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AN ACT
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relating to verification of motor vehicle financial responsibility |
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information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 601.053, Transportation Code, is amended |
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by amending Subsections (a) and (c) and adding Subsections (d), |
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(e), and (f) to read as follows: |
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(a) As a condition of operating in this state a motor |
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vehicle to which Section 601.051 applies, the operator of the |
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vehicle on request shall provide to a peace officer, as defined by |
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Article 2.12, Code of Criminal Procedure, or a person involved in an |
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accident with the operator evidence of financial responsibility by |
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exhibiting: |
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(1) a motor vehicle liability insurance policy |
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covering the vehicle that satisfies Subchapter D or a photocopy of |
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the policy; |
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(2) a standard proof of motor vehicle liability |
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insurance form prescribed by the Texas Department of Insurance |
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under Section 601.081 and issued by a liability insurer for the |
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motor vehicle; |
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(2-a) an image displayed on a wireless communication |
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device that includes the information required by Section 601.081 as |
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provided by a liability insurer; |
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(3) an insurance binder that confirms the operator is |
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in compliance with this chapter; |
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(4) a surety bond certificate issued under Section |
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601.121; |
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(5) a certificate of a deposit with the comptroller |
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covering the vehicle issued under Section 601.122; |
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(6) a copy of a certificate of a deposit with the |
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appropriate county judge covering the vehicle issued under Section |
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601.123; or |
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(7) a certificate of self-insurance covering the |
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vehicle issued under Section 601.124 or a photocopy of the |
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certificate. |
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(c) Subsection (b) does not apply if the peace officer |
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determines through use of the verification program established |
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under Subchapter N that financial responsibility has been |
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established for the vehicle. If a peace officer has access to the |
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verification program, the officer may not issue a citation for a |
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violation of Section 601.051 unless the officer attempts to verify |
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through the program that financial responsibility has been |
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established for the vehicle and is unable to make that |
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verification. |
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(d) The display of an image that includes financial |
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responsibility information on a wireless communication device |
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under Subsection (a)(2-a) does not constitute effective consent for |
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a law enforcement officer, or any other person, to access the |
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contents of the wireless communication device except to view the |
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financial responsibility information. |
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(e) The authorization of the use of a wireless communication |
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device to display financial responsibility information under |
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Subsection (a)(2-a) does not prevent: |
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(1) a court of competent jurisdiction from requiring a |
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person to provide a paper copy of the person's evidence of financial |
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responsibility in a hearing or trial or in connection with |
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discovery proceedings; or |
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(2) the commissioner of insurance from requiring a |
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person to provide a paper copy of the person's evidence of financial |
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responsibility in connection with any inquiry or transaction |
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conducted by or on behalf of the commissioner. |
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(f) A telecommunications provider, as defined by Section |
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51.002, Utilities Code, may not be held liable to the operator of |
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the motor vehicle for the failure of a wireless communication |
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device to display financial responsibility information under |
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Subsection (a)(2-a). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 181 passed the Senate on |
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April 4, 2013, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 9, 2013, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 181 passed the House, with |
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amendment, on May 2, 2013, by the following vote: Yeas 147, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |