SRC-LBB H.B. 814 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 814
By: Gutierrez (Barrientos)
Infrastructure Development and Security
5/20/2003
Engrossed


DIGEST AND PURPOSE 

The Texas Motor Vehicle Safety Responsibility Act prohibits a person from
operating a motor vehicle in Texas unless financial responsibility is
established for that vehicle.  Even so, many motorists circumvent the law.
Some purchase an insurance policy solely to receive a proof-of-insurance
card and then cancel the insurance policy.  Other motorists purchase
fraudulent proof-of-insurance cards based on nonexistent or deceptive
insurance policies.  These techniques prevent a proof-of-insurance card
from being an effective method of verifying whether a motorist complies
with current financial responsibility requirements.  H.B. 814 establishes
a motor vehicle  financial responsibility verification program to verify
compliance with the Motor Vehicle Safety Responsibility Act. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of
Public Safety in SECTION 1 (Sections 601.442, 601.444 and 601.448,
Transportation Code), SECTION 2 (Section 601.0521, Transportation Code),
and SECTION 4 (SECTION 601.081, Transportation Code) of this bill. 

Rulemaking authority is expressly granted to the Texas Department of
Transportation and the Texas Department of Public Safety in SECTION 6
(Section 502.1715, Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 601, Transportation Code, by adding Subchapter
N, as follows: 

SUBCHAPTER N.  MOTOR VEHICLE FINANCIAL RESPONSIBILITY VERIFICATION

 Sec. 601.441.  DEFINITIONS.  Defines "database," "designated agent," and
"program."  

Sec. 601.442.  ESTABLISHMENT OF PROGRAM.  (a)  Requires the Department of
Public Safety (DPS) to establish a motor vehicle financial responsibility
verification program to verify compliance with this chapter. 

(b)  Requires DPS by rule to administer the program with the assistance of
a designated agent. 

(c)  Requires the program to comply with the Driver's Privacy Protection
Act of 1994 (18 U.S.C. Section 2721 et seq.), as amended. 

Sec. 601.443.  DESIGNATED AGENT:  MAINTENANCE OF DATABASE.  (a) Requires
DPS to contract with a person selected by the State Council on Competitive
Government under a competitive bidding procedure to act as DPS's
designated agent under this subchapter.  Requires the contract to be
funded from money appropriated for this purpose from the state highway
fund. 

(b)  Requires the designated agent to develop and maintain a computer
database to manage and provide access to information provided under
Sections 601.445,  601.446, and 601.447. 

(c)  Requires the database to be developed, maintained, and administered
in accordance with guidelines established by DPS to permit efficient
access by courts and state and local law enforcement agencies. 

Sec. 601.444.  VERIFICATION: NOTICE FOR NONCOMPLIANCE.  (a)  Requires the
designated agent, with information provided by DPS and TxDOT, to, at least
monthly: 

(1)  update the database with the motor vehicle insurance information
provided by insurers under Section 601.445; and 
(2)  compare all current motor vehicle registrations provided by TxDOT
against the database. 

(b)  Requires the designated agent to mail a notice to owners of vehicles
for which a comparison under this section shows that financial
responsibility has not been established.  Provides that the designated
agent is not required to send a notice to all of those owners, but is
required to determine the owners to which the notice is sent in the manner
provided by DPS rule.  Prohibits the manner of selection from being based
directly or indirectly on the owner's race, religion, sex, national
origin, age, marital status, physical or mental disability, economic
status, or geographic location.  Requires the notice to state that before
the 31st day after the date of the notice, the owner must provide certain
information. 
  
(c)  Requires each notice sent under this section to include, in English
and Spanish, a clear and reasonably complete statement of an owner's
rights and responsibilities under this chapter. 

Sec. 601.445.  INFORMATION PROVIDED BY INSURANCE COMPANY.  (a) Requires
each insurance company providing motor vehicle liability policies in this
state to provide the designated agent a record of each motor vehicle
insurance policy, including: 

(1)  the insurance policy number, effective date, and expiration date of
the policy; 
(2)  the name, address, and driver's license number of each driver insured
by the policy; and 
(3)  the make, model, year, and vehicle identification number of each
vehicle covered by the policy. 

(b)  Requires each insurance company to provide information required by
Subsection (a) to the designated agent in an electronic submission monthly
or more frequently as prescribed by the public safety director.  Requires
the designated agent and public safety director to consult with
representatives of the insurance industry in determining appropriate
formats and procedures for submission of the information. 

(c)  Requires the insurance company to provide corrected information to
the designated agent in a timely manner as prescribed by the public safety
director after the date the insurance company receives notice of the error
from the designated agent, if information provided by an insurance company
to the designated agent is incorrect. 

(d)  Provides that an insurance company that does not provide information
as required by this section is liable to the state for a civil penalty of
$250 for each day the violation continues. 

Sec. 601.446.  INFORMATION PROVIDED BY DEPARTMENT.  (a)  Requires DPS to
provide the designated agent the following information on each Texas
driver's license  holder: 

  (1)  the holder's name and address; and
  (2)  the driver's license number and expiration date.

  (b)  Requires DPS, for each motor vehicle covered by a bond filed under
Section   601.121, a deposit made under Section 601.123, or a certificate
of self-insurance 
  issued under Section 601.124, to provide to the designated agent:

  (1)  the owner's name and address; and
  (2)  the owner's driver's license number and expiration date.

  (c)  Requires DPS to notify the designated agent of:

  (1)  the cancellation of a bond filed under Section 601.121;
  (2)  the cancellation of a deposit made under Section 601.123; or
(3)  the termination of a certificate of self-insurance issued under
Section 601.124. 

(d)  Provides that this section does not require DPS to provide to the
designated agent information that is not in the possession of DPS. 

(e)  Requires DPS to provide the information under this section in an
electronic submission to the designated agent in a timely manner as
prescribed by the public safety director. 

Sec. 601.447.  INFORMATION PROVIDED BY TEXAS DEPARTMENT OF TRANSPORTATION.
(a)  Requires TxDOT to provide DPS or its designated agent the following
information for each vehicle to which this chapter applies, to the extent
the information is in TxDOT's records: 

  (1)  the owner's name and address;
  (2)  the make, model, and year of the vehicle;
(3)  the vehicle identification number and vehicle license plate number;
and 
  (4)  the date the certificate of title was issued for the vehicle.

(b)  Provides that TxDOT is not required to provide information under this
section about a vehicle registered under Subchapter G, Chapter 502. 

(c)  Requires TxDOT to provide the information under this section and each
change to information previously provided under this section in a weekly
report that includes the information for registrations and changes
occurring during the week preceding the date of the report. 

(d)  Requires TxDOT to provide by electronic submission to DPS or its
designated agent any information required under this section in a timely
manner as prescribed by the public safety director. 

Sec. 601.448.  RULES.  (a)  Authorizes DPS to adopt rules as necessary to
implement this subchapter. 

(b)  Requires DPS to consult with TxDOT about rules that affect the
reporting of information relating to vehicle registrations. 

(c)  Authorizes DPS by rule to waive a requirement that particular
information be provided to the designated agent if DPS finds that the
information is not useful for enforcing this chapter or that the burden of
collecting or reporting the information is not justified by its value in
enforcing this chapter. 
 
Sec. 601.449.  USE OF INFORMATION PROVIDED TO DESIGNATED AGENT.  (a)
Provides that information provided by an insurance company under Section
601.445, DPS under Section 601.446, or TxDOT under Section 601.447 remains
the property of the insurance company or agency, as applicable.  Provides
that the information is confidential and prohibits its disclosure, except
as provided by this section. 

(b)  Authorizes the designated agent to disclose whether financial
responsibility has been established for a motor vehicle only to a state or
local governmental entity enforcing this chapter. 

(c)  Provides that a person commits an offense if the person knowingly
discloses information in violation of this subchapter.  Provides that an
offense under this subsection is a Class A misdemeanor. 

(d)  Provides that the state, an employee or officer of the state, an
insurance company, or the designated agent is not liable for an act
performed in good faith in carrying out this subchapter, except that the
designated agent is liable to an insurance company damaged by the
designated agent's negligent failure to protect the confidential and
proprietary nature of the information disclosed to the designated agent by
the insurance company. 

Sec. 601.450.  REVIEW OF PROGRAM.  (a)  Requires DPS, after January 1,
2009, and before January 1, 2010, to review the effectiveness of the
program and determine the amount by which compliance with this chapter has
increased between September 1, 2003, and the date of the review.  Requires
DPS to review all aspects of the program, including effectiveness and
efficiency, and the error rate in matching proof of financial
responsibility with motor vehicle registrations.  Authorizes DPS to
coordinate with the Texas Department of Insurance to conduct the review. 

(b)  Requires DPS, before September 1, 2010, to report its findings and
recommendations to the lieutenant governor and the speaker of the house of
representatives. 

  (c)  Provides that this section expires September 2, 2010.

SECTION 2.  Amends Subchapter C, Chapter 601, Transportation Code, by
adding Section 601.0521, as follows: 

Sec. 601.0521.  SEASONAL EXCEPTION FOR CERTAIN FARM VEHICLES.  (a) Defines
"road tractor," "truck-tractor," "farm tractor," "farm trailer," and "farm
semitrailer."  

(b)  Provides that during a season when the vehicle is not in use, Section
601.051 does not apply to a road tractor, truck-tractor, farm tractor,
farm trailer, or farm semitrailer used exclusively to transport seasonally
harvested agricultural products or livestock from the place of production
to the place of processing, market, or storage. 

(c)  Authorizes the designated agent to send a notice under Section
601.444 to the owner of a vehicle to which this section applies only
during a season when the vehicle is in use. 

(d)  Requires DPS by rule to provide a method of determining the season
when a vehicle to which this section applies is in use. 

SECTION 3.  Amends Section 601.053(a), Transportation Code, to replace the
Texas Department of Insurance with DPS in relation to a standard proof of
motor vehicle liability insurance form. 

 SECTION 4.  Amends Section 601.081, Transportation Code, as follows:

Sec. 601.081.  STANDARD PROOF OF MOTOR VEHICLE LIABILITY INSURANCE FORM.
(a)  Requires DPS to provide for the production of a standard proof of
motor vehicle liability insurance form for use by insurers.  Authorizes
DPS to contract with another person for production of the form. 

(b)  Requires each insurer issuing a standard proof of motor vehicle
liability insurance form to use a form produced by DPS 

(c)  Authorizes DPS to adopt rules to implement this section, including
rules relating to the use of security features for the form. 

  (d)  Makes a conforming change.

SECTION 5.  Amends Section 502.104, Transportation Code, as follows:

 Sec. 502.104.  DISPOSITION OF CERTAIN SPECIAL FEES. Includes a reference
to  Section 502.1715 in relation to collected fees. 

SECTION 6.  Amends Subchapter D, Chapter 502, Transportation Code, by
adding Section 502.1715, as follows: 

Sec. 502.1715.  ADDITIONAL FEE FOR MOTOR VEHICLE INSURANCE VERIFICATION
PROGRAM.  (a)  Requires an applicant, in addition to other fees imposed
for registration of a motor vehicle, at the time of application for
registration or renewal of registration of a motor vehicle for which the
owner is required to submit evidence of financial responsibility under
Section 502.153, to pay a fee of $1. 

(b)  Requires fees collected under this section to be deposited to the
credit of the state highway fund.  Requires TxDOT to use money
appropriated from the state highway fund that represents those fees to
administer Subchapter N, Chapter 601, and Section 601.081 and to reimburse
DPS for expenses in administering those provisions. 

(c)  Requires TxDOT and DPS to adopt rules and develop forms necessary to
administer this section. 

SECTION 7.  (a)  Provides that not later than December 31, 2003:

(1)  Requires the State Council on Competitive Government to select and
DPS to contract with an entity to serve as the designated agent under
Subchapter N, Chapter 601, Transportation Code, as added by this Act; and 

(2)  Requires DPS to adopt any rules necessary to implement Subchapter N,
Chapter 601, Transportation Code, as added by this Act. 

(b)  Provides that a motor vehicle insurance company, DPS, and TxDOT are
not required to report under Section 601.445, 601.446, or 601.447,
Transportation Code, as added by this Act, before the date on which DPS
declares that the motor vehicle financial responsibility verification
database is ready to receive data. 

(c)  Requires the contract entered into under Subsection (a) to require
that the designated agent ensure certain requirements. 
  
SECTION 8.  Requires DPS and TxDOT, at the time of initiation of the motor
vehicle financial responsibility verification program established under
Subchapter N, Chapter 601, Transportation Code, as added by this Act, to
the extent money is appropriated for this purpose, conduct a program to
inform the motoring public throughout the state of the existence and
requirements of  the program. 

SECTION 9.  Requires the governor to appoint a committee to investigate
the factors that determine motor vehicle liability insurance rates in this
state.  Requires the committee to include representatives of insurers who
provide motor vehicle liability policies in this state, consumers, and
persons with actuarial and economic expertise.  Requires the committee,
not later than December 31, 2004, to submit a report of its findings and
recommendations for making motor vehicle liability insurance more
affordable to the governor, the lieutenant governor, the speaker of the
house of representatives, the Texas Department of Insurance, DPS, and
TxDOT. 

SECTION 10.  Effective date:  September 1, 2003.