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.