BILL ANALYSIS

 

 

Senate Research Center

H.B. 1020

 

By: Miller, Sid; Darby (Davis)

 

Business & Commerce

 

5/18/2011

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Texas remains in the top percentile nationally for alcohol-related driving fatalities.  Currently, the Department of Public Safety (DPS) keeps files of SR-22 forms that show the insurance companies of persons convicted of driving while intoxicated (DWI), but these drivers are required to maintain only the minimum coverage required under law for proof of financial responsibility.  There is no increase in the amount of required insurance coverage for a subsequent DWI conviction.

 

According to the Texas Department of Transportation, nearly half of all DWI defendants are repeat offenders.  In addition, statistics show that a person previously convicted for DWI is almost twice as likely to be involved in a fatal accident as a person without a previous conviction.

 

H.B. 1020 amends current law relating to minimum liability insurance coverage amounts for persons convicted of offenses related to the operation of a motor vehicle while intoxicated.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 601.072, Transportation Code, by adding Subsections (a-2) and (a-3), as follows:

 

(a-2)  Requires a person convicted of an offense relating to the operating of a motor vehicle while intoxicated to maintain, in addition to the minimum coverage required by this section, additional motor vehicle liability insurance coverage to establish financial responsibility under this chapter.  Provides that the amounts of liability coverage required increase by $30,000 for each conviction. Provides that the increased coverage requirement under this subsection expires on the 10th anniversary of the date of the most recent conviction for which the additional coverage is required.

 

(a-3) Provides that, in this section, "offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09 (Enhanced Offenses and Penalties), Penal Code.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date:  September 1, 2011.