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.