By Gutierrez, West, Cuellar, Thompson,                H.B. No. 2793
         76R8833 WP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to motor vehicle insurance verification and creating the
 1-3     motor vehicle insurance verification program; providing
 1-4     administrative and criminal penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 601, Transportation Code, is amended by
 1-7     adding Subchapter N to read as follows:
 1-8         SUBCHAPTER N. MOTOR VEHICLE INSURANCE VERIFICATION PROGRAM;
 1-9                              INSURER REPORTING
1-10           Sec. 601.440.  DEFINITIONS.  In this subchapter:
1-11                 (1)  "Database" means the motor vehicle insurance
1-12     verification database established under this subchapter.
1-13                 (2)  "Designated agent" means a third party
1-14     administering the program under contract with the department.
1-15                 (3)  "Program" means the Motor Vehicle Insurance
1-16     Verification Program established under this subchapter.
1-17           Sec. 601.441.  ESTABLISHMENT OF PROGRAM.  (a)  The department
1-18     shall establish the Motor Vehicle Insurance Verification Program to
1-19     verify compliance with this chapter.
1-20           (b)  The department by rule shall administer the program with
1-21     the assistance of a designated agent.
1-22           (c)  The program must comply with the Driver's Privacy
1-23     Protection Act of 1994 (18 U.S.C. Section 2721 et seq.).
1-24           Sec. 601.442.  DESIGNATED AGENT; MAINTENANCE OF DATABASE.
 2-1     (a)  The department shall contract with a third party to act as the
 2-2     department's designated agent under this subchapter.   The contract
 2-3     may be awarded under a competitive bid procedure as provided by
 2-4     department rule.  The contract may not obligate the department to
 2-5     pay more money than is determined by the public safety director
 2-6     from fees collected under Section 502.1715.
 2-7           (b)  The designated agent shall develop and maintain a
 2-8     computer database to manage and provide access to information
 2-9     provided under Sections 601.444, 601.445, and 601.446.
2-10           (c)  The database shall be developed, maintained, and
2-11     administered in accordance with guidelines established by the
2-12     department to permit efficient access by courts and state and local
2-13     law enforcement agencies.
2-14           Sec. 601.443.  VERIFICATION; NOTICE FOR NONCOMPLIANCE.
2-15     (a)  With information provided by the department and the Texas
2-16     Department of Transportation,  the designated agent shall, at least
2-17     monthly:
2-18                 (1)  update the database with the motor vehicle
2-19     insurance information provided by insurers under Section 601.444;
2-20     and
2-21                 (2)  compare all current motor vehicle registrations
2-22     provided by the Texas Department of Transportation against the
2-23     database.
2-24           (b)  If a comparison under this section shows that a motor
2-25     vehicle is not insured, the department may direct that the
2-26     designated agent mail a notice to the owner of the motor vehicle
2-27     stating that the owner has 45 days to provide:
 3-1                 (1)  proof of the owner's financial responsibility in a
 3-2     form described by Section 601.053;
 3-3                 (2)  a letter from an insurance agent or company
 3-4     verifying that the person had the required motor vehicle insurance
 3-5     coverage on the date of action specified by the database query;
 3-6                 (3)  proof of an exemption from the owner's financial
 3-7     responsibility under Section 601.052; or
 3-8                 (4)  proof that the owner of the motor vehicle is
 3-9     insured by an insurance company located in another state because
3-10     the owner is a member of the United States armed forces, a student
3-11     attending an educational institution in this state and residing in
3-12     this state, or a faculty member of an educational institution in
3-13     this state who is residing in this state.
3-14           (c)  If an owner of a motor vehicle has not provided proof of
3-15     financial responsibility to the designated agent by the 45th day
3-16     after the date the notice is sent, the department may direct the
3-17     designated agent to provide an additional notice.
3-18           Sec. 601.444.  INFORMATION PROVIDED BY INSURANCE COMPANY.
3-19     (a)  Each insurance company providing motor vehicle liability
3-20     policies in this state shall provide the designated agent a record
3-21     of each motor vehicle insurance policy, including:
3-22                 (1)  the insurance policy number, effective date, and
3-23     expiration date of the policy;
3-24                 (2)  the name, address, date of birth, and driver's
3-25     license number of each driver insured by the policy; and
3-26                 (3)  the make, model, year, and vehicle identification
3-27     number of each vehicle covered by the policy.
 4-1           (b)  Each insurance company shall provide information
 4-2     required by Subsection (a) to the designated agent in an electronic
 4-3     submission monthly or more frequently as prescribed by the public
 4-4     safety director.
 4-5           (c)  If information provided by an insurance company to the
 4-6     designated agent is incorrect, the insurance company shall provide
 4-7     corrected information to the designated agent in a timely manner as
 4-8     prescribed by the public safety director after the date the
 4-9     insurance company receives notice of the error from the designated
4-10     agent.
4-11           (d)  Information provided by an insurance company under this
4-12     section remains the property of the insurance company and may not
4-13     be sold or made available except to enforce a state law.
4-14           Sec. 601.445.  INFORMATION PROVIDED BY DEPARTMENT.  (a)  The
4-15     department shall provide the designated agent the following
4-16     information on each Texas driver's license holder:
4-17                 (1)  the holder's name, address, and date of birth; and
4-18                 (2)  the driver's license number and expiration date.
4-19           (b)  For each motor vehicle covered by a bond filed under
4-20     Section 601.121, a deposit made under Section 601.123, or a
4-21     certificate of self-insurance issued under Section 601.124, the
4-22     department shall provide to the designated agent:
4-23                 (1)  the owner's name, address, and date of birth; and
4-24                 (2)  the owner's driver's license number and expiration
4-25     date.
4-26           (c)  The department shall notify the designated agent of:
4-27                 (1)  the cancellation of a bond filed under Section
 5-1     601.121;
 5-2                 (2)  the cancellation of a deposit filed under Section
 5-3     601.123; or
 5-4                 (3)  the termination of a certificate of self-insurance
 5-5     issued under Section 601.124.
 5-6           (d)  This section does not require the department to provide
 5-7     to the designated agent information that is not in the possession
 5-8     of the department.
 5-9           (e)  The department shall provide the information under this
5-10     section in an electronic submission to the designated agent in a
5-11     timely manner as prescribed by the public safety director.
5-12           (f)  The department is not liable to any person for damages
5-13     arising as a result of providing information as required by this
5-14     section.
5-15           Sec. 601.446.  INFORMATION PROVIDED BY TEXAS DEPARTMENT OF
5-16     TRANSPORTATION.  (a)  The Texas Department of Transportation shall
5-17     provide the department or its designated agent the following
5-18     information for each vehicle to which this chapter applies, to the
5-19     extent the information is in the Texas Department of
5-20     Transportation's records:
5-21                 (1)  the owner's name and address;
5-22                 (2)  the make, model, and year of the vehicle;
5-23                 (3)  the vehicle identification number and vehicle
5-24     license plate number; and
5-25                 (4)  the date the certificate of title was issued for
5-26     the vehicle.
5-27           (b)  The Texas Department of Transportation is not required
 6-1     to provide information under this section about a vehicle
 6-2     registered under Subchapter G, Chapter 502.
 6-3           (c)  The Texas Department of Transportation shall provide the
 6-4     information under this section and each change to information
 6-5     previously provided under this section in a report that includes
 6-6     the information for registrations and changes occurring during the
 6-7     week preceding the date of the report.
 6-8           (d)  The Texas Department of Transportation shall provide by
 6-9     electronic submission to the department or its designated agent any
6-10     information required under this section in a timely manner as
6-11     prescribed by the public safety director.
6-12           Sec. 601.447.  RULES.  (a)  The department may adopt rules as
6-13     necessary to implement this subchapter.
6-14           (b)  The department shall consult with the Texas Department
6-15     of Transportation about rules that affect the reporting of
6-16     information relating to vehicle registrations.
6-17           (c)  The department by rule may waive a requirement that
6-18     particular information be provided to the designated agent if the
6-19     department finds that the information is not useful for enforcing
6-20     this chapter or that the burden of collecting or reporting the
6-21     information is not justified by its value in enforcing this
6-22     chapter.
6-23           Sec. 601.448.  INFORMATION REMAINS PROPERTY OF AGENCIES.
6-24     (a)  Information provided by the department under Section 601.445
6-25     and information provided by the the Texas Department of
6-26     Transportation under Section 601.446 remains the property of each
6-27     agency and may not be sold or made available except to enforce a
 7-1     state law.
 7-2           (b)  Information provided by the department under Section
 7-3     601.445 and information provided by the Texas Department of
 7-4     Transportation under Section 601.446 is confidential and not
 7-5     subject to disclosure under Chapter 552, Government Code.
 7-6           Sec. 601.449.  LIABILITY OF CERTAIN OFFICERS, EMPLOYEES, AND
 7-7     AGENTS.  An officer or employee of an insurance company, an
 7-8     officer, employee, or agent of the department, or an officer,
 7-9     employee, agent, or statutory agent of the Texas Department of
7-10     Transportation  is not liable in a civil action for an act
7-11     performed in good faith in providing information in compliance with
7-12     this subchapter.
7-13           Sec. 601.450.  VIOLATION; ADMINISTRATIVE SANCTIONS.
7-14     (a)  Violation by an insurance company of this subchapter is a
7-15     ground for an administrative sanction by the commissioner of
7-16     insurance under Articles 1.10 and 1.10E, Insurance Code, including
7-17     the revocation of the company's certificate of authority to engage
7-18     in the business of insurance in this state.  The commissioner of
7-19     insurance may assess an administrative penalty against that
7-20     insurance company in an amount not to exceed $250 for each policy
7-21     involved for each day of noncompliance.
7-22           (b)  Not later than the 10th day after the date the
7-23     commissioner determines a violation has occurred, the commissioner
7-24     shall send by certified mail a notice of the determination to the
7-25     insurance company involved with a statement of the right of the
7-26     insurance company to a hearing relating to the alleged violation
7-27     and the amount of the penalty.
 8-1           (c)  Not later than the 20th day after the date the report is
 8-2     sent, the insurance company may make a written request for a
 8-3     hearing or may remit the amount of the administrative penalty to
 8-4     the Texas Department of Insurance.  Failure to request a hearing or
 8-5     to remit the amount of the administrative penalty within the time
 8-6     provided by this subsection waives the right to a hearing under
 8-7     this subsection.   Not later than the 30th day after the date the
 8-8     notice is received, the insurance company charged shall pay the
 8-9     administrative penalty in full or, if the insurance company wishes
8-10     to contest the amount of the penalty or the violation, forward the
8-11     amount of the penalty assessed to the Texas Department of Insurance
8-12     for deposit in an escrow account.
8-13           (d)  If after the hearing or judicial review it is determined
8-14     that a violation did not occur or that the amount of the penalty
8-15     should be reduced, the Texas Department of Insurance shall return
8-16     the appropriate amount to the insurance company charged with the
8-17     violation not later than the 30th day after the date the
8-18     determination becomes final.
8-19           Sec. 601.451.  VIOLATION; CRIMINAL PENALTY.  (a)  A person
8-20     commits an offense if the person knowingly releases information
8-21     maintained by the department or its designated agent under this
8-22     subchapter except to enforce a state law.
8-23           (b)  An offense under this section is a Class A misdemeanor.
8-24           SECTION 2.  Section 502.104, Transportation Code, is amended
8-25     to read as follows:
8-26           Sec. 502.104.  DISPOSITION OF CERTAIN SPECIAL FEES.  Each
8-27     Monday a county assessor-collector shall send to the department an
 9-1     amount equal to collections for the preceding week for:
 9-2                 (1)  each transfer fee collected under Section 502.175;
 9-3     and
 9-4                 (2)  each fee collected under Section 502.169(b),
 9-5     502.1715, or 502.279.
 9-6           SECTION 3.  Subchapter D, Chapter 502, Transportation Code,
 9-7     is amended by adding Section 502.1715 to read as follows:
 9-8           Sec. 502.1715.  ADDITIONAL FEE FOR EVIDENCE OF FINANCIAL
 9-9     RESPONSIBILITY SYSTEM.  (a)  In addition to other fees imposed for
9-10     registration of a motor vehicle at the time of application for
9-11     registration or renewal of registration of a motor vehicle for
9-12     which the owner is required to submit evidence of financial
9-13     responsibility under Section 502.153, the applicant shall pay a fee
9-14     of $3.
9-15           (b)  Fees collected under this section shall be deposited to
9-16     the credit of the state highway fund.  The department shall use
9-17     money appropriated from the state highway fund that represents
9-18     those fees to administer Subchapter N, Chapter 601, and to
9-19     reimburse the Department of Public Safety for expenses in
9-20     administering that subchapter.
9-21           (c)  The department and the Department of Public Safety shall
9-22     adopt rules and develop forms necessary to administer this section.
9-23           SECTION 4.  This Act takes effect September 1, 1999.
9-24           SECTION 5.  (a)  As soon as practicable after the effective
9-25     date of this Act, the Department of Public Safety shall appoint a
9-26     technical advisory committee to assist the department in developing
9-27     the initial rules required for implementation of Subchapter N,
 10-1    Chapter 601, Transportation Code, as added by this Act.  The
 10-2    technical advisory committee must include representatives of the
 10-3    affected insurance companies and representatives of the Texas
 10-4    Department of Transportation.
 10-5          (b)  The technical advisory committee shall prepare
 10-6    recommended rules for consideration by the Department of Public
 10-7    Safety not later than April 1, 2000.
 10-8          (c)  This section expires and the technical advisory
 10-9    committee is abolished September 1, 2000.
10-10          SECTION 6.  (a)  Not later than September 1, 2000:
10-11                (1)  the Department of Public Safety shall contract
10-12    with an entity to serve as designated agent under Subchapter N,
10-13    Chapter 601, Transportation Code, as added by this Act; and
10-14                (2)  the Department of Public Safety shall adopt any
10-15    rules necessary to implement Subchapter N, Chapter 601,
10-16    Transportation Code, as added by this Act.
10-17          (b)  Except as provided by Subsection (c) of this section, a
10-18    motor vehicle insurance company is not required to report under
10-19    Section 601.444, Transportation Code, as added by this Act, before
10-20    September 1, 2000.
10-21          (c)  The Department of Public Safety by rule may designate,
10-22    by market share, premium volume, or another similar characteristic,
10-23    smaller motor vehicle insurance companies that are not required to
10-24    report under Section 601.444, Transportation Code, as added by this
10-25    Act, before September 1, 2001.
10-26          (d)  The Department of Public Safety is not required to
10-27    report under Sections 601.445(b) and (c), Transportation Code, as
 11-1    added by this Act, before September 1, 2000.
 11-2          SECTION 7.  The importance of this legislation and the
 11-3    crowded condition of the calendars in both houses create an
 11-4    emergency and an imperative public necessity that the
 11-5    constitutional rule requiring bills to be read on three several
 11-6    days in each house be suspended, and this rule is hereby suspended.
 11-7                         COMMITTEE AMENDMENT NO. 1
 11-8          Amend House Bill 2793, page 1, between lines 5 and 6, insert
 11-9    the following by number section and renumber subsequent sections
11-10    appropriately:
11-11          SECTION 1.  Sec. 601.053, Transportation Code, is amended to
11-12    read as follows:
11-13          Sec. 601.053.  EVIDENCE OF FINANCIAL RESPONSIBILITY.  (a) (2)
11-14    a standard proof of motor vehicle liability insurance form produced
11-15    by the department [Texas Department of Insurance] under Section
11-16    601.081 and issued by a liability insurer for the motor vehicle;
11-17          SECTION 2.  Sec. 601.081, Transportation Code, is amended to
11-18    read as follows:
11-19          Sec. 601.081.  STANDARD PROOF OF MOTOR VEHICLE LIABILITY
11-20    INSURANCE FORM.  (a)  The department shall provide for the
11-21    production of a standardized proof of motor vehicle liability
11-22    insurance form for use by insurers.  The department is authorized
11-23    to contract with a third party for the production of the standard
11-24    proof of motor vehicle liability insurance form.
11-25          (b)  Insurers shall complete and distribute to insured the
11-26    standard proof of motor vehicle liability insurance form that is
11-27    produced by the department.  Insurers and insurance agents are
 12-1    prohibited from producing or contracting with a third party to
 12-2    produce a standardized proof of motor vehicle liability insurance
 12-3    form.
 12-4          (c)  The department is authorized to establish rules for the
 12-5    implementation of this section including the use of security
 12-6    features for the standardized form.
 12-7          (d)  The [A] standard proof of motor vehicle liability
 12-8    insurance form prescribed by the Texas Department of Insurance and
 12-9    the department must include:
12-10                (1)  the name of the insurer;
12-11                (2)  the insurance policy number;
12-12                (3)  the policy period;
12-13                (4)  the name and address of each insured;
12-14                (5)  the policy limits or a statement that the coverage
12-15    of the policy complies with the minimum amounts of motor vehicle
12-16    liability insurance required by this chapter; and
12-17                (6)  the make and model of each covered vehicle.
12-18                                                       Moreno of Harris