By Bivins                                             S.B. No. 1787
         76R5588 PB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of insurance and to requirements
 1-3     regarding motor vehicle insurance; establishing business offenses;
 1-4     providing penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6              ARTICLE 1.  FINANCIAL RESPONSIBILITY REQUIREMENTS
 1-7           SECTION 1.01.  Chapter 601, Transportation Code, is amended
 1-8     by adding Subchapter N to read as follows:
 1-9       SUBCHAPTER N.  VERIFICATION OF COMPLIANCE WITH AND ENFORCEMENT
1-10                  OF FINANCIAL RESPONSIBILITY REQUIREMENTS
1-11           Sec. 601.501.  DEFINITIONS.  In this subchapter:
1-12                 (1)  "Department" means the Texas Department of
1-13     Transportation.
1-14                 (2)  "Verification date" means the date set by the
1-15     department in the written request to the owner of a motor vehicle
1-16     requiring the owner to state whether the owner has established
1-17     financial responsibility in accordance with Section 601.051.
1-18           Sec. 601.502.  VERIFICATION OF ESTABLISHMENT OF FINANCIAL
1-19     RESPONSIBILITY THROUGH RANDOM SAMPLING.  (a)  The department shall
1-20     randomly select samples of registrations of motor vehicles subject
1-21     to this chapter, or samples of owners of motor vehicles subject to
1-22     this chapter, to verify whether the owner has established financial
1-23     responsibility in accordance with Section 601.051.  A sample
1-24     selected under this section may not be classified on the basis of
 2-1     the owner's race, color, religion, sex, national origin, age,
 2-2     marital status, physical or mental disability, economic status, or
 2-3     geographic location.
 2-4           (b)  In addition to the general random sampling of motor
 2-5     vehicle registrations, the department may randomly select other
 2-6     persons to verify that the person has established financial
 2-7     responsibility, including:
 2-8                 (1)  a person who, during the four years preceding the
 2-9     date of selection:
2-10                       (A)  has been convicted of a violation of Section
2-11     601.051, 601.191, 601.195, 601.196, or 601.509, including a
2-12     violation that occurred while the person was operating a motor
2-13     vehicle owned by another person; or
2-14                       (B)  has received deferred disposition under
2-15     Article 45.54, Code of Criminal Procedure, for a violation of
2-16     Section 601.051, 601.191, 601.195, 601.196, or 601.509;
2-17                 (2)  a person whose motor vehicle registration has been
2-18     the subject of a deferred suspension under Section 601.505(a)
2-19     during the preceding four years; or
2-20                 (3)  a person whose driver's license or motor vehicle
2-21     registration has been suspended during the preceding four years.
2-22           (c)  The department shall send to the motor vehicle owner a
2-23     request for information about the motor vehicle and the owner's
2-24     method of establishing financial responsibility.  The request must:
2-25                 (1)  state the verification date; and
2-26                 (2)  require the owner to state whether the owner has,
2-27     as of the verification date, established financial responsibility
 3-1     in accordance with Section 601.051.
 3-2           (d)  The department by rule shall prescribe:
 3-3                 (1)  the methods employed for the random selection of
 3-4     samples and the procedures necessary for implementation of the
 3-5     verification process, including the method of sending the
 3-6     verification request, which may include certified mail, return
 3-7     receipt requested;
 3-8                 (2)  the frequency of sample selection;
 3-9                 (3)  the form for verification of financial
3-10     responsibility; and
3-11                 (4)  the information to be requested in the prescribed
3-12     form.
3-13           (e)  The department may require the information provided by
3-14     the owner to include a statement by the owner that the owner had,
3-15     as of the verification date, established financial responsibility:
3-16                 (1)  through liability insurance under Subchapter D,
3-17     including:
3-18                       (A)  the name and address of the insurer;
3-19                       (B)  the number of the insurance policy; and
3-20                       (C)  the expiration date of the insurance
3-21     coverage;
3-22                 (2)  by filing a surety bond with the department under
3-23     Section 601.121, including:
3-24                       (A)  the name and address of the company issuing
3-25     the bond;
3-26                       (B)  the identification number of the bond; and
3-27                       (C)  the expiration date of the bond;
 4-1                 (3)  by depositing cash or securities with the
 4-2     comptroller under Section 601.122, including a copy of the
 4-3     certificate issued by the comptroller showing compliance;
 4-4                 (4)  by depositing cash or a cashier's check with the
 4-5     county judge of the county in which the motor vehicle is registered
 4-6     under Section 601.123, including a copy of the certificate issued
 4-7     by the county judge showing compliance; or
 4-8                 (5)  through self-insurance under Section 601.124,
 4-9     including a copy of the certificate of self-insurance issued by the
4-10     department.
4-11           (f)  Not later than the 30th day after the verification date,
4-12     the owner to whom the notice is sent shall furnish the requested
4-13     information to the department in the form prescribed by the
4-14     department, accompanied by the owner's signed affirmation that the
4-15     information is true and correct.
4-16           (g)  An owner whose response indicates that the owner had not
4-17     established financial responsibility in accordance with Section
4-18     601.051, or who fails to respond to the request, is subject to
4-19     suspension of the owner's motor vehicle registration in the manner
4-20     provided by Section 601.505.
4-21           (h)  If the owner responds to the request for information by
4-22     asserting that the owner had, as of the verification date,
4-23     established financial responsibility in accordance with a method
4-24     authorized by Section 601.051, the department may conduct a
4-25     verification investigation as provided by Section 601.503.
4-26           Sec. 601.503.  VERIFICATION INVESTIGATION.  (a)  To verify a
4-27     response received from an owner under Section 601.502, the
 5-1     department may furnish necessary information to the insurer,
 5-2     surety, or officer named in the response.  Not later than the 30th
 5-3     day after the date of receipt of the information, the insurer,
 5-4     surety, or officer shall inform the department whether, as of the
 5-5     verification date, financial responsibility had been established
 5-6     for the affected motor vehicle in accordance with Section 601.051.
 5-7           (b)  If the response received from an owner under Section
 5-8     601.502 states that financial responsibility has been established
 5-9     through self-insurance, the department shall examine the
5-10     department's records to verify that a certificate of self-insurance
5-11     has been issued in accordance with Section 601.124.
5-12           Sec. 601.504.  WARNING NOTICE.  (a)  If an owner responds
5-13     under Section 601.502 that the owner has not established financial
5-14     responsibility or the owner fails to respond in a timely manner, or
5-15     if the department otherwise determines that an owner has registered
5-16     or maintained the registration of a motor vehicle without
5-17     establishing financial responsibility in accordance with Section
5-18     601.051, the department shall issue a warning notice to the owner.
5-19           (b)  The warning notice must inform the owner that the owner
5-20     is not in compliance with Section 601.051 and that the owner's
5-21     motor vehicle registration is  suspended on the 45th day after the
5-22     date on which the warning notice is mailed unless the owner, not
5-23     later than the 30th day after the date of the mailing of the
5-24     warning notice, establishes financial responsibility in the manner
5-25     prescribed by Section  601.505.
5-26           Sec. 601.505.  SUSPENSION; REINSTATEMENT.  (a)  The
5-27     department shall suspend the registration of an owner to whom a
 6-1     notice is issued under Section 601.504 unless the owner submits to
 6-2     the department, within the period provided by Section 601.504(b),
 6-3     proof of financial responsibility evidenced by a motor vehicle
 6-4     insurance policy, the premiums of which have been prepaid for a
 6-5     term of at least six months.  On the earlier of the 180th day after
 6-6     the date of the warning notice under Section 601.504 or the
 6-7     expiration date of the insurance policy described by this
 6-8     subsection, the owner shall submit to the department evidence of
 6-9     renewal of the motor vehicle insurance policy, the premiums of
6-10     which have been prepaid for a term of at least six months.  If the
6-11     owner fails to submit the required evidence of renewal, the
6-12     department shall immediately suspend the registration of the owner.
6-13           (b)  Except as provided by  Subsection (c), the department
6-14     shall terminate a suspension of registration under this section on
6-15     payment of a $100 reinstatement fee and submission of proof of
6-16     financial responsibility as prescribed by the department.
6-17           (c)  The department may not terminate a suspension under
6-18     Subsection (b) before the 120th day after the  effective date of
6-19     the suspension  if during the preceding four years the department
6-20     has suspended an owner's registration under this subchapter.
6-21           Sec. 601.506.  SUBMISSION OF FALSE PROOF.  If the department
6-22     determines  that the proof of financial responsibility submitted by
6-23     a motor vehicle owner under Section 601.502 is false, the
6-24     department shall suspend the owner's motor vehicle registration.
6-25     The department shall terminate the suspension on the 180th day
6-26     after the effective date of the suspension on payment by the owner
6-27     of a $200 reinstatement fee and submission of proof of financial
 7-1     responsibility as prescribed by the department.
 7-2           Sec. 601.507.  OPERATION OF MOTOR VEHICLE WHILE REGISTRATION
 7-3     SUSPENDED FOR FAILURE TO ESTABLISH FINANCIAL RESPONSIBILITY.  (a)
 7-4     A person may not operate a motor vehicle if the registration of the
 7-5     motor vehicle is suspended under this subchapter.
 7-6           (b)  A person commits a business offense if the person
 7-7     violates Subsection (a).  A business offense under this subsection
 7-8     is punishable by a fine of not less than $1,000 or more than
 7-9     $2,000.
7-10           Sec. 601.508.  MAINTENANCE OF EVIDENCE OF FINANCIAL
7-11     RESPONSIBILITY.  (a)  Each operator of a motor vehicle subject to
7-12     Section 601.051 shall carry within the vehicle a written document
7-13     providing evidence of financial responsibility.  The document must
7-14     be legible and provide information sufficient to demonstrate that
7-15     the owner or operator of the motor vehicle has  established
7-16     financial responsibility as required under Section 601.051 and may
7-17     include:
7-18                 (1)  a motor vehicle liability insurance policy
7-19     covering the vehicle that satisfies Subchapter D or a photocopy of
7-20     the policy;
7-21                 (2)  a standard proof of motor vehicle liability
7-22     insurance form prescribed by the Texas Department of Insurance;
7-23                 (3)  a liability insurance binder as specified by
7-24     Section 601.080 or a certificate of liability insurance as
7-25     specified by Section 601.083;
7-26                 (4)  the combination of proof of purchase of the motor
7-27     vehicle within the previous 30 days and current proof of insurance;
 8-1                 (5)  evidence that a surety bond has been filed with
 8-2     the department in accordance with Section 601.121;
 8-3                 (6)  a certificate issued by the comptroller stating
 8-4     that a deposit has been made with the comptroller that complies
 8-5     with Section 601.122;
 8-6                 (7)  a certificate issued by a county judge stating
 8-7     that a deposit has been made with the county judge that complies
 8-8     with Section 601.123;
 8-9                 (8)  a certificate of self-insurance issued by the
8-10     department in accordance with Section 601.124; or
8-11                 (9)  a certificate, decal, or other document issued by
8-12     a governmental agency for a motor vehicle that indicates that  the
8-13     vehicle is owned by the United States, this state, or a political
8-14     subdivision of this state.
8-15           (b)  The operator of a motor vehicle shall surrender the
8-16     evidence of financial responsibility into the possession of a peace
8-17     officer, court, or court officer who requests inspection of the
8-18     evidence of financial responsibility.  A person who fails or
8-19     refuses to comply with such a request is presumed to violate
8-20     Section 601.051.
8-21           (c)  A person who provides evidence of financial
8-22     responsibility knowing that financial responsibility has not been
8-23     established as required under Section 601.051 or that the evidence
8-24     of financial responsibility is illegally altered, counterfeit, or
8-25     otherwise invalid is presumed to violate Sections 601.196 and
8-26     601.509.
8-27           Sec. 601.509.  DISPLAY OF FALSE PROOF OF FINANCIAL
 9-1     RESPONSIBILITY; CRIMINAL PENALTY.  (a)  A person commits an offense
 9-2     if the person provides evidence of financial responsibility to a
 9-3     peace officer, court, or officer of the court knowing that
 9-4     financial responsibility has not been established as required under
 9-5     Section 601.051 or that the evidence of financial responsibility is
 9-6     illegally altered, counterfeit, or otherwise invalid.
 9-7           (b)  If a peace officer issues a citation to a motor vehicle
 9-8     operator for displaying invalid evidence of financial
 9-9     responsibility, the officer shall confiscate the invalid evidence
9-10     of financial responsibility for presentation in court.
9-11           (c)  An offense under this section is a misdemeanor
9-12     punishable by:
9-13                 (1)  a fine not to exceed $1,000;
9-14                 (2)  confinement in the county jail not to exceed one
9-15     year; or
9-16                 (3)  both the fine and the confinement.
9-17           Sec. 601.510.  DISPOSITION OF FEES.  From the reinstatement
9-18     fees collected under this subchapter, the department shall recover
9-19     its costs in implementing and administering the verification
9-20     program.  The department shall deposit any amounts collected that
9-21     exceed the administrative costs of the department under this
9-22     subchapter in the general revenue fund.
9-23           SECTION 1.02.  Section 601.051, Transportation Code, is
9-24     amended to read as follows:
9-25           Sec. 601.051.  REQUIREMENT OF FINANCIAL RESPONSIBILITY.  (a)
9-26     A person may not operate, register, or maintain registration of a
9-27     motor vehicle in this state unless financial responsibility is
 10-1    established for that vehicle through:
 10-2                (1)  a motor vehicle liability insurance policy that
 10-3    complies with Subchapter D;
 10-4                (2)  a surety bond filed under Section 601.121;
 10-5                (3)  a deposit under Section 601.122;
 10-6                (4)  a deposit under Section 601.123; or
 10-7                (5)  self-insurance under Section 601.124.
 10-8          (b)  An owner of a motor vehicle may not permit another
 10-9    person to operate, register, or maintain registration of the motor
10-10    vehicle in this state unless financial responsibility is
10-11    established for that vehicle and evidenced through a method
10-12    described by Subsection (a).
10-13          SECTION 1.03.  Section 601.191, Transportation Code, is
10-14    amended to read as follows:
10-15          Sec. 601.191.  OPERATION OF MOTOR VEHICLE IN VIOLATION OF
10-16    FINANCIAL RESPONSIBILITY REQUIREMENTS [MOTOR VEHICLE LIABILITY
10-17    INSURANCE REQUIREMENT; OFFENSE].  (a)  A person commits an offense
10-18    if the person operates a motor vehicle in violation of Section
10-19    601.051.
10-20          (b)  An [Except as provided by Subsections (c) and (d), an]
10-21    offense under this section is a business offense [misdemeanor]
10-22    punishable  by a fine of not less than $500 [$175] or more than
10-23    $1,000 [$350].
10-24          (c)  It is a defense to prosecution under this section and
10-25    Section 601.195 that the person charged with a violation produces
10-26    in court satisfactory evidence that, at the time of the arrest, the
10-27    owner or operator had established financial responsibility in
 11-1    accordance with Section 601.051  [If a person has been previously
 11-2    convicted of an offense under this section, an offense under this
 11-3    section is a misdemeanor punishable by a fine of not less than $350
 11-4    or more than $1,000.]
 11-5          [(d)  If the court determines that a person who has not been
 11-6    previously convicted of an offense under this section is
 11-7    economically unable to pay the fine, the court may reduce the fine
 11-8    to less than $175].
 11-9          SECTION 1.04.  Section 12.02, Penal Code, is amended to read
11-10    as follows:
11-11          Sec. 12.02.  CLASSIFICATION OF OFFENSES.  Offenses are
11-12    designated as felonies, [or] misdemeanors, or business offenses.
11-13          SECTION 1.05.  Subchapter A, Chapter 12, Penal Code, is
11-14    amended by adding Section 12.05 to read as follows:
11-15          Sec. 12.05.  BUSINESS OFFENSE.  (a)  A business offense is a
11-16    nonmisdemeanor offense for which the penalty is a fine of at least
11-17    $500.
11-18          (b)  Conviction of a business offense does not impose any
11-19    legal disability or disadvantage.
11-20          SECTION 1.06.  The heading to Subchapter B, Chapter 12, Penal
11-21    Code, is amended to read as follows:
11-22                    SUBCHAPTER B.  ORDINARY MISDEMEANOR
11-23                     AND BUSINESS OFFENSE PUNISHMENTS 
11-24          SECTION 1.07.  Subchapter B, Chapter 12, Penal Code, is
11-25    amended by adding Section 12.24 to read as follows:
11-26          Sec. 12.24.  BUSINESS OFFENSE.  An individual adjudged guilty
11-27    of a business offense shall be punished by a fine of at least $500.
 12-1          SECTION 1.08.  In performing sample selection under Section
 12-2    601.502, Transportation Code, as added by this Act, the Texas
 12-3    Department of Transportation shall ensure that at least 500,000
 12-4    samples are selected on or before September 1, 2001.
 12-5         ARTICLE 2.  UNINSURED AND UNDERINSURED MOTORIST COVERAGE
 12-6          SECTION 2.01.  Article 5.06-1, Insurance Code, is amended to
 12-7    read as follows:
 12-8          Art. 5.06-1.  UNINSURED OR UNDERINSURED MOTORIST COVERAGE.
 12-9    (a) [(1)] No automobile liability insurance (including insurance
12-10    issued through the Texas Automobile Insurance Plan Association
12-11    [pursuant to an Assigned Risk Plan established under authority of
12-12    Section 35 of the Texas Motor Vehicle Safety-Responsibility Act]),
12-13    covering liability arising out of the ownership, maintenance, or
12-14    use of any motor vehicle shall be delivered or issued for delivery
12-15    in this state unless coverage is provided therein or supplemental
12-16    thereto, [in at least the limits described in the Texas Motor
12-17    Vehicle Safety-Responsibility Act,] under provisions prescribed by
12-18    the commissioner [Board], for the protection of persons insured
12-19    thereunder who are legally entitled to recover damages from owners
12-20    or operators of uninsured or underinsured motor vehicles because of
12-21    bodily injury, sickness, or disease, including death, or property
12-22    damage resulting therefrom.  The coverages required under this
12-23    Article shall not be applicable where any insured named in the
12-24    policy shall reject the coverage in writing;  provided that unless
12-25    the named insured thereafter requests such coverage in writing,
12-26    such coverage need not be provided in or supplemental to a renewal
12-27    policy where the named insured has rejected the coverage in
 13-1    connection with a policy previously issued to the named insured
 13-2    [him] by the same insurer or by an affiliated insurer.
 13-3          (b) [(2)]  For the purpose of these coverages:
 13-4                (1)  "Exemplary damages" has the meaning assigned by
 13-5    Section 41.001, Civil Practice and Remedies Code.
 13-6                (2)  "Noneconomic damages" means damages other than
 13-7    compensatory damages for pecuniary loss.  The term includes damages
 13-8    for physical pain and mental anguish, loss of consortium,
 13-9    disfigurement, physical impairment, or loss of  companionship and
13-10    society.  The term does not include exemplary damages.
13-11                (3)  "Uninsured [(a) the term "uninsured] motor
13-12    vehicle" shall, subject to the terms and conditions of such
13-13    coverage, be deemed to include an insured motor vehicle where the
13-14    liability insurer thereof is unable to make payment with respect to
13-15    the legal liability of its insured within the limits specified
13-16    therein because of insolvency.
13-17                (4)  "Underinsured [(b) The term "underinsured] motor
13-18    vehicle" means an insured motor vehicle on which there is valid and
13-19    collectible liability insurance coverage with limits of liability
13-20    for the owner or operator which were originally lower than, or have
13-21    been reduced by payment of claims arising from the same accident
13-22    to, an amount less than the limit of liability stated in the
13-23    underinsured coverage of the insured's policy.
13-24          (c)  The commissioner [Board] may, in the policy forms
13-25    adopted under Article 5.06 of this code, define "uninsured motor
13-26    vehicle" to exclude certain motor vehicles whose operators are in
13-27    fact uninsured.
 14-1          (d)  The portion of a policy form adopted under Article 5.06
 14-2    of this code to provide coverage under this article shall include
 14-3    provisions that, regardless of the number of persons insured,
 14-4    policies or bonds applicable, vehicles involved, or claims made,
 14-5    the total aggregate limit of liability to any one person who
 14-6    sustains bodily injury or property damage as the result of any one
 14-7    occurrence shall not exceed the limit of liability for these
 14-8    coverages as stated in the policy and the total aggregate limit of
 14-9    liability to all claimants, if more than one, shall not exceed the
14-10    total limit of liability per occurrence as stated in the policy;
14-11    and shall provide for the exclusion of the recovery of damages for
14-12    bodily injury or property damage or both resulting from the
14-13    intentional acts of the insured.  The portion of a policy form
14-14    adopted under Article 5.06 of this code to provide coverage under
14-15    this article shall require that in order for the insured to recover
14-16    under the uninsured motorist coverages where the owner or operator
14-17    of any motor vehicle which causes bodily injury or property damage
14-18    to the insured is unknown, actual physical contact must have
14-19    occurred between the motor vehicle owned or operated by such
14-20    unknown person and the person or property of the insured.
14-21          (e)  Except as provided by Subsection (f) of this article,
14-22    the [(3) The] limits of liability for bodily injury, sickness, or
14-23    disease, including death, shall be offered to the insured in
14-24    amounts not less than those prescribed in Chapter 601,
14-25    Transportation Code, [the Texas Motor Vehicle Safety-Responsibility
14-26    Act] and such higher available limits as may be desired by the
14-27    insured, but not greater than the limits of liability specified in
 15-1    the bodily injury liability provisions of the insured's policy.
 15-2          (f)  The named insured may elect to waive coverage under this
 15-3    article for recovery of noneconomic and exemplary damages resulting
 15-4    from bodily injury, sickness, or disease, including death. If an
 15-5    insured elects to waive coverage under this subsection, Subsection
 15-6    (e) of this article does not apply to the limits of liability that
 15-7    are applicable to the coverage provided under the policy issued to
 15-8    the named insured for damages resulting from bodily injury,
 15-9    sickness, or disease, including death. The commissioner by rule may
15-10    adopt minimum limits of liability applicable to those damages.
15-11    Waiver of coverage under this subsection does not affect the
15-12    insured's right to bring an action for noneconomic and exemplary
15-13    damages against a responsible party.
15-14          (g) [(4) (a)]  Coverage for property damage shall be offered
15-15    to the insured in amounts not less than those prescribed in Chapter
15-16    601, Transportation Code, [the Texas Motor Vehicle
15-17    Safety-Responsibility Act]  and such higher available limits as may
15-18    be desired by the insured, but not greater than limits of liability
15-19    specified in the property damage liability provisions of the
15-20    insured's policy, subject to a deductible amount of $250.
15-21          (h) [(b)]  If the insured has collision coverage and
15-22    uninsured or underinsured property damage liability coverage, the
15-23    insured may recover under the policy coverage chosen by the
15-24    insured.  In the event neither coverage is sufficient alone to
15-25    cover all damage resulting from a single occurrence, the insured
15-26    may recover under both coverages.  When recovering under both
15-27    coverages, the insured shall designate one coverage as the primary
 16-1    coverage and pay the deductible applicable to that coverage.  The
 16-2    primary coverage must be exhausted before any recovery is made
 16-3    under the secondary coverage.  If both coverages are utilized in
 16-4    the payment of damages from a single occurrence, the insured shall
 16-5    not be required to pay the deductible applicable to the secondary
 16-6    coverage when the amount of the deductible otherwise applicable to
 16-7    the secondary coverage is the same as or less than the amount of
 16-8    the deductible applicable to the primary coverage.  If both
 16-9    coverages are utilized in the payment of damages from a single
16-10    occurrence and the amount of the deductible otherwise applicable to
16-11    the secondary coverage is greater than the amount of the deductible
16-12    applicable to the primary coverage, the insured shall be required
16-13    to pay in respect of the secondary coverage only the difference
16-14    between the amount of the two deductibles.  In no event shall the
16-15    insured recover under both coverages more than the actual damages
16-16    suffered.
16-17          (i) [(5)]  The underinsured motorist coverage shall provide
16-18    for payment to the insured of all sums which the insured [he] shall
16-19    be legally entitled to recover as damages from owners or operators
16-20    of underinsured motor vehicles because of bodily injury or property
16-21    damage in an amount up to the limit specified in the policy,
16-22    reduced by the amount recovered or recoverable from the insurer of
16-23    the underinsured motor vehicle.  If the named insured has waived
16-24    coverage under Subsection (f) of this article for recovery of
16-25    noneconomic and exemplary damages, the amount paid to the insured
16-26    shall be reduced by an amount equal to the amount of damages
16-27    attributable to noneconomic and exemplary damages.
 17-1          (j) [(6)]  In the event of payment to any person under any
 17-2    coverage required by this Section and subject to the terms and
 17-3    conditions of such coverage, the insurer making such payment shall,
 17-4    to the extent thereof, be entitled to the proceeds of any
 17-5    settlement or judgment resulting from the exercise of any rights of
 17-6    recovery of such person against any person or organization legally
 17-7    responsible for the bodily injury, sickness or disease, or death
 17-8    for which such payment is made, including the proceeds recoverable
 17-9    from the assets of the insolvent insurer;  provided, however,
17-10    whenever an insurer shall make payment under a policy of insurance
17-11    issued pursuant to this Act, which payment is occasioned by the
17-12    insolvency of an insurer, the insured of said insolvent insurer
17-13    shall be given credit in any judgment obtained against the insured
17-14    [him], with respect to the insured's [his] legal liability for such
17-15    damages, to the extent of such payment, but, subject to Section 12
17-16    of Article 21.28-C of this code, such paying insurer shall have the
17-17    right to proceed directly against the insolvent insurer or its
17-18    receiver, and in pursuance of such right such paying insurer shall
17-19    possess any rights which the insured of the insolvent company might
17-20    otherwise have had if the insured of the insolvent insurer had made
17-21    the payment.
17-22          (k) [(7)]  If a dispute exists as to whether a motor vehicle
17-23    is uninsured, the burden of proof as to that issue shall be upon
17-24    the insurer.
17-25          (l) [(8)]  Notwithstanding Section 15.032, Civil Practice and
17-26    Remedies Code, an action against an insurer in relation to the
17-27    coverage provided under this article, including an action to
 18-1    enforce that coverage, may be brought only:
 18-2                (1) [(a)]  in the county in which the policyholder or
 18-3    beneficiary instituting the suit resided at the time of the
 18-4    accident; or
 18-5                (2) [(b)]  in the county in which the accident
 18-6    involving the uninsured or underinsured motor vehicle occurred.
 18-7                   ARTICLE 3.  PROOF OF INSURANCE CARDS
 18-8          SECTION 3.01.  Subchapter A, Chapter 5, Insurance Code, is
 18-9    amended by adding Article 5.06-7 to read as follows:
18-10          Art. 5.06-7.  FORM AND APPEARANCE OF PROOF OF MOTOR VEHICLE
18-11    LIABILITY INSURANCE.  (a)  The commissioner shall prescribe by rule
18-12    a standard appearance and form for a card issued by an insurer as
18-13    proof of motor vehicle liability insurance prescribed by Section
18-14    601.081, Transportation Code.
18-15          (b)  In prescribing the appearance of a proof of motor
18-16    vehicle liability insurance card under Subsection (a), the
18-17    commissioner shall require an appearance that is:
18-18                (1)  difficult to alter, duplicate, or counterfeit; and
18-19                (2)  not cost-prohibitive for consumers.
18-20          (c)  A card issued as proof of motor vehicle liability
18-21    insurance issued in this state by an insurer must conform to the
18-22    form and appearance prescribed under Subsection (a).
18-23          SECTION 3.02.  (a)  The commissioner of insurance shall
18-24    prescribe the standard appearance and form of proof of motor
18-25    vehicle liability insurance cards as required by Article 5.06-7,
18-26    Insurance Code, as added by this Act not later than December 1,
18-27    1999.
 19-1          (b)  A card issued by an insurer as proof of motor vehicle
 19-2    liability insurance that is issued on or after January 1, 2000,
 19-3    must conform with rules established by the commissioner of
 19-4    insurance under Article 5.06-7, Insurance Code, as added by this
 19-5    Act. Proof of motor vehicle liability insurance that is issued
 19-6    before January 1, 2000, is governed by the law as it existed
 19-7    immediately before the effective date of this Act, and that law is
 19-8    continued in effect for that purpose.
 19-9                    ARTICLE 4.  UNAUTHORIZED INSURANCE
19-10          SECTION 4.01.  The heading to Section 2, Article 1.14-1,
19-11    Insurance Code, is amended to read as follows:
19-12          Sec. 2.  ENGAGING IN [INSURANCE] BUSINESS OF INSURANCE;
19-13    DEFINITIONS [DEFINED].
19-14          SECTION 4.02.  Section 2, Article 1.14-1, Insurance Code, is
19-15    amended by amending Subsections (a) and (c) and adding Subsection
19-16    (d) to read as follows:
19-17          (a)  In this article:
19-18                (1)  "Engaging in the business of insurance" includes
19-19    the performance of any [Any] of the following acts in this state,
19-20    whether effected by mail or otherwise: [is defined to be doing an
19-21    insurance business in this state.  The venue of an act committed by
19-22    mail  is at the point where the matter transmitted by mail is
19-23    delivered and takes effect.  Unless otherwise indicated, the term
19-24    insurer as used in this Article includes all corporations,
19-25    associations, partnerships and individuals engaged as principals in
19-26    the business of insurance and also includes interinsurance
19-27    exchanges, mutual benefit societies, and insurance exchanges and
 20-1    syndicates as defined by rules promulgated by the State Board of
 20-2    Insurance.]
 20-3                      1.  The making of or proposing to make, as an
 20-4    insurer, an insurance contract.
 20-5                      2.  The making of or proposing to make, as
 20-6    guarantor or surety, any contract of guaranty or suretyship as a
 20-7    vocation and not merely incidental to any other legitimate business
 20-8    or activity of the guarantor or surety.
 20-9                      3.  The taking or receiving of any application
20-10    for insurance.
20-11                      4.  The receiving or collection of any premium,
20-12    commission, membership fees, assessments, dues or other
20-13    consideration for any insurance or any part thereof.
20-14                      5.  The issuance or delivery of contracts of
20-15    insurance to residents of this state or to persons authorized to do
20-16    business in  this state.
20-17                      6.  Directly or indirectly acting as an agent for
20-18    or otherwise representing or aiding on behalf of another any person
20-19    or  insurer in the solicitation, negotiation, procurement or
20-20    effectuation of insurance or renewals thereof or in the
20-21    dissemination of information as to coverage or rates, or forwarding
20-22    of applications, or delivery of policies or contracts, or
20-23    inspection of risks, a fixing of rates or investigation or
20-24    adjustment of claims or losses or in the transaction of matters
20-25    subsequent to effectuation of the contract and arising out of it,
20-26    or in any other manner representing or assisting a person or
20-27    insurer in the transaction of insurance with respect to subjects of
 21-1    insurance resident, located or to be performed in this state.  The
 21-2    provisions of this subdivision shall not operate to prohibit
 21-3    full-time salaried employees of a corporate insured from acting in
 21-4    the capacity of an insurance manager or buyer in placing insurance
 21-5    in behalf of such employer, its parent or affiliated companies.
 21-6                      7.  Contracting to provide indemnification or
 21-7    expense reimbursement in this state to persons domiciled in this
 21-8    state or  for risks located in this state, whether as an insurer,
 21-9    agent, administrator, trust, funding mechanism, or by any other
21-10    method, for any type of medical expenses including, but not limited
21-11    to surgical, chiropractic, physical therapy, speech pathology,
21-12    audiology, professional mental health, dental, hospital, or
21-13    optometric expenses, whether this coverage is by direct payment,
21-14    reimbursement, or otherwise.  This provision shall not apply to:
21-15                            (i)  any program otherwise authorized by
21-16    law that is established by any political subdivision of this state
21-17    or under Chapter 791,  Government Code [the provisions of The
21-18    Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil
21-19    Statutes)] or by a state agency; or
21-20                            (ii)  a multiple employer welfare
21-21    arrangement which is fully insured as defined in 29 U.S.C.A.
21-22    Section 1144(b)(6) except that the Commissioner may apply any laws
21-23    that regulate the business of insurance in this state to the extent
21-24    that such laws provide [(1)] standards requiring the maintenance of
21-25    specified levels of contributions, which any such plan, or any
21-26    trust established under such a plan, must meet in order to be
21-27    considered under such law able to pay benefits in full when due,
 22-1    and [(2)] provisions to enforce such standards.
 22-2                      8.  The doing of any kind of insurance business
 22-3    specifically recognized as constituting the doing of an insurance
 22-4    business  within the meaning of the statutes relating to insurance.
 22-5                      9.  The doing or proposing to do any insurance
 22-6    business in substance equivalent to any of the foregoing in a
 22-7    manner designed to evade the provisions of the statutes.
 22-8                      10.  Any other transactions of business in this
 22-9    state by an insurer.
22-10                      11.  With respect to policies authorized under
22-11    Article 3.74 of this code, the use, creation, publication, mailing,
22-12    or dissemination of an advertisement relating to any of the acts
22-13    defined in this subsection to be doing an insurance business
22-14    unless:
22-15                            (i)  that advertisement is used, created,
22-16    published, mailed, or disseminated on behalf of a person or insurer
22-17    authorized under this title to engage in the business of insurance
22-18    in this state, who has actual knowledge of the content of the
22-19    advertisement and has authorized the advertisement to be used,
22-20    created, published, mailed, or disseminated on that person's or
22-21    insurer's behalf; and
22-22                            (ii)  the person or insurer on whose behalf
22-23    the advertisement is used, created, published, mailed, or
22-24    disseminated is, in that advertisement, clearly identified by name
22-25    as the sponsor of the advertisement.
22-26                (2)  "Insurer" means a person engaged as a principal in
22-27    the business of insurance.
 23-1                (3)  "Person" means:
 23-2                      (A)  an individual;
 23-3                      (B)  a corporation;
 23-4                      (C)  an association;
 23-5                      (D)  a partnership;
 23-6                      (E)  a reciprocal exchange;
 23-7                      (F)  an interinsurance exchange;
 23-8                      (G)  a Lloyd's plan;
 23-9                      (H)  a fraternal benefit society; and
23-10                      (I)  any other legal entity engaged in the
23-11    business of insurance, including:
23-12                            (i)  an agent;
23-13                            (ii)  a broker;
23-14                            (iii)  an adjuster; or
23-15                            (iv)  a life insurance counselor.
23-16          (c)  The commissioner [State Board of Insurance] shall
23-17    promulgate rules defining insurance exchanges and syndicates
23-18    covered by Subsection (a)(1) of this section.
23-19          (d)  The venue of an act described by Section (a)(1) of this
23-20    section that is committed by mail is in the location where the
23-21    matter transmitted by mail is delivered and takes effect.
23-22          SECTION 4.03.  Section 3(b), Article 1.14-1, Insurance Code,
23-23    is amended to read as follows:
23-24          (b)  A [No] person may not [or insurer shall] directly or
23-25    indirectly engage in the [do any of the acts of an insurance]
23-26    business of insurance [set forth in this Article] except as
23-27    provided by and in accordance with the specific authorization of
 24-1    statute.  In respect to the insurance of subjects resident, located
 24-2    or to be performed within this state this section shall not
 24-3    prohibit the collection of premium or other acts performed outside
 24-4    of this state by persons or insurers authorized to do business in
 24-5    this state provided such transactions and insurance contracts
 24-6    otherwise comply with statute.
 24-7          SECTION 4.04.  Section 13(a), Article 1.14-1, Insurance Code,
 24-8    is amended to read as follows:
 24-9          (a)  A person [who violates Section 3(b) of this article]
24-10    commits an offense if the person engages in the business of
24-11    insurance:
24-12                (1)  without:
24-13                      (A)  holding a certificate of authority, license,
24-14    or other authorization issued by the department; or
24-15                      (B)  having an exemption that is recognized by
24-16    the department from the requirement to hold a certificate of
24-17    authority, license, or other authorization issued by the
24-18    department; or
24-19                (2)  after the person's certificate of authority,
24-20    license, or other authorization has been revoked or suspended by
24-21    the commissioner.
24-22                           ARTICLE 5.  REPEALER
24-23          SECTION 5.01.  The following laws are repealed:
24-24                (1)  Section 3(a), Article 1.14-1, Insurance Code;
24-25                (2)  Section 13(c), Article 1.14-1, Insurance Code;
24-26                (3)  Section 601.053, Transportation Code;
24-27                (4)  Section 601.193, Transportation Code;
 25-1                (5)  Subchapter H, Chapter 601, Transportation Code;
 25-2    and
 25-3                (6)  Subchapter I, Chapter 601, Transportation Code.
 25-4             ARTICLE 6. TRANSITION; EFFECTIVE DATE; EMERGENCY
 25-5          SECTION 6.01.  (a)  The change in law made by this Act to
 25-6    Section 13,  Article 1.14-1, Insurance Code, and to Chapter 601,
 25-7    Transportation Code, applies only to punishment for an offense
 25-8    committed on or after the effective date of this Act.  For purposes
 25-9    of this section, an offense is committed before the effective date
25-10    of this Act if any element of the offense occurs before that date.
25-11          (b)  An offense committed under Section 13, Article 1.14-1,
25-12    Insurance Code, before the effective date of this Act is covered by
25-13    the law in effect when the offense was committed, and the former
25-14    law is continued in effect for that purpose.
25-15          SECTION 6.02.  Article 5.06-1, Insurance Code, as amended by
25-16    this Act, applies only to a motor vehicle liability insurance
25-17    policy that is delivered, issued for delivery, or renewed on or
25-18    after January 1, 2000.  A policy that is delivered, issued for
25-19    delivery, or renewed before January 1, 2000, is governed by the law
25-20    as it existed immediately before the effective date of this Act,
25-21    and that law is continued in effect for that purpose.
25-22          SECTION 6.03.  (a)  Except as provided by Subsection (b) of
25-23    this section, this Act takes effect September 1, 1999.
25-24          (b)  Article 1 of this Act takes effect September 1, 2000.
25-25          SECTION 6.04.  The importance of this legislation and the
25-26    crowded condition of the calendars in both houses create an
25-27    emergency and an imperative public necessity that the
 26-1    constitutional rule requiring bills to be read on three several
 26-2    days in each house be suspended, and this rule is hereby suspended.