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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of the financial responsibility |
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verification program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 502.357(b), (c), and (d), |
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Transportation Code, are amended to read as follows: |
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(b) Fees collected under this section shall be deposited to |
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the credit of the state highway fund except that the comptroller |
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shall provide for a portion of the fees to be deposited first to the |
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credit of a special fund in the state treasury outside the general |
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revenue fund to be known as the TexasSure Fund in a total amount |
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that is necessary to cover the total amount appropriated to the |
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office of the attorney general [Texas Department of Insurance] from |
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that fund and for the remaining fees to be deposited to the state |
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highway fund. Subject to appropriations, the money deposited to |
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the credit of the state highway fund under this section may be used |
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by the Department of Public Safety to: |
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(1) support the Department of Public Safety's |
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reengineering of the driver's license system to provide for the |
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issuance by the Department of Public Safety of a driver's license or |
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personal identification certificate, to include use of image |
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comparison technology; and |
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(2) make lease payments to the master lease purchase |
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program for the financing of the driver's license reengineering |
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project. |
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(c) Subject to appropriation, fees collected under this |
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section may be used by the Department of Public Safety, the office |
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of the attorney general [Texas Department of Insurance], the |
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Department of Information Resources, and the department to carry |
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out Subchapter N, Chapter 601. |
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(d) The Department of Public Safety, the office of the |
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attorney general [Texas Department of Insurance], the Department of |
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Information Resources, and the department shall jointly adopt rules |
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and develop forms necessary to administer this section. |
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SECTION 2. Section 601.451, Transportation Code, is amended |
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to read as follows: |
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Sec. 601.451. DEFINITION. In this subchapter, |
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"implementing agencies" means: |
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(1) the department; |
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(2) the Texas Department of Motor Vehicles; |
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(3) the Texas Department of Insurance; [and] |
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(4) the Department of Information Resources; and |
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(5) the office of the attorney general. |
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SECTION 3. Section 601.452(a), Transportation Code, is |
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amended to read as follows: |
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(a) The office of the attorney general [Texas Department of |
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Insurance] in consultation with the other implementing agencies |
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shall establish a program for verification of whether owners of |
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motor vehicles have established financial responsibility. The |
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program established must be: |
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(1) the program most likely to: |
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(A) reduce the number of uninsured motorists in |
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this state; |
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(B) operate reliably; |
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(C) be cost-effective; |
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(D) sufficiently protect the privacy of the motor |
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vehicle owners; |
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(E) sufficiently safeguard the security and |
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integrity of information provided by insurance companies; |
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(F) identify and employ a method of compliance |
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that improves public convenience; and |
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(G) provide information that is accurate and |
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current; and |
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(2) capable of being audited by an independent |
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auditor. |
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SECTION 4. Section 601.453(a), Transportation Code, is |
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amended to read as follows: |
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(a) The office of the attorney general [Texas Department of |
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Insurance] in consultation with the other implementing agencies, |
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under a competitive bidding procedure, shall select an agent to |
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develop, implement, operate, and maintain the program. |
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SECTION 5. Not later than January 1, 2024, the following are |
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transferred from the Texas Department of Insurance to the office of |
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the attorney general: |
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(1) the powers, duties, functions, and activities of |
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the Texas Department of Insurance relating to the establishment and |
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operation of the financial responsibility verification program |
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under Subchapter N, Chapter 601, Transportation Code; |
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(2) any obligations and contracts of the Texas |
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Department of Insurance that are directly related to implementing a |
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power, duty, function, or activity transferred under this section; |
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and |
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(3) all property and records in the custody of the |
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Texas Department of Insurance that are related to a power, duty, |
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function, or activity transferred under this section and all funds |
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appropriated by the legislature for that power, duty, function, or |
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activity. |
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SECTION 6. Not later than the 60th day after the effective |
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date of this Act, the Texas Department of Insurance and the office |
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of the attorney general shall enter into a memorandum of |
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understanding that establishes a plan for the identification and |
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transfer of the records, property, and unspent appropriations of |
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the Texas Department of Insurance that are used for purposes of the |
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department's powers and duties directly related to the |
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establishment and operation of the financial responsibility |
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verification program under Subchapter N, Chapter 601, |
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Transportation Code. |
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SECTION 7. This Act takes effect September 1, 2023. |