83R15773 AJZ-F
 
  By: Hegar, et al. S.B. No. 181
 
  (Guillen, Elkins, Sheets, Fallon)
 
  Substitute the following for S.B. No. 181:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to verification of motor vehicle financial responsibility
  information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 601.053, Transportation Code, is amended
  by amending Subsections (a) and (c) and adding Subsections (d),
  (e), and (f) to read as follows:
         (a)  As a condition of operating in this state a motor
  vehicle to which Section 601.051 applies, the operator of the
  vehicle on request shall provide to a peace officer, as defined by
  Article 2.12, Code of Criminal Procedure, or a person involved in an
  accident with the operator evidence of financial responsibility by
  exhibiting:
               (1)  a motor vehicle liability insurance policy
  covering the vehicle that satisfies Subchapter D or a photocopy of
  the policy;
               (2)  a standard proof of motor vehicle liability
  insurance form prescribed by the Texas Department of Insurance
  under Section 601.081 and issued by a liability insurer for the
  motor vehicle;
               (2-a)  an image displayed on a wireless communication
  device that includes the information required by Section 601.081 as
  provided by a liability insurer;
               (3)  an insurance binder that confirms the operator is
  in compliance with this chapter;
               (4)  a surety bond certificate issued under Section
  601.121;
               (5)  a certificate of a deposit with the comptroller
  covering the vehicle issued under Section 601.122;
               (6)  a copy of a certificate of a deposit with the
  appropriate county judge covering the vehicle issued under Section
  601.123; or
               (7)  a certificate of self-insurance covering the
  vehicle issued under Section 601.124 or a photocopy of the
  certificate.
         (c)  Subsection (b) does not apply if the peace officer
  determines through use of the verification program established
  under Subchapter N that financial responsibility has been
  established for the vehicle.  If a peace officer has access to the
  verification program, the officer may not issue a citation for a
  violation of Section 601.051 unless the officer attempts to verify
  through the program that financial responsibility has been
  established for the vehicle and is unable to make that
  verification.
         (d)  The display of an image that includes financial
  responsibility information on a wireless communication device
  under Subsection (a)(2-a) does not constitute effective consent for
  a law enforcement officer, or any other person, to access the
  contents of the wireless communication device except to view the
  financial responsibility information.
         (e)  The authorization of the use of a wireless communication
  device to display financial responsibility information under
  Subsection (a)(2-a) does not prevent:
               (1)  a court of competent jurisdiction from requiring a
  person to provide a paper copy of the person's evidence of financial
  responsibility in a hearing or trial or in connection with
  discovery proceedings; or
               (2)  the commissioner of insurance from requiring a
  person to provide a paper copy of the person's evidence of financial
  responsibility in connection with any inquiry or transaction
  conducted by or on behalf of the commissioner.
         (f)  A telecommunications provider, as defined by Section
  51.002, Utilities Code, may not be held liable to the operator of
  the motor vehicle for the failure of a wireless communication
  device to display financial responsibility information under
  Subsection (a)(2-a).
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.