a
12-20 claim arising out of the accident.]
12-21 [(b) For payment under Subsection (a), the action under
12-22 which the judgment was rendered must have been instituted before
12-23 the second anniversary of the later of:]
12-24 [(1) the date of the accident; or]
12-25 [(2) the date of the deposit, in the case of a deposit
12-26 of security under Section 601.162(b).]
12-27 [Sec. 601.167. RETURN OF CASH SECURITY. Cash security or
13-1 any balance of the security shall be returned to the depositor or
13-2 the depositor's personal representative when:]
13-3 [(1) evidence satisfactory to the department is filed
13-4 with the department that there has been:]
13-5 [(A) a release of liability;]
13-6 [(B) a final adjudication that the person on
13-7 whose behalf the deposit is made is not liable; or]
13-8 [(C) an agreement as described by Section
13-9 601.154(d)(3);]
13-10 [(2) reasonable evidence is provided to the department
13-11 after the second anniversary of the date of the accident that no
13-12 action arising out of the accident is pending and no judgment
13-13 rendered in such an action is unpaid; or]
13-14 [(3) in the case of a deposit of security under
13-15 Section 601.162(b), reasonable evidence is provided to the
13-16 department after the second anniversary of the date of the deposit
13-17 that no action arising out of the accident is pending and no unpaid
13-18 judgment rendered in such an action is unpaid.]
13-19 [Sec. 601.168. INSURANCE POLICY OR BOND; LIMITS. (a) A
13-20 bond or motor vehicle liability insurance policy under this
13-21 subchapter must:]
13-22 [(1) be issued by a surety company or insurance
13-23 company:]
13-24 [(A) authorized to write motor vehicle liability
13-25 insurance in this state; or]
13-26 [(B) that complies with Subsection (b); and]
13-27 [(2) cover the amounts, excluding interest and costs,
14-1 required to establish financial responsibility under Section
14-2 601.072.]
14-3 [(b) A bond or motor vehicle liability insurance policy
14-4 issued by a surety company or insurance company that is not
14-5 authorized to do business in this state is effective under this
14-6 subchapter only if:]
14-7 [(1) the bond or policy is issued for a motor vehicle
14-8 that:]
14-9 [(A) is not registered in this state; or]
14-10 [(B) was not registered in this state on the
14-11 effective date of the most recent renewal of the policy; and]
14-12 [(2) the surety company or insurance company executes
14-13 a power of attorney authorizing the department to accept on the
14-14 company's behalf service of notice or process in an action arising
14-15 out of the accident on the bond or policy.]
14-16 [(c) The bond must be filed with and approved by the
14-17 department.]
14-18 [Sec. 601.169. REASONABLE PROBABILITY NOT ADMISSIBLE IN
14-19 CIVIL SUIT. A determination under Section 601.154 or 601.157 that
14-20 there is a reasonable probability that a judgment will be rendered
14-21 against a person as a result of an accident may not be introduced
14-22 in evidence in a suit for damages arising from that accident.]
14-23 [Sec. 601.170. DEPARTMENT ACTING ON ERRONEOUS INFORMATION.
14-24 If the department is given erroneous information relating to a
14-25 matter covered by Section 601.151(b)(1) or (b)(2) or to a person's
14-26 status as an employee of the United States acting within the scope
14-27 of the person's employment, the department shall take appropriate
15-1 action as provided by this subchapter not later than the 60th day
15-2 after the date the department receives correct information.]
15-3 SECTION 2. Subchapters A, B, and C, Chapter 601,
15-4 Transportation Code, are amended to read as follows:
15-5 SUBCHAPTER A. GENERAL PROVISIONS
15-6 Sec. 601.001. [SHORT TITLE. This chapter may be cited as the
15-7 Texas Motor Vehicle Safety Responsibility Act.]
15-8 [Sec. 601.002.] DEFINITIONS. In this chapter:
15-9 (1) "Department" means the Department of Public
15-10 Safety.
15-11 (2) ["Driver's license" has the meaning assigned by
15-12 Section 521.001.]
15-13 [(3)] "Financial responsibility" means the ability to
15-14 respond in damages for liability for an accident that:
15-15 (A) occurs after the effective date of the
15-16 document evidencing the establishment of the financial
15-17 responsibility; and
15-18 (B) arises out of the ownership, maintenance, or
15-19 use of a motor vehicle.
15-20 (3) [(4)] "Highway" means the entire width between
15-21 property lines of a road, street, or way in this state that is not
15-22 privately owned or controlled and:
15-23 (A) some part of which is open to the public for
15-24 vehicular traffic; and
15-25 (B) over which the state has legislative
15-26 jurisdiction under its police power.
15-27 (4) [(5)] "Motor vehicle" means a self-propelled
16-1 vehicle designed for use on a highway, a trailer or semitrailer
16-2 designed for use with a self-propelled vehicle, or a vehicle
16-3 propelled by electric power from overhead wires and not operated on
16-4 rails. The term does not include:
16-5 (A) a traction engine;
16-6 (B) a road roller or grader;
16-7 (C) a tractor crane;
16-8 (D) a power shovel;
16-9 (E) a well driller; or
16-10 (F) an implement of husbandry.
16-11 [(6) "Nonresident" means a person who is not a
16-12 resident of this state.]
16-13 [(7) "Nonresident's operating privilege" means the
16-14 privilege conferred on a nonresident by the laws of this state
16-15 relating to the operation of a motor vehicle in this state by the
16-16 nonresident or the use in this state of a motor vehicle owned by
16-17 the nonresident.]
16-18 [Sec. 601.003. JUDGMENT; SATISFIED JUDGMENT. (a) For
16-19 purposes of this chapter, judgment refers only to a final judgment
16-20 that is no longer appealable or has been finally affirmed on appeal
16-21 and that was rendered by a court of any state, a province of
16-22 Canada, or the United States on a cause of action:]
16-23 [(1) for damages for bodily injury, death, or damage
16-24 to or destruction of property arising out of the ownership,
16-25 maintenance, or use of a motor vehicle; or]
16-26 [(2) on an agreement of settlement for damages for
16-27 bodily injury, death, or damage to or destruction of property
17-1 arising out of the ownership, maintenance, or use of a motor
17-2 vehicle.]
17-3 [(b) For purposes of this chapter, a judgment is considered
17-4 to be satisfied as to the appropriate part of the judgment set out
17-5 by this subsection if:]
17-6 [(1) the total amount credited on one or more
17-7 judgments for bodily injury to or death of one person resulting
17-8 from one accident equals or exceeds the amount required under
17-9 Section 601.072(a)(1) to establish financial responsibility;]
17-10 [(2) the total amount credited on one or more
17-11 judgments for bodily injury to or death of two or more persons
17-12 resulting from one accident equals or exceeds the amount required
17-13 under Section 601.072(a)(2) to establish financial responsibility;
17-14 or]
17-15 [(3) the total amount credited on one or more
17-16 judgments for damage to or destruction of property of another
17-17 resulting from one accident equals or exceeds the amount required
17-18 under Section 601.072(a)(3) to establish financial responsibility.]
17-19 [(c) In determining whether a judgment is satisfied under
17-20 Subsection (b), a payment made in settlement of a claim for damages
17-21 for bodily injury, death, or damage to or destruction of property
17-22 is considered to be an amount credited on a judgment.]
17-23 [(d) For purposes of this section:]
17-24 [(1) damages for bodily injury or death include
17-25 damages for care and loss of services; and]
17-26 [(2) damages for damage to or destruction of property
17-27 include damages for loss of use.]
18-1 Sec. 601.004. ACCIDENT REPORT. (a) The operator of a motor
18-2 vehicle that is involved in an accident in this state shall report
18-3 the accident to the department not later than the 10th day after
18-4 the date of the accident if:
18-5 (1) the accident is not investigated by a law
18-6 enforcement officer; and
18-7 (2) at least one person, including the operator,
18-8 sustained:
18-9 (A) bodily injury or death; or
18-10 (B) property damage to an apparent extent of at
18-11 least $500.
18-12 (b) If the operator is physically incapable of making the
18-13 report, the owner of the motor vehicle shall make the report not
18-14 later than the 10th day after the date the owner learns of the
18-15 accident.
18-16 (c) The report must be made in writing in the form
18-17 prescribed by the department [and must contain information as
18-18 necessary to enable the department to determine if the requirements
18-19 for the deposit of security under Subchapter F do not apply because
18-20 of the existence of insurance or an exception specified in this
18-21 chapter]. The operator or owner shall provide additional
18-22 information as required by the department.
18-23 (d) A written report of an accident made to the department
18-24 under Section 550.061 or 550.062 complies with this section if that
18-25 report contains the information required by this section.
18-26 [Sec. 601.005. EVIDENCE IN CIVIL SUIT. On the filing of a
18-27 report under Section 601.004, a person at a trial for damages may
19-1 not refer to or offer as evidence of the negligence or due care of
19-2 a party:]
19-3 [(1) an action taken by the department under this
19-4 chapter;]
19-5 [(2) the findings on which that action is based; or]
19-6 [(3) the security or evidence of financial
19-7 responsibility filed under this chapter.]
19-8 [Sec. 601.006. APPLICABILITY TO CERTAIN OWNERS AND
19-9 OPERATORS. If an owner or operator of a motor vehicle involved in
19-10 an accident in this state does not have a driver's license or
19-11 vehicle registration or is a nonresident, the person may not be
19-12 issued a driver's license or registration until the person has
19-13 complied with this chapter to the same extent that would be
19-14 necessary if, at the time of the accident, the person had a
19-15 driver's license or registration.]
19-16 Sec. 601.005 [601.007]. APPLICABILITY OF CHAPTER TO
19-17 GOVERNMENT VEHICLES. (a) This chapter does not apply to a
19-18 government vehicle.
19-19 (b) The provisions of this chapter, other than Section
19-20 601.004, do not apply to an officer, agent, or employee of the
19-21 United States, this state, or a political subdivision of this state
19-22 while operating a government vehicle in the course of that person's
19-23 employment.
19-24 (c) [The provisions of this chapter, other than Sections
19-25 601.004 and 601.054, do not apply to a motor vehicle that is
19-26 subject to Chapter 643.]
19-27 [(d)] In this section, "government vehicle" means a motor
20-1 vehicle owned by the United States, this state, or a political
20-2 subdivision of this state.
20-3 [Sec. 601.008. VIOLATION OF CHAPTER; OFFENSE. (a) A person
20-4 commits an offense if the person violates a provision of this
20-5 chapter for which a penalty is not otherwise provided.]
20-6 [(b) An offense under this section is a misdemeanor
20-7 punishable by:]
20-8 [(1) a fine not to exceed $500;]
20-9 [(2) confinement in county jail for a term not to
20-10 exceed 90 days; or]
20-11 [(3) both the fine and the confinement.]
20-12 [Sec. 601.009. REPORT FROM OTHER STATE OR CANADA. (a) On
20-13 receipt of a certification by the department that the operating
20-14 privilege of a resident of this state has been suspended or revoked
20-15 in another state or a province of Canada under a financial
20-16 responsibility law, the department shall contact the official who
20-17 issued the certification to request information relating to the
20-18 specific nature of the resident's failure to comply.]
20-19 [(b) Except as provided by Subsection (c), the department
20-20 shall suspend the resident's driver's license and vehicle
20-21 registrations if the evidence shows that the resident's operating
20-22 privilege was suspended in the other state or the province for
20-23 violation of a financial responsibility law under circumstances
20-24 that would require the department to suspend a nonresident's
20-25 operating privilege had the accident occurred in this state.]
20-26 [(c) The department may not suspend the resident's driver's
20-27 license and registration if the alleged failure to comply is based
21-1 on the failure of the resident's insurance company or surety
21-2 company to:]
21-3 [(1) obtain authorization to write motor vehicle
21-4 liability insurance in the other state or the province; or]
21-5 [(2) execute a power of attorney directing the
21-6 appropriate official in the other state or the province to accept
21-7 on the company's behalf service of notice or process in an action
21-8 under the policy arising out of an accident.]
21-9 [(d) Suspension of a driver's license and vehicle
21-10 registrations under this section continues until the resident
21-11 furnishes evidence of compliance with the financial responsibility
21-12 law of the other state or the province.]
21-13 [(e) In this section, "financial responsibility law" means a
21-14 law authorizing suspension or revocation of an operating privilege
21-15 for failure to:]
21-16 [(1) deposit security for the payment of a judgment;]
21-17 [(2) satisfy a judgment; or]
21-18 [(3) file evidence of financial responsibility.]
21-19 SUBCHAPTER B. [ADMINISTRATION BY] DEPARTMENT
21-20 CERTIFICATION OF RECORDS
21-21 [Sec. 601.021. DEPARTMENT POWERS AND DUTIES; RULES. The
21-22 department shall:]
21-23 [(1) administer and enforce this chapter; and]
21-24 [(2) provide for hearings on the request of a person
21-25 aggrieved by an act of the department under this chapter.]
21-26 Sec. 601.022. DEPARTMENT TO PROVIDE OPERATING RECORD. (a)
21-27 The department, on request and receipt of the required fee, shall
22-1 provide any person a certified abstract of the record of conviction
22-2 of a person subject to this chapter for violation of a law relating
22-3 to the operation of a motor vehicle or the record of any injury or
22-4 damage caused by the person's operation of a motor vehicle if the
22-5 requestor is eligible to receive the information under Chapter 730.
22-6 (b) If a record described by Subsection (a) does not exist,
22-7 the department shall certify that fact.
22-8 (c) A request for a certified abstract under this section
22-9 must be accompanied by a $20 fee for each abstract.
22-10 [Sec. 601.023. PAYMENT OF STATUTORY FEES. The department
22-11 may pay:]
22-12 [(1) a statutory fee required by the Texas Department
22-13 of Transportation for a certified abstract or in connection with
22-14 suspension of a vehicle registration; or]
22-15 [(2) a statutory fee payable to the comptroller for
22-16 issuance of a certificate of deposit required by Section 601.122.]
22-17 SUBCHAPTER C. FINANCIAL RESPONSIBILITY[; REQUIREMENTS]
22-18 Sec. 601.051. MANNER OF ESTABLISHING [REQUIREMENT OF]
22-19 FINANCIAL RESPONSIBILITY. (a) A person may establish [not operate
22-20 a motor vehicle in this state unless] financial responsibility [is
22-21 established] for a motor [that] vehicle through:
22-22 (1) a motor vehicle liability insurance policy that
22-23 complies with Subchapter D;
22-24 (2) a surety bond filed under Section 601.121;
22-25 (3) a deposit under Section 601.122;
22-26 (4) a deposit under Section 601.123; or
22-27 (5) self-insurance under Section 601.124.
23-1 (b) For a motor vehicle subject to Chapter 643, financial
23-2 responsibility may be established in the manner provided by Section
23-3 643.101 or 643.102.
23-4 [Sec. 601.052. EXCEPTIONS TO FINANCIAL RESPONSIBILITY
23-5 REQUIREMENT. (a) Section 601.051 does not apply to:]
23-6 [(1) the operation of a motor vehicle that:]
23-7 [(A) is a former military vehicle or is at least
23-8 25 years old;]
23-9 [(B) is used only for exhibitions, club
23-10 activities, parades, and other functions of public interest and not
23-11 for regular transportation; and]
23-12 [(C) for which the owner files with the
23-13 department an affidavit, signed by the owner, stating that the
23-14 vehicle is a collector's item and used only as described by
23-15 Paragraph (B);]
23-16 [(2) the operation of a golf cart not required to be
23-17 registered under Section 502.284; or]
23-18 [(3) a volunteer fire department for the operation of
23-19 a motor vehicle the title of which is held in the name of a
23-20 volunteer fire department.]
23-21 [(b) Subsection (a)(3) does not exempt from the requirement
23-22 of Section 601.051 a person who is operating a vehicle described by
23-23 that subsection.]
23-24 [(c) In this section:]
23-25 [(1) "Former military vehicle" has the meaning
23-26 assigned by Section 502.275(o).]
23-27 [(2) "Volunteer fire department" means a company,
24-1 department, or association that is:]
24-2 [(A) organized in an unincorporated area to
24-3 answer fire alarms and extinguish fires or to answer fire alarms,
24-4 extinguish fires, and provide emergency medical services; and]
24-5 [(B) composed of members who:]
24-6 [(i) do not receive compensation; or]
24-7 [(ii) receive only nominal compensation.]
24-8 [Sec. 601.053. EVIDENCE OF FINANCIAL RESPONSIBILITY. (a)
24-9 As a condition of operating in this state a motor vehicle to which
24-10 Section 601.051 applies, the operator of the vehicle on request
24-11 shall provide to a peace officer, as defined by Article 2.12, Code
24-12 of Criminal Procedure, or a person involved in an accident with the
24-13 operator evidence of financial responsibility by exhibiting:]
24-14 [(1) a motor vehicle liability insurance policy
24-15 covering the vehicle that satisfies Subchapter D or a photocopy of
24-16 the policy;]
24-17 [(2) a standard proof of motor vehicle liability
24-18 insurance form prescribed by the Texas Department of Insurance
24-19 under Section 601.081 and issued by a liability insurer for the
24-20 motor vehicle;]
24-21 [(3) an insurance binder that confirms the operator is
24-22 in compliance with this chapter;]
24-23 [(4) a surety bond certificate issued under Section
24-24 601.121;]
24-25 [(5) a certificate of a deposit with the comptroller
24-26 covering the vehicle issued under Section 601.122;]
24-27 [(6) a copy of a certificate of a deposit with the
25-1 appropriate county judge covering the vehicle issued under Section
25-2 601.123; or]
25-3 [(7) a certificate of self-insurance covering the
25-4 vehicle issued under Section 601.124 or a photocopy of the
25-5 certificate.]
25-6 [(b) An operator who does not exhibit evidence of financial
25-7 responsibility under Subsection (a) is presumed to have operated
25-8 the vehicle in violation of Section 601.051.]
25-9 [Sec. 601.054. OWNER MAY PROVIDE EVIDENCE OF FINANCIAL
25-10 RESPONSIBILITY FOR OTHERS. (a) The department shall accept
25-11 evidence of financial responsibility from an owner for another
25-12 person required to establish evidence of financial responsibility
25-13 if the other person is:]
25-14 [(1) an operator employed by the owner; or]
25-15 [(2) a member of the owner's immediate family or
25-16 household.]
25-17 [(b) The evidence of financial responsibility applies to a
25-18 person who becomes subject to Subsection (a)(1) or (2) after the
25-19 effective date of that evidence.]
25-20 [(c) Evidence of financial responsibility accepted by the
25-21 department under Subsection (a) is a substitute for evidence by the
25-22 other person and permits the other person to operate a motor
25-23 vehicle for which the owner has provided evidence of financial
25-24 responsibility.]
25-25 [(d) The department shall designate the restrictions imposed
25-26 by this section on the face of the other person's driver's license.]
25-27 [Sec. 601.055. SUBSTITUTION OF EVIDENCE OF FINANCIAL
26-1 RESPONSIBILITY. (a) If a person who has filed evidence of
26-2 financial responsibility substitutes other evidence of financial
26-3 responsibility that complies with this chapter, and the department
26-4 accepts the other evidence, the department shall:]
26-5 [(1) consent to the cancellation of a bond or
26-6 certificate of insurance filed as evidence of financial
26-7 responsibility; or]
26-8 [(2) direct the comptroller to return money or
26-9 securities deposited with the comptroller as evidence of financial
26-10 responsibility to the person entitled to the return of the money or
26-11 securities.]
26-12 [(b) The comptroller shall return money or securities
26-13 deposited with the comptroller in accordance with the direction of
26-14 the department under Subsection (a)(2).]
26-15 [Sec. 601.056. CANCELLATION, RETURN, OR WAIVER OF EVIDENCE
26-16 OF FINANCIAL RESPONSIBILITY. (a) As provided by this section, the
26-17 department, on request, shall:]
26-18 [(1) consent to the cancellation of a bond or
26-19 certificate of insurance filed as evidence of financial
26-20 responsibility;]
26-21 [(2) direct the comptroller to return money or
26-22 securities deposited with the comptroller as evidence of financial
26-23 responsibility to the person entitled to the return of the money or
26-24 securities; or]
26-25 [(3) waive the requirement of filing evidence of
26-26 financial responsibility.]
26-27 [(b) Evidence of financial responsibility may be canceled,
27-1 returned, or waived under Subsection (a) if:]
27-2 [(1) the department, during the two years preceding
27-3 the request, has not received a record of a conviction or a
27-4 forfeiture of bail that would require or permit the suspension or
27-5 revocation of the driver's license, vehicle registration, or
27-6 nonresident's operating privilege of the person by or for whom the
27-7 evidence was provided;]
27-8 [(2) the person for whom the evidence of financial
27-9 responsibility was provided dies or has a permanent incapacity to
27-10 operate a motor vehicle; or]
27-11 [(3) the person for whom the evidence of financial
27-12 responsibility was provided surrenders the person's license and
27-13 vehicle registration to the department.]
27-14 [(c) A cancellation, return, or waiver under Subsection
27-15 (b)(1) may be made only after the second anniversary of the date
27-16 the evidence of financial responsibility was required.]
27-17 [(d) The comptroller shall return the money or securities as
27-18 directed by the department under Subsection (a)(2).]
27-19 [(e) The department may not act under Subsection (a)(1) or
27-20 (2) if:]
27-21 [(1) an action for damages on a liability covered by
27-22 the evidence of financial responsibility is pending;]
27-23 [(2) a judgment for damages on a liability covered by
27-24 the evidence of financial responsibility is not satisfied; or]
27-25 [(3) the person for whom the bond has been filed or
27-26 for whom money or securities have been deposited has, within the
27-27 two years preceding the request for cancellation or return of the
28-1 evidence of financial responsibility, been involved as an operator
28-2 or owner in a motor vehicle accident resulting in bodily injury to,
28-3 or property damage to the property of, another person.]
28-4 [(f) In the absence of evidence to the contrary in the
28-5 records of the department, the department shall accept as
28-6 sufficient an affidavit of the person requesting action under
28-7 Subsection (a) stating that:]
28-8 [(1) the facts described by Subsection (e) do not
28-9 exist; or]
28-10 [(2) the person has been released from the liability
28-11 or has been finally adjudicated as not liable for bodily injury or
28-12 property damage described by Subsection (e)(3).]
28-13 [(g) A person whose evidence of financial responsibility has
28-14 been canceled or returned under Subsection (b)(3) may not be issued
28-15 a new driver's license or vehicle registration unless the person
28-16 establishes financial responsibility for the remainder of the
28-17 two-year period beginning on the date the evidence of financial
28-18 responsibility was required.]
28-19 [Sec. 601.057. EVIDENCE THAT DOES NOT FULFILL REQUIREMENTS;
28-20 SUSPENSION. If evidence filed with the department does not
28-21 continue to fulfill the purpose for which it was required, the
28-22 department shall suspend the driver's license and all vehicle
28-23 registrations or nonresident's operating privilege of the person
28-24 who filed the evidence pending the filing of other evidence of
28-25 financial responsibility.]
28-26 SECTION 3. Section 601.071, Transportation Code, is amended
28-27 to read as follows:
29-1 Sec. 601.071. MOTOR VEHICLE LIABILITY INSURANCE;
29-2 REQUIREMENTS. (a) For purposes of this chapter, a motor vehicle
29-3 liability insurance policy must be an owner's or operator's policy
29-4 that:
29-5 (1) except as provided by Subsection (b) [Section
29-6 601.083], is issued by an insurance company authorized to write
29-7 motor vehicle liability insurance in this state;
29-8 (2) is written to or for the benefit of the person
29-9 named in the policy as the insured; and
29-10 (3) meets the requirements of this subchapter.
29-11 (b) Subsection (a)(1) does not apply to a policy that is
29-12 written to or for the benefit of a person who is not a resident of
29-13 this state.
29-14 SECTION 4. The heading of Subtitle D, Title 7,
29-15 Transportation Code, is amended to read as follows:
29-16 SUBTITLE D. FINANCIAL [MOTOR VEHICLE SAFETY] RESPONSIBILITY
29-17 SECTION 5. The heading of Chapter 601, Transportation Code,
29-18 is amended to read as follows:
29-19 CHAPTER 601. FINANCIAL [MOTOR VEHICLE SAFETY] RESPONSIBILITY;
29-20 LIABILITY FOR MOTOR VEHICLE ACCIDENTS [ACT]
29-21 SECTION 6. Section 502.352(c), Transportation Code, is
29-22 amended to read as follows:
29-23 (c) A person may obtain a permit under this section by:
29-24 (1) applying to the county assessor-collector, the
29-25 department, or the department's wire service agent, if the
29-26 department has a wire service agent;
29-27 (2) paying a fee of $25 for a 72-hour permit or $50
30-1 for a 144-hour permit:
30-2 (A) in cash;
30-3 (B) by postal money order;
30-4 (C) by certified check;
30-5 (D) by wire transfer through the department's
30-6 wire service agent, if any;
30-7 (E) by an escrow account; or
30-8 (F) where the service is provided, by a credit
30-9 card issued by:
30-10 (i) a financial institution chartered by a
30-11 state or the United States; or
30-12 (ii) a nationally recognized credit
30-13 organization approved by the Texas Transportation Commission;
30-14 (3) paying a discount or service charge for a credit
30-15 card payment or escrow account, in addition to the fee; and
30-16 (4) furnishing to the county assessor-collector, the
30-17 department, or the department's wire service agent, evidence that
30-18 [of] financial responsibility for the vehicle has been established
30-19 that complies with Subchapter D, Chapter 601, [Sections 502.153(c)
30-20 and 601.168(a) and] is written by an insurance company or surety
30-21 company authorized to write motor vehicle liability insurance in
30-22 this state.
30-23 SECTION 7. Section 502.353(d), Transportation Code, is
30-24 amended to read as follows:
30-25 (d) A person may obtain a permit under this section by:
30-26 (1) applying to the department;
30-27 (2) paying a fee in the amount required by Subsection
31-1 (e) in cash or by postal money order or certified check; and
31-2 (3) furnishing evidence that [of] financial
31-3 responsibility has been established for the motor vehicle that
31-4 complies with Subchapter D, Chapter 601 [Sections 502.153(c) and
31-5 601.168(a)], the policies to be written by an insurance company or
31-6 surety company authorized to write motor vehicle liability
31-7 insurance in this state.
31-8 SECTION 8. Section 502.355(c), Transportation Code, is
31-9 amended to read as follows:
31-10 (c) A person may obtain a permit under this section by:
31-11 (1) applying to the department on a form prescribed by
31-12 the department;
31-13 (2) paying a fee equal to 1/12 the registration fee
31-14 prescribed by this chapter for the vehicle; and
31-15 (3) [furnishing satisfactory evidence that the motor
31-16 vehicle is insured under an insurance policy that complies with
31-17 Section 601.072 and that is written by:]
31-18 [(A) an insurance company or surety company
31-19 authorized to write motor vehicle liability insurance in this
31-20 state; or]
31-21 [(B) with the department's approval, a surplus
31-22 lines insurer that meets the requirements of Article 1.14-2,
31-23 Insurance Code, and rules adopted by the commissioner of insurance
31-24 under that article, if the applicant is unable to obtain insurance
31-25 from an insurer described by Paragraph (A); and]
31-26 [(4)] furnishing evidence that the vehicle has been
31-27 inspected as required under Chapter 548.
32-1 SECTION 9. Section 521.244(c), Transportation Code, is
32-2 amended to read as follows:
32-3 (c) If the judge finds that there is an essential need, the
32-4 judge also, as part of the order, shall[:]
32-5 [(1)] determine the actual need of the petitioner to
32-6 operate a motor vehicle[; and]
32-7 [(2) require the petitioner to provide evidence of
32-8 financial responsibility in accordance with Chapter 601].
32-9 SECTION 10. Section 521.249(b), Transportation Code, is
32-10 amended to read as follows:
32-11 (b) On receipt of the copy under this section [and after
32-12 compliance with Chapter 601], the department shall issue an
32-13 occupational license to the person. The license must refer on its
32-14 face to the court order.
32-15 SECTION 11. Section 521.457(f), Transportation Code, is
32-16 amended to read as follows:
32-17 (f) If it is shown on the trial of an offense under this
32-18 section that the person has previously been convicted of an offense
32-19 under this section or Section 601.371(a), as it existed before its
32-20 repeal effective January 1, 2000, the offense is a Class A
32-21 misdemeanor.
32-22 SECTION 12. Section 522.092, Transportation Code, is amended
32-23 to read as follows:
32-24 Sec. 522.092. SUSPENSION, REVOCATION, CANCELLATION, OR
32-25 DENIAL OF DRIVER'S LICENSE UNDER OTHER LAWS. A person subject to
32-26 disqualification under this chapter may also have the person's
32-27 driver's license suspended, revoked, canceled, or denied under one
33-1 or more of the following, if the conduct that is a ground for
33-2 disqualification is also a ground for the suspension, revocation,
33-3 cancellation, or denial of a driver's license suspension under:
33-4 (1) Chapter 521;
33-5 (2) Chapter 524; or
33-6 (3) [Chapter 601; or]
33-7 [(4)] Chapter 724.
33-8 SECTION 13. Section 543.103(b), Transportation Code, is
33-9 amended to read as follows:
33-10 (b) Subsection (a) applies only if:
33-11 (1) the person enters a plea in person or in writing
33-12 of no contest or guilty and, before the answer date on the notice
33-13 to appear:
33-14 (A) presents in person to the court an oral or
33-15 written request to take a course; or
33-16 (B) sends to the court by certified mail, return
33-17 receipt requested, postmarked on or before the answer date on the
33-18 notice to appear, a written request to take a course;
33-19 (2) the court enters judgment on the person's plea of
33-20 no contest or guilty at the time the plea is made but defers
33-21 imposition of the judgment for 90 days;
33-22 (3) the person has a Texas driver's license or permit;
33-23 (4) the person's driving record as maintained by the
33-24 department does not show successful completion of a driving safety
33-25 course or a motorcycle operator training course, as appropriate,
33-26 under this section within one year before the date of the alleged
33-27 violation;
34-1 (5) the person files an affidavit with the court
34-2 stating that the person is not taking a course under this section
34-3 and has not completed a course under this section that is not shown
34-4 on the person's driving record; and
34-5 (6) the person is charged with an offense to which
34-6 this subchapter applies other than speeding 25 miles per hour or
34-7 more over the posted speed limit[; and]
34-8 [(7) the person provides evidence of financial
34-9 responsibility as required by Chapter 601].
34-10 SECTION 14. Section 600.002, Transportation Code, is amended
34-11 to read as follows:
34-12 Sec. 600.002. IDENTIFICATION REQUIRED FOR VEHICLE NEAR
34-13 MEXICAN BORDER. On demand of a peace officer within 250 feet of
34-14 the Mexican border at a checkpoint authorized by Section 411.0095,
34-15 Government Code, [as added by Chapter 497, Acts of the 73rd
34-16 Legislature, Regular Session, 1993,] the driver of a vehicle shall
34-17 produce a driver's license [and proof of compliance with Chapter
34-18 601].
34-19 SECTION 15. Section 729.001(a), Transportation Code, is
34-20 amended to read as follows:
34-21 (a) A person who is younger than 17 years of age commits an
34-22 offense if the person operates a motor vehicle on a public road or
34-23 highway, a street or alley in a municipality, or a public beach in
34-24 violation of any traffic law of this state, including:
34-25 (1) Chapter 502, other than Section 502.282 or
34-26 502.412;
34-27 (2) Chapter 521;
35-1 (3) Subtitle C, other than an offense under Section
35-2 550.021, 550.022, or 550.024;
35-3 (4) [Chapter 601;]
35-4 [(5)] Chapter 621;
35-5 (5) [(6)] Chapter 661; and
35-6 (6) [(7)] Chapter 681.
35-7 SECTION 16. Section 84.004(c), Civil Practice and Remedies
35-8 Code, is amended to read as follows:
35-9 (c) A volunteer of a charitable organization is liable to a
35-10 person for death, damage, or injury to the person or his property
35-11 proximately caused by any act or omission arising from the
35-12 operation or use of any motor-driven equipment, including an
35-13 airplane, to the extent, for a motor vehicle, of the limits of
35-14 liability required to establish financial responsibility under
35-15 Section 601.072 [insurance coverage is required by Chapter 601],
35-16 Transportation Code, and to the extent of any existing insurance
35-17 coverage applicable to the act or omission.
35-18 SECTION 17. Section 61.096(b), Human Resources Code, is
35-19 amended to read as follows:
35-20 (b) A volunteer is liable for personal injury, death, or
35-21 property damage proximately caused by an act or omission related to
35-22 the operation or use of any motor-driven equipment to the extent of
35-23 the greater of:
35-24 (1) the limits of liability required to establish
35-25 financial responsibility [amount of financial responsibility
35-26 required] for the motor-driven equipment, if any, under Section
35-27 601.072 [Chapter 601], Transportation Code; or
36-1 (2) the amount of any liability insurance coverage
36-2 that applies to the act or omission.
36-3 SECTION 18. Section 612.001(b), Government Code, is amended
36-4 to read as follows:
36-5 (b) The liability coverage provided under this section must
36-6 be in amounts not less than the limits of liability required to
36-7 establish financial responsibility under Section 601.072 [those
36-8 required by Chapter 601], Transportation Code[, to provide evidence
36-9 of financial responsibility].
36-10 SECTION 19. Section 2001.221, Government Code, is amended to
36-11 read as follows:
36-12 Sec. 2001.221. DRIVER'S LICENSES. This chapter does not
36-13 apply to a suspension, revocation, cancellation, denial, or
36-14 disqualification of a driver's license or commercial driver's
36-15 license as authorized by:
36-16 (1) Subchapter N, Chapter 521, Transportation Code,
36-17 except Sections 521.296 and 521.297 of that subchapter, or by
36-18 Subchapter O or P of that chapter;
36-19 (2) Chapter 522, Transportation Code; or
36-20 (3) [Chapter 601, Transportation Code; or]
36-21 [(4)] Section 13, Article 42.12, Code of Criminal
36-22 Procedure.
36-23 SECTION 20. Section 2002.023, Government Code, is amended to
36-24 read as follows:
36-25 Sec. 2002.023. EXCEPTIONS. This subchapter does not apply
36-26 to:
36-27 (1) a suspension, revocation, cancellation, denial, or
37-1 disqualification of a driver's license or commercial driver's
37-2 license as authorized by:
37-3 (A) Subchapter N, Chapter 521, Transportation
37-4 Code, except Sections 521.296 and 521.297 of that subchapter, or by
37-5 Subchapter O or P of that chapter;
37-6 (B) Chapter 522, Transportation Code;
37-7 (C) [Chapter 601, Transportation Code;]
37-8 [(D)] Chapter 724, Transportation Code; or
37-9 (D) [(E)] Section 13, Article 42.12, Code of
37-10 Criminal Procedure;
37-11 (2) matters related solely to the internal personnel
37-12 rules and practices of a state agency;
37-13 (3) the Texas Workforce Commission, other than to
37-14 matters of unemployment insurance maintained by the commission; or
37-15 (4) a rule or internal procedure of the Texas
37-16 Department of Criminal Justice or Texas Board of Criminal Justice
37-17 that applies to an inmate or any other person under the custody or
37-18 control of the department or to an action taken under that rule or
37-19 procedure.
37-20 SECTION 21. Section 142.006(c), Local Government Code, is
37-21 amended to read as follows:
37-22 (c) The liability coverage provided under this section must
37-23 be in amounts not less than the limits of liability required to
37-24 establish financial responsibility under Section 601.072 [those
37-25 required by Chapter 601], Transportation Code[, to provide proof of
37-26 financial responsibility].
37-27 SECTION 22. Section 157.042(d), Local Government Code, is
38-1 amended to read as follows:
38-2 (d) Liability coverage required under this section must be
38-3 in amounts equal to or greater than the limits of liability
38-4 required to establish financial responsibility under Section
38-5 601.072 [amounts required by Chapter 601], Transportation Code.
38-6 SECTION 23. Section 113.097(d), Natural Resources Code, is
38-7 amended to read as follows:
38-8 (d) Each category "C," "E," "H," or "J" licensee must carry
38-9 motor vehicle bodily injury and property damage liability coverage
38-10 on each motor vehicle, including trailers and semitrailers, used to
38-11 transport LP-gas. The commission shall establish by rule a
38-12 reasonable amount of coverage to be maintained, except that
38-13 coverage shall not be less than the amounts required to establish
38-14 [as evidence of] financial responsibility under Section 601.072
38-15 [Chapter 601], Transportation Code.
38-16 SECTION 24. Article 5.01-1, Insurance Code, is amended to
38-17 read as follows:
38-18 Art. 5.01-1. PREMIUM RATING PLANS. A rating plan respecting
38-19 the writing of motor vehicle insurance, other than insurance
38-20 written under Article 21.81 of this code [pursuant to Section 35 of
38-21 the Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
38-22 Vernon's Texas Civil Statutes)], may not assign any rate
38-23 consequence to a charge or conviction, or otherwise cause premiums
38-24 for motor vehicle insurance to be increased because of a charge or
38-25 conviction for a violation of Subtitle C, Title 7, Transportation
38-26 Code [the Uniform Act Regulating Traffic on Highways, as amended
38-27 (Article 6701d, Vernon's Texas Civil Statutes)].
39-1 SECTION 25. Subsection (1), Article 5.06-1, Insurance Code,
39-2 is amended to read as follows:
39-3 (1) No automobile liability insurance, [(]including
39-4 insurance issued pursuant to an Assigned Risk Plan established
39-5 under authority of Article 21.81 of this code [Section 35 of the
39-6 Texas Motor Vehicle Safety-Responsibility Act)], covering liability
39-7 arising out of the ownership, maintenance, or use of any motor
39-8 vehicle shall be delivered or issued for delivery in this state
39-9 unless coverage is provided therein or supplemental thereto, in at
39-10 least the limits described by Section 601.072, Transportation Code,
39-11 [in the Texas Motor Vehicle Safety-Responsibility Act,] under
39-12 provisions and subject to limits prescribed by the commissioner
39-13 [Board], for the protection of persons insured thereunder who are
39-14 legally entitled to recover damages from owners or operators of
39-15 uninsured or underinsured motor vehicles because of bodily injury,
39-16 sickness, or disease, including death, or property damage resulting
39-17 therefrom. The coverages required under this Article shall not be
39-18 applicable where any insured named in the policy shall reject the
39-19 coverage in writing; provided that unless the named insured
39-20 thereafter requests such coverage in writing, such coverage need
39-21 not be provided in or supplemental to a renewal policy where the
39-22 named insured has rejected the coverage in connection with a policy
39-23 previously issued to him by the same insurer or by an affiliated
39-24 insurer.
39-25 SECTION 26. Article 5.06-2(1), Insurance Code, is amended to
39-26 read as follows:
39-27 (1) Definitions. As used in this Act:
40-1 (a) "Garage Insurance" means motor vehicle or
40-2 automobile insurance as defined in Article 5.01 hereof issued to a
40-3 named insured engaged in the business of selling, servicing or
40-4 repairing motor vehicles as now or hereafter defined by rules,
40-5 regulations or orders of the commissioner. [State Board of
40-6 Insurance;]
40-7 (b) "Garage Customer" means any person or organization
40-8 other than the named insured, or an employee, director, officer,
40-9 stockholder, partner, or agent of the named insured; or a resident
40-10 of the same household as the named insured, such employee,
40-11 director, officer, stockholder, partner, or agent. [;]
40-12 (c) "Financial Responsibility Limits" means the
40-13 minimum limits specified by Section 601.072, Transportation Code
40-14 [the Texas Motor Vehicle Safety-Responsibility Act].
40-15 SECTION 27. Article 5.06-3(a), Insurance Code, is amended to
40-16 read as follows:
40-17 (a) No automobile liability insurance policy, including
40-18 insurance issued pursuant to an assigned risk plan established
40-19 under Article 21.81 of this code [authority of Section 35 of the
40-20 Texas Motor Vehicle Safety-Responsibility Act], covering liability
40-21 arising out of the ownership, maintenance, or use of any motor
40-22 vehicle shall be delivered or issued for delivery in this state
40-23 unless personal injury protection coverage is provided therein or
40-24 supplemental thereto. The coverage required by this article shall
40-25 not be applicable if any insured named in the policy shall reject
40-26 the coverage in writing; provided, unless the named insured
40-27 thereafter requests such coverage in writing, such coverage need
41-1 not be provided in or supplemental to a renewal policy if the named
41-2 insured has rejected the coverage in connection with a policy
41-3 previously issued to him by the same insurer or by an affiliated
41-4 insurer.
41-5 SECTION 28. Section 1(3), Article 21.81, Insurance Code, is
41-6 amended to read as follows:
41-7 (3) "Insurance" means a motor vehicle liability [an]
41-8 insurance policy that may be used to establish financial
41-9 responsibility under Chapter 601, Transportation Code [meets the
41-10 requirements of the Texas Motor Vehicle Safety-Responsibility Act
41-11 (Article 6701h, Vernon's Texas Civil Statutes)].
41-12 SECTION 29. Section 4(a), Article 21.81, Insurance Code, is
41-13 amended to read as follows:
41-14 (a) The association shall provide a means by which insurance
41-15 may be assigned to an authorized insurance company for a person who
41-16 is eligible for insurance under this article [required by the Texas
41-17 Motor Vehicle Safety-Responsibility Act (Article 6701h, Vernon's
41-18 Texas Civil Statutes) to show proof of financial responsibility for
41-19 the future].
41-20 SECTION 30. Section 3(d), Article 21.81, Insurance Code, is
41-21 amended to read as follows:
41-22 (d) If the commissioner at any time believes that any part
41-23 of the plan of operation is not in keeping with the purposes of
41-24 Chapter 601, Transportation Code [the Texas Motor Vehicle
41-25 Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
41-26 Statutes)], the commissioner shall notify the governing committee
41-27 in writing so that the governing committee may take corrective
42-1 action.
42-2 SECTION 31. The following laws are repealed:
42-3 (1) Sections 502.153, 521.143, 548.105, 601.081,
42-4 601.082, 601.083, 601.084, 601.085, 601.086, 601.087, and 601.088,
42-5 Transportation Code; and
42-6 (2) Subchapters G, H, I, J, K, L, and M, Chapter 601,
42-7 Transportation Code.
42-8 SECTION 32. Subchapter F, Chapter 601, Transportation Code,
42-9 as amended by this Act, applies only to a cause of action that
42-10 accrues on or after the effective date of this Act. A cause of
42-11 action that accrues before the effective date of this Act is
42-12 governed by the law as it existed immediately before the effective
42-13 date of this Act, and that law is continued in effect for this
42-14 purpose.
42-15 SECTION 33. (a) The change in law made by this Act applies
42-16 only to the punishment for an offense committed on or after the
42-17 effective date of this Act. For purposes of this section, an
42-18 offense is committed before the effective date of this Act if any
42-19 element of the offense occurs before the effective date.
42-20 (b) An offense committed before the effective date of this
42-21 Act is covered by the law in effect when the offense was committed,
42-22 and the former law is continued in effect for this purpose.
42-23 SECTION 34. The change in law made by this Act to Section
42-24 84.004(c), Civil Practice and Remedies Code, and Section 61.096(b),
42-25 Human Resources Code, applies only to a cause of action that
42-26 accrues on or after the effective date of this Act. A cause of
42-27 action that accrued before the effective date of this Act is
43-1 governed by the law as it existed immediately before the effective
43-2 date of this Act, and that law is continued in effect for this
43-3 purpose.
43-4 SECTION 35. The change in law made by this Act to Section
43-5 113.097(d), Natural Resources Code, applies only to the issuance of
43-6 a license on or after the effective date of this Act.
43-7 SECTION 36. The change in law made by Sections 24-30 of this
43-8 Act applies only to an insurance policy that is delivered, issued
43-9 for delivery, or renewed on or after the effective date of this
43-10 Act. A policy that is delivered, issued for delivery, or renewed
43-11 before the effective date of this Act is governed by the law as it
43-12 existed immediately before that date, and that law is continued in
43-13 effect for this purpose.
43-14 SECTION 37. This Act takes effect January 1, 2000.
43-15 SECTION 38. The importance of this legislation and the
43-16 crowded condition of the calendars in both houses create an
43-17 emergency and an imperative public necessity that the
43-18 constitutional rule requiring bills to be read on three several
43-19 days in each house be suspended, and this rule is hereby suspended.