By Gutierrez, Thompson, Haggerty, Chavez,             H.B. No. 1752
         Davis of Harris
         77R3493 DWS-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 criminal
 1-4     penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 601.053(a), Transportation Code, is
 1-7     amended to read as follows:
 1-8           (a)  As a condition of operating in this state a motor
 1-9     vehicle to which Section 601.051 applies, the operator of the
1-10     vehicle on request shall provide to a peace officer, as defined by
1-11     Article 2.12, Code of Criminal Procedure, or a person involved in
1-12     an accident with the operator evidence of financial responsibility
1-13     by exhibiting:
1-14                 (1)  a motor vehicle liability insurance policy
1-15     covering the vehicle that satisfies Subchapter D or a photocopy of
1-16     the policy;
1-17                 (2)  a standard proof of motor vehicle liability
1-18     insurance form prescribed by the department [Texas Department of
1-19     Insurance] under Section 601.081 and issued by a liability insurer
1-20     for the motor vehicle;
1-21                 (3)  an insurance binder that confirms the operator is
1-22     in compliance with this chapter;
1-23                 (4)  a surety bond certificate issued under Section
1-24     601.121;
 2-1                 (5)  a certificate of a deposit with the comptroller
 2-2     covering the vehicle issued under Section 601.122;
 2-3                 (6)  a copy of a certificate of a deposit with the
 2-4     appropriate county judge covering the vehicle issued under Section
 2-5     601.123; or
 2-6                 (7)  a certificate of self-insurance covering the
 2-7     vehicle issued under Section 601.124 or a photocopy of the
 2-8     certificate.
 2-9           SECTION 2. Section 601.081, Transportation Code, is amended
2-10     to read as follows:
2-11           Sec. 601.081.  STANDARD PROOF OF MOTOR VEHICLE LIABILITY
2-12     INSURANCE FORM. (a)  The department shall provide for the
2-13     production of a standard proof of motor vehicle liability insurance
2-14     form for use by insurers.  The department may contract with another
2-15     person for production of the form.
2-16           (b)  Each insurer issuing a standard proof of motor vehicle
2-17     liability insurance form shall use a form produced by the
2-18     department.
2-19           (c)  The department may adopt rules to implement this
2-20     section, including rules relating to the use of security features
2-21     for the form.
2-22           (d)  The [A] standard proof of motor vehicle liability
2-23     insurance form prescribed by the department [Texas Department of
2-24     Insurance] must include:
2-25                 (1)  the name of the insurer;
2-26                 (2)  the insurance policy number;
2-27                 (3)  the policy period;
 3-1                 (4)  the name and address of each insured;
 3-2                 (5)  the policy limits or a statement that the coverage
 3-3     of the policy complies with the minimum amounts of motor vehicle
 3-4     liability insurance required by this chapter; and
 3-5                 (6)  the make and model of each covered vehicle.
 3-6           SECTION 3. Chapter 601, Transportation Code, is amended by
 3-7     adding Subchapter N to read as follows:
 3-8        SUBCHAPTER N.  MOTOR VEHICLE INSURANCE VERIFICATION PROGRAM;
 3-9                              INSURER REPORTING
3-10           Sec. 601.441.  DEFINITIONS. In this subchapter:
3-11                 (1)  "Database" means the motor vehicle insurance
3-12     verification database established under this subchapter.
3-13                 (2)  "Designated agent" means a person administering
3-14     the program under contract with the department.
3-15                 (3)  "Program" means the motor vehicle insurance
3-16     verification program established under this subchapter.
3-17           Sec. 601.442.  ESTABLISHMENT OF PROGRAM. (a)  The department
3-18     shall establish a motor vehicle insurance verification program to
3-19     verify compliance with this chapter.
3-20           (b)  The department by rule shall administer the program with
3-21     the assistance of a designated agent.
3-22           (c)  The program must comply with the Driver's Privacy
3-23     Protection Act of 1994 (18 U.S.C. Section 2721 et seq.).
3-24           Sec. 601.443.  DESIGNATED AGENT:  MAINTENANCE OF DATABASE.
3-25     (a)  The department shall contract with a person to act as the
3-26     department's designated agent under this subchapter.  The contract
3-27     may be awarded under a competitive bid procedure as provided by
 4-1     department rule.  The contract may not obligate the department to
 4-2     pay more money than the public safety director determines will be
 4-3     available from fees collected under Section 502.1715.
 4-4           (b)  The designated agent shall develop and maintain a
 4-5     computer database to manage and provide access to information
 4-6     provided under Sections 601.445, 601.446, and 601.447.
 4-7           (c)  The database shall be developed, maintained, and
 4-8     administered in accordance with guidelines established by the
 4-9     department to permit efficient access by courts and state and local
4-10     law enforcement agencies.
4-11           Sec. 601.444.  VERIFICATION: NOTICE FOR NONCOMPLIANCE. (a)
4-12     With information provided by the department and the Texas
4-13     Department of Transportation, the designated agent shall, at least
4-14     monthly:
4-15                 (1)  update the database with the motor vehicle
4-16     insurance information provided by insurers under Section 601.445;
4-17     and
4-18                 (2)  compare all current motor vehicle registrations
4-19     provided by the Texas Department of Transportation against the
4-20     database.
4-21           (b)  If a comparison under this section shows that a motor
4-22     vehicle is not insured, the department may direct that the
4-23     designated agent mail a notice to the owner of the motor vehicle
4-24     stating that the owner has 45 days to provide:
4-25                 (1)  proof of the owner's financial responsibility in a
4-26     form described by Section 601.053;
4-27                 (2)  a letter from an insurance agent or company
 5-1     verifying that the person had the required motor vehicle insurance
 5-2     coverage on the date of action specified by the database query;
 5-3                 (3)  proof of an exemption from the owner's financial
 5-4     responsibility under Section 601.052; or
 5-5                 (4)  proof that the owner of the motor vehicle is
 5-6     insured by an insurance company located in another state because
 5-7     the owner is a member of the United States armed forces, a student
 5-8     attending an educational institution in this state and residing in
 5-9     this state, or a faculty member of an educational institution in
5-10     this state who is residing in this state.
5-11           (c)  If an owner of a motor vehicle has not provided proof of
5-12     financial responsibility to the designated agent by the 45th day
5-13     after the date the notice is sent, the department may direct the
5-14     designated agent to provide an additional notice.
5-15           Sec. 601.445.  INFORMATION PROVIDED BY INSURANCE COMPANY. (a)
5-16     Each insurance company providing motor vehicle liability policies
5-17     in this state shall provide the designated agent a record of each
5-18     motor vehicle insurance policy, including:
5-19                 (1)  the insurance policy number, effective date, and
5-20     expiration date of the policy;
5-21                 (2)  the name, address, and driver's license number of
5-22     each driver insured by the policy; and
5-23                 (3)  the make, model, year, and vehicle identification
5-24     number of each vehicle covered by the policy.
5-25           (b)  Each insurance company shall provide information
5-26     required by Subsection (a) to the designated agent in an electronic
5-27     submission monthly or more frequently as prescribed by the public
 6-1     safety director.
 6-2           (c)  If information provided by an insurance company to the
 6-3     designated agent is incorrect, the insurance company shall provide
 6-4     corrected information to the designated agent in a timely manner as
 6-5     prescribed by the public safety director after the date the
 6-6     insurance company receives notice of the error from the designated
 6-7     agent.
 6-8           (d)  Information provided by an insurance company under this
 6-9     section remains the property of the insurance company and may not
6-10     be sold or made available except to enforce a state law.
6-11           Sec. 601.446.  INFORMATION PROVIDED BY DEPARTMENT. (a)  The
6-12     department shall provide the designated agent the following
6-13     information on each Texas driver's license holder:
6-14                 (1)  the holder's name and address; and
6-15                 (2)  the driver's license number and expiration date.
6-16           (b)  For each motor vehicle covered by a bond filed under
6-17     Section 601.121, a deposit made under Section 601.123, or a
6-18     certificate of self-insurance issued under Section 601.124, the
6-19     department shall provide to the designated agent:
6-20                 (1)  the owner's name and address; and
6-21                 (2)  the owner's driver's license number and expiration
6-22     date.
6-23           (c)  The department shall notify the designated agent of:
6-24                 (1)  the cancellation of a bond filed under Section
6-25     601.121;
6-26                 (2)  the cancellation of a deposit filed under Section
6-27     601.123; or
 7-1                 (3)  the termination of a certificate of self-insurance
 7-2     issued under Section 601.124.
 7-3           (d)  This section does not require the department to provide
 7-4     to the designated agent information that is not in the possession
 7-5     of the department.
 7-6           (e)  The department shall provide the information under this
 7-7     section in an electronic submission to the designated agent in a
 7-8     timely manner as prescribed by the public safety director.
 7-9           (f)  The department is not liable to any person for damages
7-10     arising as a result of providing information as required by this
7-11     section.
7-12           Sec. 601.447.  INFORMATION PROVIDED BY TEXAS DEPARTMENT OF
7-13     TRANSPORTATION. (a)  The Texas Department of Transportation shall
7-14     provide the department or its designated agent the following
7-15     information for each vehicle to which this chapter applies, to the
7-16     extent the information is in the Texas Department of
7-17     Transportation's records:
7-18                 (1)  the owner's name and address;
7-19                 (2)  the make, model, and year of the vehicle;
7-20                 (3)  the vehicle identification number and vehicle
7-21     license plate number; and
7-22                 (4)  the date the certificate of title was issued for
7-23     the vehicle.
7-24           (b)  The Texas Department of Transportation is not required
7-25     to provide information under this section about a vehicle
7-26     registered under Subchapter G, Chapter 502.
7-27           (c)  The Texas Department of Transportation shall provide the
 8-1     information under this section and each change to information
 8-2     previously provided under this section in a weekly report that
 8-3     includes the information for registrations and changes occurring
 8-4     during the week preceding the date of the report.
 8-5           (d)  The Texas Department of Transportation shall provide by
 8-6     electronic submission to the department or its designated agent any
 8-7     information required under this section in a timely manner as
 8-8     prescribed by the public safety director.
 8-9           Sec. 601.448.  RULES. (a)  The department may adopt rules as
8-10     necessary to implement this subchapter.
8-11           (b)  The department shall consult with the Texas Department
8-12     of Transportation about rules that affect the reporting of
8-13     information relating to vehicle registrations.
8-14           (c)  The department by rule may waive a requirement that
8-15     particular information be provided to the designated agent if the
8-16     department finds that the information is not useful for enforcing
8-17     this chapter or that the burden of collecting or reporting the
8-18     information is not justified by its value in enforcing this
8-19     chapter.
8-20           Sec. 601.449.  INFORMATION REMAINS PROPERTY OF AGENCIES. (a)
8-21     Information provided by the department under Section 601.446 and
8-22     information provided by the Texas Department of Transportation
8-23     under Section 601.447 remains the property of each agency and may
8-24     not be sold or made available except to enforce a state law.
8-25           (b)  Information provided by the department under Section
8-26     601.446 and information provided by the Texas Department of
8-27     Transportation under Section 601.447 is confidential and not
 9-1     subject to disclosure under Chapter 552, Government Code.
 9-2           Sec. 601.450.  LIABILITY OF CERTAIN OFFICERS, EMPLOYEES, AND
 9-3     AGENTS. An officer or employee of an insurance company, an officer,
 9-4     employee, or agent of the department, or an officer, employee,
 9-5     agent, or statutory agent of the Texas Department of Transportation
 9-6     is not liable in a civil action for an act performed in good faith
 9-7     in providing information in compliance with this subchapter.
 9-8           Sec. 601.451.  VIOLATION; CRIMINAL PENALTY. (a)  A person
 9-9     commits an offense if the person knowingly releases information
9-10     maintained by the department or its designated agent under this
9-11     subchapter except to enforce a state law.
9-12           (b)  An offense under this section is a Class A misdemeanor.
9-13           SECTION 4. Section 502.104, Transportation Code, is amended
9-14     to read as follows:
9-15           Sec. 502.104.  DISPOSITION OF CERTAIN SPECIAL FEES. Each
9-16     Monday a county assessor-collector shall send to the department an
9-17     amount equal to collections for the preceding week for:
9-18                 (1)  each transfer fee collected under Section 502.175;
9-19     and
9-20                 (2)  each fee collected under Section 502.169(b),
9-21     502.1715, or 502.279.
9-22           SECTION 5. Subchapter D, Chapter 502, Transportation Code, is
9-23     amended by adding Section 502.1715 to read as follows:
9-24           Sec. 502.1715.  ADDITIONAL FEE FOR EVIDENCE OF FINANCIAL
9-25     RESPONSIBILITY SYSTEM. (a)  In addition to other fees imposed for
9-26     registration of a motor vehicle, at the time of application for
9-27     registration or renewal of registration of a motor vehicle for
 10-1    which the owner is required to submit evidence of financial
 10-2    responsibility under Section 502.153, the applicant shall pay a fee
 10-3    of $1.
 10-4          (b)  Fees collected under this section shall be deposited to
 10-5    the credit of the state highway fund.  The department shall use
 10-6    money appropriated from the state highway fund that represents
 10-7    those fees to administer Subchapter N, Chapter 601, and to
 10-8    reimburse the Department of Public Safety for expenses in
 10-9    administering that subchapter.
10-10          (c)  The department and the Department of Public Safety shall
10-11    adopt rules and develop forms necessary to administer this section.
10-12          SECTION 6. This Act takes effect September 1, 2001.
10-13          SECTION 7. (a)  As soon as practicable after the effective
10-14    date of this Act, the Department of Public Safety shall appoint a
10-15    technical advisory committee to assist the department in developing
10-16    the initial rules required for implementation of Subchapter N,
10-17    Chapter 601, Transportation Code, as added by this Act. The
10-18    technical advisory committee must include representatives of the
10-19    affected insurance companies and representatives of the Texas
10-20    Department of Transportation.
10-21          (b)  The technical advisory committee shall prepare
10-22    recommended rules for consideration by the Department of Public
10-23    Safety not later than March 1, 2002.
10-24          (c)  This section expires and the technical advisory
10-25    committee is abolished September 1, 2002.
10-26          SECTION 8. (a)  Not later than September 1, 2002:
10-27                (1)  the Department of Public Safety shall contract
 11-1    with an entity to serve as the designated agent under Subchapter N,
 11-2    Chapter 601, Transportation Code, as added by this Act; and
 11-3                (2)  the Department of Public Safety shall adopt any
 11-4    rules necessary to implement Subchapter N, Chapter 601,
 11-5    Transportation Code, as added by this Act.
 11-6          (b)  Except as provided by Subsection (c) of this section, a
 11-7    motor vehicle insurance company is not required to report under
 11-8    Section 601.445, Transportation Code, as added by this Act, before
 11-9    September 1, 2002.
11-10          (c)  The Department of Public Safety by rule may designate,
11-11    by market share, premium volume, or another similar characteristic,
11-12    smaller motor vehicle insurance companies that are not required to
11-13    report under Section 601.445, Transportation Code, as added by this
11-14    Act, before September 1, 2003.
11-15          (d)  The Department of Public Safety is not required to
11-16    report under Sections 601.446(b) and (c), Transportation Code, as
11-17    added by this Act, before September 1, 2002.
11-18                         COMMITTEE AMENDMENT NO. 1
11-19          Amend H.B. 1752, page 8, between lines 19 and 20, by
11-20    inserting the following:
11-21          (d)  The Texas Department of Insurance shall adopt rules for
11-22    enforcing compliance for insurance companies reporting under
11-23    Section 601.445.
11-24                                                       Moreno of Harris
11-25                         COMMITTEE AMENDMENT NO. 2
11-26          Amend H.B. 1752, at the end of SECTION 3 of the bill
11-27    (Introduced version, page 9, between lines 12 and 13), by inserting
 12-1    the following:
 12-2          Sec. 601.452.  REVIEW OF PROGRAM. (a)  After January 1, 2007,
 12-3    and before September 1, 2007, the department shall review the
 12-4    effectiveness of the program and determine the amount by which
 12-5    compliance with this chapter has increased between September 1,
 12-6    2001, and the date of the review.  The department may coordinate
 12-7    with the Texas Department of Insurance to conduct the review.  If
 12-8    the department determines that compliance has not increased by at
 12-9    least eight percent during that period, this subchapter and Section
12-10    502.1715 expire September 1, 2007.
12-11          (b)  This section expires September 2, 2007.
12-12    77R11577 DWS-F                                     Moreno of Harris