C.S.H.B. 814 78(R)    BILL ANALYSIS


C.S.H.B. 814
By: Gutierrez
Insurance
Committee Report (Substituted)



BACKGROUND 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-ofinsurance
card and then cancel the insurance policy.  Other motorists purchase
fraudulent proof-ofinsurance 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.  C.S.H.B. 814
establishes a motor vehicle financial responsibility verification program
to verify compliance with the Motor Vehicle Safety Responsibility Act. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Department of Public Safety in SECTION 1 (Sections
601.442, 601.444, and 601.449, Transportation Code) and SECTION 3 (Section
601.081, Transportation Code), to the Texas Department of Transportation
and the Texas Department of Public Safety in SECTION 5 (Section  502.1715,
Transportation Code) and to the Texas Department of Public Safety in
SECTION 6 of this bill. 

ANALYSIS

C.S.H.B. 814 amends the Transportation Code to require the Department of
Public Safety (department) to establish a motor vehicle financial
responsibility verification program (program) to verify compliance with
the Texas Motor Vehicle Safety Responsibility Act.  The bill provides that
the program must comply with the federal Driver's Privacy Protection Act
of 1994.   

The bill requires the State Council on Competitive Government to select
and DPS to contract with an agent to administer the program and to develop
and maintain a computer database.  The bill requires the designated agent
to update the database and to compare all current motor vehicle
registrations provided by the Texas Department of Transportation (TxDot)
against the database, at least monthly.  The bill specifies the
requirements of a contract entered into between DPS and an agent. 

The bill requires the agent to mail a notice to selected owners of
vehicles for which financial responsibility has not been established.  The
notice must state that before the 31st day after the date of the notice
the owner must provide proof of financial responsibility and the notice
must explain the penalty for nocompliance.  If the owner has not provided
proof of financial responsibility before the 31st day after the date of
the notice, then the owner is liable for a civil penalty of $100 and the
agent is required to mail the owner a final warning.  The bill requires
TxDot to terminate registration, if an owner has not provided proof of
financial responsibility within 15 days after the date the final warning
is sent.  The bill requires the civil penalties to be delivered to the
comptroller for deposit to the credit of the general revenue fund. 

The bill prohibits the registration of a motor vehicle for which
registration has been terminated, unless the owner submits with a
registration application the $100 civil penalty and registration fees. The
bill requires the department to reinstate a terminated registration
without payment of any registration fees, if before the end of the
registration period the owner presents proof of financial responsibility. 
 
The bill specifies the information that insurance companies, the
department, and TxDot are required to provide to the agent for use in the
program.  An insurance company that does not provide required information
is liable for a civil penalty of $250 for each day the violation
continues.  The bill provides that information is confidential and may not
be disclosed , with certain exceptions.  The bill provides that the state,
an employee or officer of the state, an insurance company, or the
designated agent are not liable for an act performed in good faith in
carrying out the program provisions.  The bill provides that a person
commits a Class A misdemeanor offense by knowingly disclosing information
in violation of the provisions of the Act. 

The bill requires a person registering or renewing the registration of a
motor vehicle for which the owner is required to submit evidence of
financial responsibility to pay a fee of $1 for use in administering the
program and reimbursing the department for related expenses. The bill adds
the fee for the insurance verification program to the fees that a county
assessor-collector is required to send to TxDot weekly.  The bill requires
TxDOT and DPS to adopt rules and to develop forms necessary to administer
the provisions relating to fees. 

The bill authorizes the department to adopt rules as necessary to
implement the program and to waive a requirement that information be
provided, if the information is not useful or if the burden of collecting
the information is not justified.  The bill requires the department to
consult with TxDOT about rules that affect the reporting of information
relating to vehicle registrations.  

The bill requires the department to review the effectiveness of the
program and to determine the amount by which compliance with the Motor
Vehicle Safety Responsibility Act has increased and to report to the
lieutenant governor and the speaker of the house.  The provisions relating
to the review of the program expire September 2, 2010. 

The bill requires the department to provide for the production of a
standard proof of motor vehicle liability insurance form and requires
insurers issuing a standard proof of motor vehicle liability insurance
form to use the department form.  The bill authorizes the department to
adopt rules relating to these forms. 

The bill requires the governor to appoint a committee to investigate the
factors that determine motor vehicle liability insurance rates.  The bill
requires DPS and TxDot to conduct a program to inform the motoring public
throughout the state of the existence and requirements of the program, to
the extent that money is appropriated for this purpose. 

EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 814 modifies the original by removing the provisions relating to
the establishment of financial responsibility through random sampling.
The substitute adds that the agent is required to send notices to selected
owners of vehicles for which financial responsibility has not been
established, rather than authorizing the department to direct the agent to
mail a notice.  The substitute adds penalties for owners who do not
provide proof of financial responsibility within specified timeframes,
including civil penalties and termination of motor vehicle registrations.
The substitute adds provisions relating to the registration of motor
vehicles for which registration has been terminated.  The substitute
modifies the deadlines for reviewing the program and reporting to the
legislature.  The substitute adds the requirement for the governor to
appoint a committee to investigate the factors that  determine motor
vehicle liability insurance rates.  The substitute adds the requirement
for DPS and TxDot to conduct a program to inform the public of the
existence and requirements of the program.  The substitute adds language
regarding the selection of the designated agent, the contract with the
agent, and the date when the motor vehicle responsibility verification
database is operational.  The substitute removes provisions relating to
the offense of operating a motor vehicle in violation of a suspension.