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.