78R7547 JD-D

By:  Keffer of Dallas                                             H.B. No. 2612



A BILL TO BE ENTITLED

AN ACT

relating to towing and storage of a commercial motor vehicle for 
which certain coverage exists under a commercial motor vehicle 
insurance policy.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 5, Insurance Code, is 
amended by adding Article 5.06-7 to read as follows:
	Art. 5.06-7.  PROOF OF LIABILITY INSURANCE FORM FOR 
COMMERCIAL MOTOR VEHICLE. The commissioner by rule shall require a 
proof of motor vehicle liability insurance issued for a commercial 
motor vehicle insurance policy to contain, in addition to 
information required under Section 601.081, Transportation Code, a 
statement of whether the policy provides coverage for towing and 
storage charges and a telephone number that a person may call to 
request confirmation of the coverage.
	SECTION 2.  Subchapter F, Chapter 684, Transportation Code, 
is amended by adding Section 684.102 to read as follows:
	Sec. 684.102.  RELEASE OF COMMERCIAL VEHICLE REQUIRED ON 
PROOF OF INSURANCE COVERAGE.  (a)  If the owner or operator of a 
commercial motor vehicle stored by a towing company or vehicle 
storage facility submits a proof of motor vehicle liability 
insurance form that indicates the insurance coverage includes 
coverage for towing and storage charges for the vehicle, the towing 
company or vehicle storage facility shall call the telephone number 
on the form to request confirmation of the coverage.
	(b)  If coverage for towing and storage charges for the 
vehicle is confirmed, the towing company or vehicle storage 
facility  may not require the owner or operator of the vehicle to 
pay the charges before releasing the vehicle.
	(c)  Section 684.085 does not apply to a violation of this 
section.   
	SECTION 3.  (a)  Not later than November 1, 2003, the 
commissioner of insurance shall adopt all rules necessary to 
implement Article 5.06-7, Insurance Code, as added by this Act.
	(b)  The change in law made by this Act applies only to a 
vehicle towed or put into a vehicle storage facility on or after the 
effective date of this Act.
	SECTION 4.  This Act takes effect September 1, 2003.