By Nixon S.B. No. 291
76R592 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to enforcement of the motor vehicle safety-responsibility
1-3 requirements.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. LIABILITY IN MOTOR VEHICLE ACCIDENTS
1-6 SECTION 1.01. Title 4, Civil Practice and Remedies Code, is
1-7 amended by adding Chapter 92 to read as follows:
1-8 CHAPTER 92. LIABILITY FOR CERTAIN MOTOR VEHICLE
1-9 ACCIDENTS
1-10 Sec. 92.001. LIABILITY FOR INJURY TO CERTAIN OPERATORS. A
1-11 person may not obtain damages for bodily injury, death, or damage
1-12 to or destruction of property arising out of a motor vehicle
1-13 accident if, at the time of the accident, the person was knowingly
1-14 operating the motor vehicle in violation of Section 601.051,
1-15 Transportation Code.
1-16 Sec. 92.002. DERIVATIVE CLAIMS. (a) Except as provided by
1-17 Subsection (b), Section 92.001 applies to a claim for damages made
1-18 by a person whose right to recovery derives from an injury to
1-19 another person whose right to recover damages would be barred under
1-20 Section 92.001, including a claim for wrongful death or for loss of
1-21 consortium or companionship.
1-22 (b) This chapter does not prohibit the recovery of exemplary
1-23 damages for a wilful act or omission or gross neglect in a wrongful
1-24 death action brought by or on behalf of a surviving spouse or heirs
2-1 of the decedent's body under a statute enacted under Section 26,
2-2 Article XVI, Texas Constitution. A claim for exemplary damages
2-3 described by this subsection is governed by Chapter 41.
2-4 Sec. 92.003. CLAIMS AGAINST INTOXICATED OPERATORS. Section
2-5 92.001 does not apply if the person described by that section was
2-6 injured by another person who:
2-7 (1) at the time of the accident was operating a motor
2-8 vehicle while intoxicated in violation of Section 49.04, Penal
2-9 Code, or another law of this state relating to the operation of a
2-10 motor vehicle while intoxicated; and
2-11 (2) was convicted of an offense described by
2-12 Subdivision (1).
2-13 SECTION 1.02. The change in law made by this article applies
2-14 only to a cause of action that accrues on or after January 1, 2000.
2-15 A cause of action that accrued before January 1, 2000, is governed
2-16 by the law applicable to the action immediately before that date,
2-17 and that law is continued in effect for that purpose.
2-18 ARTICLE 2. INSURANCE; FORM OF PROOF OF INSURANCE
2-19 SECTION 2.01. Section 601.053(a), Transportation Code, is
2-20 amended to read as follows:
2-21 (a) As a condition of operating in this state a motor
2-22 vehicle to which Section 601.051 applies, the operator of the
2-23 vehicle on request shall provide to a peace officer, as defined by
2-24 Article 2.12, Code of Criminal Procedure, or a person involved in
2-25 an accident with the operator evidence of financial responsibility
2-26 by exhibiting:
2-27 (1) [a motor vehicle liability insurance policy
3-1 covering the vehicle that satisfies Subchapter D or a photocopy of
3-2 the policy;]
3-3 [(2)] a standard proof of motor vehicle liability
3-4 insurance form prescribed by the Texas Department of Insurance
3-5 under Section 601.081 and issued by a liability insurer for the
3-6 motor vehicle;
3-7 (2) [(3) an insurance binder that confirms the
3-8 operator is in compliance with this chapter;]
3-9 [(4)] a surety bond certificate issued under Section
3-10 601.121;
3-11 (3) [(5)] a certificate of a deposit with the
3-12 comptroller covering the vehicle issued under Section 601.122;
3-13 (4) [(6)] a copy of a certificate of a deposit with
3-14 the appropriate county judge covering the vehicle issued under
3-15 Section 601.123; or
3-16 (5) [(7)] a certificate of self-insurance covering the
3-17 vehicle issued under Section 601.124 or a photocopy of the
3-18 certificate.
3-19 SECTION 2.02. Section 601.081, Transportation Code, is
3-20 amended to read as follows:
3-21 Sec. 601.081. STANDARD PROOF OF MOTOR VEHICLE LIABILITY
3-22 INSURANCE FORM. A standard proof of motor vehicle liability
3-23 insurance form prescribed by the Texas Department of Insurance must
3-24 evidence the existence of a motor vehicle liability insurance
3-25 policy or a binder issued pending the issuance of a motor vehicle
3-26 liability insurance policy and must include:
3-27 (1) the name of the insurer;
4-1 (2) the insurance policy number or a statement that
4-2 the proof evidences the existence of an insurance binder;
4-3 (3) the policy period and the date on which the
4-4 coverage under the policy or binder expires;
4-5 (4) the name and address of each insured;
4-6 (5) the policy limits or a statement that the coverage
4-7 of the policy complies with the minimum amounts of motor vehicle
4-8 liability insurance required by this chapter; [and]
4-9 (6) the make and model of each covered vehicle;
4-10 (7) the date from which the named insured has
4-11 continuously been covered by a motor vehicle liability insurance
4-12 policy issued by the insurer; and
4-13 (8) whether the policy is subject to cancellation for
4-14 a reason other than a reason specified by Article 5.06-7, Insurance
4-15 Code.
4-16 SECTION 2.03. Subchapter A, Chapter 5, Insurance Code, is
4-17 amended by adding Article 5.06-7 to read as follows:
4-18 Art. 5.06-7. POLICIES NOT SUBJECT TO CANCELLATION. (a) A
4-19 motor vehicle insurer may offer a motor vehicle liability insurance
4-20 policy valid for a period of at least 180 days that is not subject
4-21 to cancellation by the insurer or at the request of the insured.
4-22 Except as provided by this article, a policy issued under this
4-23 section is not subject to cancellation for any reason, including a
4-24 reason specified under Article 21.49-2B of this code.
4-25 (b) A motor vehicle insurer may cancel a motor vehicle
4-26 liability insurance policy issued under this article if each motor
4-27 vehicle covered under the policy is no longer owned by or in the
5-1 possession of the insured or no longer operable as a motor vehicle.
5-2 The commissioner of insurance by rule shall prescribe the
5-3 appropriate form of proof to be submitted to an insurer before a
5-4 policy may be canceled under this subsection.
5-5 (c) An insurer may require advance payment of all premiums
5-6 owed for a motor vehicle liability insurance policy issued under
5-7 this article.
5-8 (d) An insurer may assess a premium surcharge in an amount
5-9 prescribed by the commissioner for issuance of a motor vehicle
5-10 liability insurance policy under this article.
5-11 (e) The commissioner may adopt rules as necessary to
5-12 implement this article.
5-13 SECTION 2.04. (a) The change in law made by Sections 2.01
5-14 and 2.02 of this article applies only to evidence of financial
5-15 responsibility under Chapter 601, Transportation Code, that is used
5-16 to comply with the requirements of that chapter on or after January
5-17 1, 2000. Evidence of financial responsibility used before January
5-18 1, 2000, is governed by the law in effect immediately before that
5-19 date, and that law is continued in effect for that purpose.
5-20 (b) The change in law made by Section 2.03 of this article
5-21 applies only to a motor vehicle liability insurance policy that is
5-22 delivered, issued for delivery, or renewed on or after January 1,
5-23 2000. A policy that is delivered, issued for delivery, or renewed
5-24 before January 1, 2000, is governed by the law as it existed
5-25 immediately before the effective date of this Act, and that law is
5-26 continued in effect for that purpose.
5-27 ARTICLE 3. MONTHLY REGISTRATION FOR CERTAIN OPERATORS
6-1 SECTION 3.01. Sections 502.153(b), (d), and (f),
6-2 Transportation Code, are amended to read as follows:
6-3 (b) The county assessor-collector shall examine the evidence
6-4 of financial responsibility to determine whether it complies with
6-5 Subsections [Subsection] (c) and (d). After examining the
6-6 evidence, the assessor-collector shall return the evidence unless
6-7 it is in the form of a photocopy or an electronic submission.
6-8 (d) If the evidence of financial responsibility submitted
6-9 under Subsection (a) is a standard proof of motor vehicle
6-10 liability insurance form, the county assessor-collector may not
6-11 register the motor vehicle unless the form indicates that:
6-12 (1) the insured has been continuously insured under a
6-13 policy issued by the same insurer at least 180 days; or
6-14 (2) the policy cannot be canceled for a reason other
6-15 than a reason specified by Article 5.06-7, Insurance Code [A
6-16 personal automobile policy used as evidence of financial
6-17 responsibility under this section must comply with Article 5.06,
6-18 Insurance Code].
6-19 (f) A county assessor-collector is not liable to any person
6-20 for refusing to register a motor vehicle to which this section
6-21 applies because of the person's failure to submit evidence of
6-22 financial responsibility that complies with Subsection (c) or (d).
6-23 SECTION 3.02. Subchapter G, Chapter 502, Transportation Code,
6-24 is amended by adding Section 502.356 to read as follows:
6-25 Sec. 502.356. TEMPORARY REGISTRATION PERMIT FOR CERTAIN
6-26 VEHICLES; OFFENSE. (a) The department may issue a temporary
6-27 registration permit for a vehicle that:
7-1 (1) is subject to registration in this state; and
7-2 (2) may not be registered because the standard proof
7-3 of liability insurance form presented by the owner of the motor
7-4 vehicle as proof of financial responsibility under Section 502.153
7-5 does not satisfy the requirements of Subsection (d) of that
7-6 section.
7-7 (b) A temporary registration permit issued under this
7-8 section:
7-9 (1) is in lieu of registration; and
7-10 (2) is valid for 30 days.
7-11 (c) A temporary registration permit may be issued only to a
7-12 motor vehicle, other than a trailer or semitrailer, for which
7-13 evidence of financial responsibility is required by Section
7-14 601.051. A person may obtain multiple temporary registration
7-15 permits for a vehicle.
7-16 (d) A person may obtain a temporary registration permit
7-17 under this section by:
7-18 (1) applying on a form provided by the department to:
7-19 (A) the county assessor-collector of the county
7-20 in which the vehicle will first be operated on a public highway; or
7-21 (B) the department in Austin or at one of the
7-22 department's vehicle title and registration regional offices;
7-23 (2) paying a fee, in cash or by postal money order or
7-24 personal or certified check, in an amount set by the department;
7-25 and
7-26 (3) furnishing evidence of financial responsibility
7-27 for the vehicle in the form of a standard proof of motor vehicle
8-1 liability insurance form that satisfies the requirements of Section
8-2 601.081.
8-3 (e) The department shall set the fee required under
8-4 Subsection (d) in an amount sufficient to cover the costs of
8-5 administering the department's duties under this section.
8-6 (f) A registration receipt shall be issued on forms provided
8-7 by the department. Subject to Section 502.180(b), the first time a
8-8 temporary registration permit is issued under this section, the
8-9 department shall issue a license plate for the vehicle covered by
8-10 the permit.
8-11 (g) A temporary registration permit insignia evidencing the
8-12 issuance of the permit shall be issued. The department shall design
8-13 the insignia and shall adopt rules governing display of the
8-14 insignia. A person issued a temporary registration permit under
8-15 this section shall display the temporary registration permit
8-16 insignia as required by department rule.
8-17 (h) A person issued a temporary registration permit under
8-18 this section who operates a vehicle in violation of Subsection (g)
8-19 commits an offense. An offense under this subsection is a Class C
8-20 misdemeanor.
8-21 (i) The department may:
8-22 (1) adopt rules to administer this section; and
8-23 (2) prescribe an application for a temporary
8-24 registration permit and other forms under this section.
8-25 SECTION 3.03. This article applies only to the registration
8-26 of a motor vehicle on or after January 1, 2000. The registration of
8-27 a motor vehicle before January 1, 2000, is governed by the law as
9-1 it existed immediately before the effective date of this Act, and
9-2 that law is continued in effect for that purpose.
9-3 ARTICLE 4. EMERGENCY
9-4 SECTION 4.01. The importance of this legislation and the
9-5 crowded condition of the calendars in both houses create an
9-6 emergency and an imperative public necessity that the
9-7 constitutional rule requiring bills to be read on three several
9-8 days in each house be suspended, and this rule is hereby suspended.