79R2064 JD-D

By:  Farabee                                                      H.B. No. 534



A BILL TO BE ENTITLED

AN ACT

relating to certain civil consequences of operating a motor vehicle 
without financial responsibility.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 601.231(a), Transportation Code, is 
amended to read as follows:
	(a)  If a person is convicted of an offense under Section 
601.191 [and a prior conviction of that person under that section 
has been reported to the department by a magistrate or the judge or 
clerk of a court], the department shall suspend the driver's 
license and vehicle registrations of the person unless the person 
files and maintains evidence of financial responsibility with the 
department until the second anniversary of the date of the 
[subsequent] conviction.
	SECTION 2.  Section 601.233(a), Transportation Code, is 
amended to read as follows:
	(a)  A citation for an offense under Section 601.191 issued 
as a result of Section 601.053 must include, in type larger than 
other type on the citation, the following statement:
	"A [second or subsequent] conviction of an offense under the 
Texas Motor Vehicle Safety Responsibility Act will result in the 
suspension of your driver's license and motor vehicle registration 
unless you file and maintain evidence of financial responsibility 
with the Department of Public Safety for two years from the date of 
conviction.  The department may waive the requirement to file 
evidence of financial responsibility if you file satisfactory 
evidence with the department showing that at the time this citation 
was issued, the vehicle was covered by a motor vehicle liability 
insurance policy or that you were otherwise exempt from the 
requirements to provide evidence of financial responsibility."
	SECTION 3.  The heading to Section 708.103, Transportation 
Code, is amended to read as follows:
	Sec. 708.103.  SURCHARGE FOR CONVICTION OF DRIVING WHILE                       

LICENSE INVALID [OR WITHOUT FINANCIAL RESPONSIBILITY].       
	SECTION 4.  Section 708.103(a), Transportation Code, is 
amended to read as follows:
	(a)  Each year the department shall assess a surcharge on the 
license of each person who during the preceding 36-month period has 
been convicted of an offense under Section 521.457[, 601.191,] or 
601.371.
	SECTION 5.  Subchapter C, Chapter 708, Transportation Code, 
is amended by adding Section 708.105 to read as follows:
	Sec. 708.105.  SURCHARGE FOR SUBSEQUENT CONVICTION OF 
DRIVING WHILE WITHOUT FINANCIAL RESPONSIBILITY.  (a)  Each year the 
department shall assess a surcharge on the license of each person 
who during the preceding 12-month period has been convicted of a 
second or subsequent offense under Section  601.191.
	(b)  The amount of a surcharge under this section is $250.              
	SECTION 6.  (a)  Section 601.231, Transportation Code, as 
amended by this Act, applies only to an offense committed on or 
after the effective date of this Act.  An offense committed under 
that section before the effective date of this Act is covered by the 
law in effect on the date the offense was committed, and the former 
law is continued in effect for that purpose.
	(b)  Section 708.105, Transportation Code, as added by this 
Act, applies only to a second or subsequent offense committed under 
Section 601.191, Transportation Code, on or after the effective 
date of this Act.  A second or subsequent offense committed under 
Section 601.191 of that code before the effective date of this Act 
is covered by the law in effect on the date the offense was 
committed, and the former law is continued in effect for that 
purpose.
	(c)  For purposes of this section, an offense was committed 
before the effective date of this Act, if any element of the offense 
was committed before that date.
	SECTION 7.  This Act takes effect September 1, 2005.