SRC-LBB C.S.S.B. 422 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 422
78R10960 DWS-FBy: Bivins
Business & Commerce
4/4/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, 17 to 26 percent of Texas drivers are uninsured.  C.S.S.B. 422
provides methods to enhance enforcement of the state's laws requiring
motorists to possess current liability insurance; requires standard
appearance and form for proof of insurance cards; and permits the insured
to waive coverage for noneconomic and exemplary damages. 

RULEMAKING AUTHORITY

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. 


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 other certain 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 the motor
vehicle and the owner's method of establishing financial responsibility.
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 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 in the request for information 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 verify a response received from an owner under
Section 601.502 by furnishing necessary information to the insurer,
surety, or officer named in the response. 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.  Prohibits the owner or another person from registering a motor
vehicle for which registration has been terminated unless the civil
penalty provided by this section has been paid. 

(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). 

(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. 

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 $500 or more than $1,000,
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)  Increases the amount by which a court may reduce a fine from $175
to $500. 

SECTION 1.04.  Amends Section 601.195, Transportation Code, by adding
Subsection (c) to make a conforming change. 

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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.01  Amends As Filed S.B. 422, proposed Section 601.502(c)(1) to
change the reference from Section 601.508 to 601.506  in relation to
conviction of a violation of certain sections. Deletes proposed Section
601.502(c)(2) and redesignates  proposed Section 601.502(c)(3) to (c)(2).
Deletes proposed Section 601.502(h) relating to suspension of an owner's
motor vehicle registration and redesignates proposed Subsection (i) to
(h).  Amends proposed Section 601.504 to change the heading, creates
Subsection (a) from existing text and provides a civil penalty.  Adds
proposed Subsections (b)-(d).  Replaces proposed Section 601.505 with a
new proposed Section 601.505.  Deletes former proposed Sections 601.506
and 601.507.  Redesignates proposed Section 601.508 as Section 601.506.
Deletes proposed Section 601.509 and redesignates proposed Section 601.510
as Section 601.507. 

SECTION 1.02.  Deletes the phrase "register or maintain registration" from
proposed Subsection (a) in Section 601.051, Transportation Code. 

SECTION 1.03 through SECTION 1.06.  No changes.

ARTICLE 2 through ARTICLE 5.  No changes.