C.S.S.B. 422 78(R)    BILL ANALYSIS


C.S.S.B. 422
By: Bivins
Insurance
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current state law, Texas motorists are required to carry automobile
liability insurance or otherwise establish financial responsibility. In
addition, all persons operating a motor vehicle are required to show valid
proof of financial responsibility when requested by a peace officer, when
involved in an accident, or when obtaining certain registrations,
inspections, or licenses.  In 1998, the Department of Public Safety
estimated that roughly 20 percent of Texas motorists were uninsured. Some
motorists are able to circumvent insurance requirements by canceling
purchased insurance policies immediately after licensing and registration
requirements are met.  In addition, automobile insurance availability and
affordability have been cited as factors contributing to the number of
uninsured motorists.  C.S.S.B. 422 provides for verification of compliance
with and enforcement of financial responsibility requirements, requires
standard proof of insurance cards, and permits an insured to waive
coverage for noneconomic and exemplary damages. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Department of Transportation in SECTION 1.01
(Sections 601.502, Transportation Code) and to the Commissioner of
Insurance in SECTION 2.01 (Article 5.06-1, Insurance Code) and SECTION
3.01 (Article 5.06-7, Insurance Code) of this bill. . 

ANALYSIS

SECTION BY SECTION ANALYSIS 

ARTICLE 1. FINANCIAL RESPONSIBILITY REQUIREMENTS 

SECTION 1.01. Amends Chapter 601, Transportation Code, by adding
Subchapter N, as follows: 

SUBCHAPTER N. VERIFICATION OF COMPLIANCE WITH AND ENFORCEMENT OF FINANCIAL
RESPONSIBILITY REQUIREMENTS  

Sec. 601.501. DEFINITION. Defines "verification date." 

Sec. 601.502. VERIFICATION OF ESTABLISHMENT OF FINANCIAL RESPONSIBILITY
THROUGH RANDOM SAMPLING. (a) Requires the Texas Department of
Transportation (TxDOT) or an agent of that department to verify whether an
owner who is selected or whose motor vehicle is selected has established
financial responsibility through a process of random selection of samples
of registrations of motor vehicles and owners of motor vehicles. Requires
the Department of Public Safety (DPS) to provide the TxDOT access to
certain information.  

(b) Prohibits a sample from being selected by any discriminatory method. 

(c) Authorizes TxDOT to select certain other registered motor vehicle
owners, in addition to the general random sampling of motor vehicle
registrations, to verify that the person has established financial
responsibility.  

(d) Requires TxDOT to send a request for information about a motor vehicle
and the owner's method of establishing financial responsibility to
randomly selected motor vehicle owners. Provides that the  request must
require the owner to state whether financial responsibility has been
established as of the verification date.  

(e) Requires TxDOT to adopt rules as necessary to implement this
subchapter and requires TxDot by rule to establish the frequency of sample
selection and prescribe certain methods, a particular form, and
information to be requested in the form.  

(f) Authorizes TxDOT to require an owner to include a statement that the
owner had established financial responsibility as of the verification
date, through certain methods.  

(g) Requires the owner, to whom the notice is sent to furnish requested
information to TxDOT in the prescribed form, accompanied by a signed
affirmation that the information is true and correct by a certain date.  

(h) Authorizes TxDOT to conduct a verification investigation if the owner
asserts that the owner had, as of the verification date, established
financial responsibility.  

Sec. 601.503. VERIFICATION INVESTIGATION. (a) Authorizes TxDOT or an agent
of that department to furnish necessary information to the insurer,
surety, or officer named in the response in order to verify a response
received from an owner under Section 601.502. Requires the insurer,
surety, or officer to inform TxDOT by a certain date, after the date of
receipt of the information, whether financial responsibility had been
established for the affected motor vehicle. Provides that an insurer is
subject to an administrative penalty for not complying with this
subsection. 

(b) Requires TxDOT to examine DPS records to verify that a certificate of
self- insurance has been issued if an owner has stated that financial
responsibility has been established through self-insurance.  

Sec. 601.504. CIVIL PENALTY; WARNING NOTICE. (a) Provides that if an owner
responds under Section 601.502 that the owner has not established
financial responsibility or the owner fails to respond in a timely manner
or if TxDOT otherwise determines that an owner has registered or
maintained the registration of a motor vehicle without establishing
financial responsibility in accordance with Section 601.051(a):  

(1) Provides that the owner is liable to the state for a civil penalty of
$250; and  

(2) Requires TxDOT to mail the owner a warning stating certain
information.  

(b) Requires TxDOT to terminate the registration for the motor vehicle, if
an owner of a motor vehicle has not provided evidence of financial
responsibility to TxDOT within the 30 days after the date the warning is
sent. 

(c) Requires each notice or warning sent under this section to include, in
English and Spanish, a clear and reasonably complete statement of an
owner's rights and responsibilites under this chapter.  

(d) Requires TxDOT to recover its costs in implementing and administering
the verification program under this subchapter from the civil penalties
collected under this chapter. Requires TxDOT to deposit any amounts
collected that exceed the administrative costs of TxDOT under this
subchapter to the credit of the general revenue fund.  

Sec. 601.505. REGISTRATION OF MOTOR VEHICLE FOR WHICH REGISTRATION
TERMINATED. (a) Prohibits the registration of a motor vehicle for which
registration is terminated under Section 601.504(b) unless the owner
submits the required $250 civil penalty and certain other fees, except as
provided by Subsection (b), (c), and (d).  

(b) Requires TxDOT to reinstate the terminated registration of a motor
vehicle without payment of any fee under subsection (a)(2) if before the
end of the registration period during which the registration was
terminated the owner of the motor vehicle presents certain evidence of
financial responsibility.  

 (c) Provides that notwithstanding the terms of this Subchapter:

(1) no lien attaches to a vehicle as a result of a violation of this
Subchapter; 

(2) a person is not liable for a fine or penalty levied under this section
or Section 601.504 if the person did not own the vehicle at the time the
fine or penalty was levied; and 

(3) neither a tax assessor-collector nor the Texas Department of
Transportation may refuse to register a vehicle on the ground that a prior
owner of the vehicle violated this Subchapter. 

(d) Provides that the provisions of Subsection (c) are not available to:

(1) a person who received a title to the vehicle as a gift from the prior
owner; or 

(2) a person who received the title to the vehicle from a family member,
unless the Texas Department of Transportation is satisfied that the
transfer is in good faith and not to defeat the purpose of this
Subchapter. 

Sec. 601.506. DISPLAY OF FALSE PROOF OF FINANCIAL RESPONSIBILITY; OFFENSE. 
(a) Provides that a person commits an offense if the person knowingly
provides false proof of financial responsibility or evidence of financial
responsibility that is illegally altered, counterfeit, or otherwise
invalid to certain officers of the court.  

(b) Requires a peace officer to confiscate invalid evidence of financial
responsibility for presentation in court if the officer issues a citation
to a motor vehicle operator for displaying invalid evidence of financial
responsibility.  

(c) Provides that an offense under this section is punishable by a fine of
not less than $500 or more than $750.  

Sec. 601.507. USE OF AGENTS. Authorizes TxDOT to submit requests for
proposals for contracts with private vendors to perform the random
sampling and the verification investigations as an agent of that
department. Authorizes TxDOT to enter into contracts as necessary to
implement the use of agents.  

SECTION 1.02. Amends Section 601.051, Transportation Code, as follows: 

(a) Creates this subsection from existing text. 

(b) Adds this subsection to prohibit an owner of a motor vehicle from
allowing another person to operate the motor vehicle in this state unless
financial responsibility is established and evidenced.  

SECTION 1.03. Amends Section 601.191, Transportation Code, as follows: 

Sec. 601.191. New Heading: OPERATION OF MOTOR VEHICLE IN VIOLATION OF
FINANCIAL RESPONSIBILITY REQUIREMENTS; OFFENSE. (a) Provides that a person
commits an offense if the person operates a motor vehicle or permits
another person to operate a motor vehicle in violation of Section 601.051.

(b) Increases the fine for an offense under this section from not less
than $175 or more than $350 to not less than $350 or more than $500,
except as provided by Subsection (d).  

(c) Provides that it is a defense to prosecution under this section that
the owner or operator charged with an offense produces satisfactory
evidence in court that at the time of the alleged offense, the owner or
operator had established financial responsibility. Deletes reference to
previous convictions of an offense under this section and the related
fines.  

(d) Provides that a court may reduce a fine to not less than $350, rather
than $175, if a person a person who has not been previously convicted is
economically unable to pay the fine.  
 
SECTION 1.04. Amends Section 601.195, Transportation Code, by adding
Subsection (c) to provide that it is a defense to prosecution under this
section that a person charged with an offense produces in court
satisfactory evidence that, at the time of the alleged offense, the owner
or operator had established financial responsibility in accordance with
Subchapter F or K, as applicable. 

SECTION 1.05. Requires TxDOT, in performing sample selection under Section
601.502, Transportation Code, as added by this Act, to ensure that at
least 500,000 samples are selected on or before September 1, 2005.  

SECTION 1.06. (a) Requires TxDOT, in cooperation with the Texas Department
of Insurance and the Department of Public Safety of the State of Texas, to
conduct an evaluation of the implementation and operation of the
verification program adopted under Chapter 601N, Transportation Code, as
added by this Act, and of the effectiveness of the verification program in
increasing compliance with the financial responsibility requirements
established under Chapter 601C, Transportation Code. Requires the
evaluation to include certain information.  

(b) Requires TxDOT to enter into contracts, memoranda of understanding, or
interagency agreements as necessary to implement this section.  

(c) Requires TxDOT to report the results of the evaluation conducted under
this section to the legislature not later than February 1, 2011. Requires
TxDOT to provide written copies of the report to the governor, the
lieutenant governor, and the speaker of the house of representatives.  

ARTICLE 2. UNINSURED AND UNDERINSURED MOTORIST COVERAGE SECTION 2.01.
Amends Article 5.06-1, Insurance Code, as follows:  

(a) Redesignated from Subdivision (1).  Deletes language referring to an
Assigned Risk Plan established under Section 35 of the Texas Motor Vehicle
Safety-Responsibility Act and inserts the Texas Automobile Insurance Plan
Association. Replaces "Board" with "commissioner of insurance
(commissioner)" and "him" with "the named insured." Makes conforming and
nonsubstantive changes.  

(b) Redesignated from Subdivision (2). Defines "exemplary damages" and
"noneconomic damages." Makes nonsubstantive and conforming changes.  

(c) Makes a conforming change. 

(e) Provides that this subsection applies except as provided by Subsection
(f) of this article. Replaces the Texas Motor Vehicle
Safety-Responsibility Act with Chapter 601, Transportation Code. Makes a
conforming change.  

(f) Authorizes the named insured to elect to waive coverage under this
article for recovery of noneconomic and exemplary damages resulting from
bodily injury, sickness, or disease, including death. Provides that if an
insured elects to waive coverage under this subsection, Subsection (e) of
this article does not apply to the limits of liability that are applicable
to the coverage provided under the policy issued to the insured for
damages resulting from bodily injury, sickness, or disease, including
death. Authorizes the commissioner by rule to adopt minimum limits of
liability applicable to those damages. Provides that waiver of coverage
under this subsection does not affect the insured's right to bring an
action for noneconomic and exemplary damages against a responsible party.
Provides that written rejection of coverage for noneconomic and exemplary
damages is not effective unless the insurer provides the insured with a
written notice, acknowledged in writing by the insured at the time of the
rejection, disclosing the amount of potential coverage that is available,
the types of damages that would be covered, and the amount of premium
saved because the coverage is rejected.  

(g) Redesignated from Subdivision (4)(a). Makes a conforming change. 

(h) Redesignated from Subdivision (4)(b). 

 (i) Redesignated from Subdivision (5). Provides that if the named insured
has waived coverage under Subsection (f) of this article for recovery of
noneconomic and exemplary damages, the amount paid to the insured may not
include any amount attributable to noneconomic and exemplary damages.  

(j) Redesignated from Subdivision (6) to make conforming and
nonsubstantive changes.  

(k) Redesignated from Subdivision (7). 

(l) Redesignated from Subdivision (8) to make nonsubstantive changes. 

ARTICLE 3. PROOF OF INSURANCE CARDS 

SECTION 3.01. Amends Subchapter A, Chapter 5, Insurance code, by adding
Article 5.06-7.  

Article 5.06-7. FORM AND APPEARANCE OF PROOF OF MOTOR VEHICLE LIABILITY
INSURANCE. (a) Requires the commissioner of insurance (commissioner) to
prescribe by rule a standard appearance and form for a proof of motor
vehicle liability insurance card.  

(b) Requires the commissioner to require an appearance of the card that is
difficult to alter, duplicate, or counterfeit and not cost-prohibitive for
consumers.  

ARTICLE 4. REPEALER 

SECTION 4.01. Repealer: Section 601.193 ( Defense: Financial
Responsibility in Effect at Time of Alleged Offense), Transportation Code.

ARTICLE 5. TRANSITION; EFFECTIVE DATE 

SECTION 5.01. Makes application of the change in law made by this Act to
Chapter 601, Transportation Code, prospective.  

SECTION 5.02. Makes application of amendments to Article 5.06-1, Insurance
Code, prospective to January 1, 2004.  

SECTION 5.03. (a) Effective date: September 1, 2003, except as provided by
Subsection (b) of this section.  

(b) Article 1 of this Act takes effect January 1, 2005.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 422 modifies the original by providing that it is a defense to
prosecution under Section 601.195 (Operation of a motor vehicle in
violation of requirement to establish financial responsibility) of the
Transportation Code that the person charged with an offense produces
evidence that the owner or operator had established financial
responsibility in accordance with Subchapter F or K, rather than Section
601.051(a).