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.