By Wise                                               H.B. No. 1792
         77R5782 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to towing and storage of a commercial motor vehicle for
 1-3     which certain coverage exists under a commercial motor vehicle
 1-4     insurance policy.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter A, Chapter 5, Insurance Code, is
 1-7     amended by adding Article 5.06-7 to read as follows:
 1-8           Art. 5.06-7.  PROOF OF LIABILITY INSURANCE FORM FOR
 1-9     COMMERCIAL MOTOR VEHICLE. The commissioner by rule shall require a
1-10     proof of motor vehicle liability insurance issued for a commercial
1-11     motor vehicle insurance policy to contain, in addition to
1-12     information required under Section 601.081, Transportation Code, a
1-13     statement of whether the policy provides coverage for towing and
1-14     storage charges and a telephone number that a person may call to
1-15     request confirmation of the coverage.
1-16           SECTION 2. Subchapter F, Chapter 684, Transportation Code, is
1-17     amended by adding Section 684.102 to read as follows:
1-18           Sec. 684.102.  RELEASE OF COMMERCIAL VEHICLE REQUIRED ON
1-19     PROOF OF INSURANCE COVERAGE. (a)  If the owner or operator of a
1-20     commercial motor vehicle stored by a towing company or vehicle
1-21     storage facility submits a proof of motor vehicle liability
1-22     insurance form that indicates the insurance coverage includes
1-23     coverage for towing and storage charges for the vehicle, the towing
1-24     company or vehicle storage facility shall call the telephone number
 2-1     on the form to request confirmation of the coverage.
 2-2           (b)  If coverage for towing and storage charges for the
 2-3     vehicle is confirmed, the towing company or vehicle storage
 2-4     facility  may not require the owner or operator of the vehicle to
 2-5     pay the charges before releasing the vehicle.
 2-6           (c)  Section 684.085 does not apply to a violation of this
 2-7     section.
 2-8           SECTION 3. (a)  Not later than November 1, 2001, the
 2-9     commissioner of insurance shall adopt all rules necessary to
2-10     implement Article 5.06-7, Insurance Code, as added by this Act.
2-11           (b)  The change in law made by this Act applies only to a
2-12     vehicle towed or put into a vehicle storage facility on or after
2-13     the effective date of this Act.
2-14           SECTION 4. This Act takes effect September 1, 2001.