77R14977 AJA-F                          
         By Bivins, et al.                                     S.B. No. 1329
         Substitute the following for S.B. No. 1329:
         By Smithee                                        C.S.S.B. No. 1329
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to compliance with proof of financial responsibility
 1-3     requirements for the operation of a motor vehicle.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5              ARTICLE 1.  FINANCIAL RESPONSIBILITY REQUIREMENTS
 1-6           SECTION 1.01.  DEFINITIONS. In this article:
 1-7                 (1)  "Department" means the Texas Department of
 1-8     Transportation.
 1-9                 (2)  "Verification date" means the date on which the
1-10     department mails a written request to an owner of a motor vehicle
1-11     requiring the owner to state whether the owner has established
1-12     financial responsibility in accordance with Section 601.051,
1-13     Transportation Code.
1-14           SECTION 1.02.  VERIFICATION OF ESTABLISHMENT OF FINANCIAL
1-15     RESPONSIBILITY THROUGH RANDOM SAMPLING. (a)  Between September 1,
1-16     2001, and January 1, 2003, the department or an agent of the
1-17     department shall randomly select samples of registrations of motor
1-18     vehicles subject to Chapter 601, Transportation Code, or samples of
1-19     owners of motor vehicles subject to Chapter 601, Transportation
1-20     Code, to verify whether the owner has established financial
1-21     responsibility in accordance with Section 601.051, Transportation
1-22     Code.  The Department of Public Safety shall provide the department
1-23     access to any information that will allow the department to comply
1-24     with this subsection.
 2-1           (b)  A sample selected under this section may not be
 2-2     classified on the basis of the owner's race, color, religion, sex,
 2-3     national origin, age, marital status, physical or mental
 2-4     disability, economic status, or geographic location.
 2-5           (c)  In addition to the general random sampling of motor
 2-6     vehicle registrations, the department may randomly select other
 2-7     persons who own a registered motor vehicle to verify that the
 2-8     person has established financial responsibility, including:
 2-9                 (1)  a person who, during the four years preceding the
2-10     date of selection, has been convicted of a violation of Section
2-11     601.191 or 601.195, Transportation Code, or Section 601.196,
2-12     Transportation Code, as it existed before repeal, including a
2-13     violation that occurred while the person was operating a motor
2-14     vehicle owned by another person; or
2-15                 (2)  a person whose driver's license or motor vehicle
2-16     registration has been suspended during the preceding four years.
2-17           (d)  The department shall send to the owner of a randomly
2-18     selected motor vehicle, or to a randomly selected motor vehicle
2-19     owner, a request for information about the motor vehicle and the
2-20     owner's method of establishing financial responsibility.  The
2-21     request must request that the owner state whether the owner has, as
2-22     of the verification date, established financial responsibility in
2-23     accordance with Section 601.051, Transportation Code.
2-24           (e)  The department:
2-25                 (1)  shall adopt rules as necessary to implement this
2-26     article; and
2-27                 (2)  by rule shall:
 3-1                       (A)  establish the frequency of sample selection;
 3-2     and
 3-3                       (B)  prescribe:
 3-4                             (i)  the methods employed for the random
 3-5     selection of samples and the procedures necessary for
 3-6     implementation of the verification process, including the method of
 3-7     sending the verification request, which may include certified mail,
 3-8     return receipt requested;
 3-9                             (ii)  the form for verification of
3-10     financial responsibility; and
3-11                             (iii)  the information to be requested in
3-12     the prescribed form.
3-13           (f)  The department may request that the information provided
3-14     by the owner 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     Chapter 601, Transportation Code, 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 of
3-23     Public Safety under Section 601.121, Transportation Code,
3-24     including:
3-25                       (A)  the name and address of the company issuing
3-26     the bond;
3-27                       (B)  the identification number of the bond; and
 4-1                       (C)  the expiration date of the bond;
 4-2                 (3)  by depositing cash or securities with the
 4-3     comptroller under Section 601.122, Transportation Code, including a
 4-4     copy of the certificate issued by the comptroller showing
 4-5     compliance;
 4-6                 (4)  by depositing cash or a cashier's check with the
 4-7     county judge of the county in which the motor vehicle is registered
 4-8     under Section 601.123, Transportation Code, including a copy of the
 4-9     certificate issued by the county judge showing compliance; or
4-10                 (5)  through self-insurance under Section 601.124,
4-11     Transportation Code, including a copy of the certificate of
4-12     self-insurance issued by the Department of Public Safety.
4-13           (g)  Not later than the 30th day after the verification date,
4-14     the owner to whom the notice is sent shall furnish the requested
4-15     information to the department in the form prescribed by the
4-16     department, accompanied by the owner's signed affirmation that the
4-17     information is true and correct.
4-18           (h)  If the owner responds to the request for information by
4-19     asserting that the owner had, as of the verification date,
4-20     established financial responsibility in accordance with a method
4-21     authorized by Section 601.051, Transportation Code, the department
4-22     may conduct a verification investigation as provided by Section
4-23     1.03 of this article.
4-24           SECTION 1.03.  VERIFICATION INVESTIGATION. (a)  To verify a
4-25     response received from an owner under Section 1.02 of this article,
4-26     the department or an agent of the department may furnish necessary
4-27     information to the insurer, surety, or officer named in the
 5-1     response.  Not later than the 30th day after the date of receipt of
 5-2     the information, the insurer, surety, or officer shall inform the
 5-3     department whether, as of the verification date, financial
 5-4     responsibility had been established for the affected motor vehicle
 5-5     in accordance with Section 601.051, Transportation Code.  An
 5-6     insurer who does not comply with this subsection is subject to an
 5-7     administrative penalty under Chapter 84, Insurance Code.
 5-8           (b)  If the response received from an owner under Section
 5-9     1.02 of this article states that financial responsibility has been
5-10     established through self-insurance, the department shall examine
5-11     the records of the Department of Public Safety to verify that a
5-12     certificate of self-insurance has been issued in accordance with
5-13     Section 601.124, Transportation Code.
5-14           SECTION 1.04.  REPORT TO LEGISLATURE. On or before January
5-15     30, 2003, the department shall submit a report to the lieutenant
5-16     governor and the speaker of the house of representatives that
5-17     details the results of the sampling conducted under this article.
5-18           SECTION 1.05.  EXPIRATION. This article expires September 1,
5-19     2003.
5-20                    ARTICLE 2.  PROOF OF INSURANCE CARDS
5-21           SECTION 2.01.  Subchapter A, Chapter 5, Insurance Code, is
5-22     amended by adding Article 5.06-7 to read as follows:
5-23           Art. 5.06-7.  FORM AND APPEARANCE OF PROOF OF MOTOR VEHICLE
5-24     LIABILITY INSURANCE. (a)  The commissioner shall prescribe by rule
5-25     a standard appearance and form for a card issued by an insurer as
5-26     proof of motor vehicle liability insurance prescribed by Section
5-27     601.081, Transportation Code.
 6-1           (b)  In prescribing the appearance of a proof of motor
 6-2     vehicle liability insurance card under Subsection (a) of this
 6-3     article, the commissioner shall require an appearance that is:
 6-4                 (1)  difficult to alter, duplicate, or counterfeit; and
 6-5                 (2)  not cost-prohibitive for consumers.
 6-6           (c)  A card issued as proof of motor vehicle liability
 6-7     insurance issued in this state by an insurer must conform to the
 6-8     form and appearance prescribed under Subsection (a) of this
 6-9     article.
6-10           SECTION 2.02.  (a)  The commissioner of insurance shall
6-11     prescribe the standard appearance and form of proof of motor
6-12     vehicle liability insurance cards as required by Article 5.06-7,
6-13     Insurance Code, as added by this article, not later than December
6-14     1, 2001.
6-15           (b)  A card issued by an insurer as proof of motor vehicle
6-16     liability insurance that is issued on or after January 1, 2002,
6-17     must conform with rules established by the commissioner of
6-18     insurance under Article 5.06-7, Insurance Code, as added by this
6-19     article.  Proof of motor vehicle liability insurance that is issued
6-20     before January 1, 2002, is governed by the law as it existed
6-21     immediately before the effective date of this Act, and that law is
6-22     continued in effect for that purpose.
6-23                          ARTICLE 3. EFFECTIVE DATE
6-24           SECTION 3.01.  This Act takes effect September 1, 2001.