HBA-DMD H.B. 108 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 108 By: Alvarado County Affairs 7/27/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, a county with a population of 1.4 million or less was not required to provide peace officers with motor vehicle liability insurance at county expense. Additionally, the county was not required to provide liability insurance for privately owned vehicles that are used for official duties. H.B. 108 requires a county with a population of 1,185,000 or more to provide liability insurance at the county's expense for county peace officers while using county or privately owned vehicles for official duties. This bill also authorizes the commissioners court of a county to adopt rules prohibiting or regulating the use of a privately owned motor vehicle for the performance of county business or law enforcement duties by a sheriff or constable or a deputy of a sheriff or constable. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 157.042, Local Government Code, as follows: Sec. 157.042. New Title: MOTOR VEHICLE LIABILITY INSURANCE FOR PEACE OFFICERS IN CERTAIN COUNTIES. Requires a county with a population of more than 1,185,000, rather than 1.4 million, to insure its sheriff, constables, and full-time deputies against liability to third persons arising from the operation or maintenance of privately owned motor vehicles to the extent the vehicles are used for the performance of county business or law enforcement duties. Creates Subdivision (1) from existing text and Subdivision (2) from new text. Deletes "Automobile" and "Of More Than 1.4 Million" from existing title. Makes conforming and nonsubstantive changes. SECTION 2. Amends Subchapter Z, Chapter 240, Local Government Code, by adding Section 240.906, as follows: Sec. 240.906. REGULATION OF CERTAIN USE OF PRIVATELY OWNED VEHICLES. Authorizes the commissioners court of a county to adopt rules prohibiting or regulating the use of a privately owned motor vehicle for the performance of county business or law enforcement duties by a sheriff or constable or a deputy of a sheriff or constable. Provides that this section does not authorize a commissioners court to adopt rules relating to the private use of a privately owned motor vehicle. SECTION 3.Effective date: September 1, 1999. SECTION 4.Emergency clause.