By Madla S.C.R. No. 45
77R11169 JXC-D
CONCURRENT RESOLUTION
1-1 WHEREAS, The Texas Legislature amended the Motor Vehicle
1-2 Safety Responsibility Act in 1981 to reduce the number of uninsured
1-3 drivers operating vehicles on Texas roads; and
1-4 WHEREAS, The law requires motorists, as a condition of
1-5 operating a motor vehicle, to have established a level of financial
1-6 responsibility in any one of several ways, the most common being
1-7 the purchase of a motor vehicle liability insurance policy that
1-8 meets coverage requirements established by law; the law also
1-9 requires motorists to provide evidence of financial responsibility
1-10 when requested by a law enforcement officer, when obtaining or
1-11 renewing a license or registration, and for vehicle inspections;
1-12 and
1-13 WHEREAS, Although the law resulted in a sharp decrease in the
1-14 percentage of uninsured motorists immediately after its passage,
1-15 the number increased shortly thereafter, returning close to
1-16 previous levels where it continues to hover today; and
1-17 WHEREAS, The Texas Department of Insurance has estimated that
1-18 between 17 and 26 percent of Texas drivers do not carry the
1-19 necessary vehicle liability insurance as mandated by state law;
1-20 many uninsured drivers cannot afford the costs of liability
1-21 insurance; many are also high-risk drivers who are unable to
1-22 purchase insurance in the standard market; and
1-23 WHEREAS, Many of these motorists circumvent the law by
1-24 producing fraudulent documentation of coverage or canceling a
2-1 policy after using it to get a necessary license, inspection, or
2-2 registration; now, therefore, be it
2-3 RESOLVED, That the 77th Legislature of the State of Texas
2-4 hereby direct the Texas Department of Insurance to initiate an
2-5 interim study in cooperation with key agencies, such as the Texas
2-6 Department of Public Safety, to research and develop an
2-7 economically feasible insurance verification system that will focus
2-8 on the detection, investigation, and prosecution of motorists who
2-9 falsify a standard proof of motor vehicle liability insurance form;
2-10 and, be it further
2-11 RESOLVED, That this insurance verification system may:
2-12 1. randomly verify evidence of financial responsibility,
2-13 useful for prosecution under Section 37.01, Penal Code, and Section
2-14 601.080, Transportation Code;
2-15 2. be practically installed on a progressive basis in all
2-16 applicable counties, municipalities, and jurisdictions;
2-17 3. be developed under the confidentiality and disclosure
2-18 authorities found under Article 1.10D, Insurance Code, Insurance
2-19 Fraud Unit; and
2-20 4. develop a technology fund for implementation; and, be it
2-21 further
2-22 RESOLVED, That the department and other involved agencies
2-23 present a complete report of facts and findings to the house and
2-24 senate committees having primary jurisdiction over insurance not
2-25 later than January 1, 2003; and, be it further
2-26 RESOLVED, That the secretary of state forward an official
2-27 copy of this resolution to the commissioner of insurance of the
3-1 Texas Department of Insurance.