HBA-MPM H.B. 1935 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1935
By: Lewis, Glenn
Insurance
4/6/1999
Introduced



BACKGROUND AND PURPOSE 

The Motor Vehicle Safety Responsibility Act was enacted to increase the
number of motorists purchasing liability insurance. This number has not
increased since its enactment.  Additionally, the imposition of a mandatory
fine and/or confinement in county jail may pose an economic hardship to
those who already cannot afford the liability insurance.  H.B. 1935 repeals
aspects of the Motor Vehicle Safety Responsibility Act and makes conforming
changes. 

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.  Repeals the following:

(1) Sections 502.153, 521.143, and 548.105, Transportation Code (Evidence
of Financial Responsibility, Evidence of Financial Responsibility Required,
and Evidence of Financial Responsibility  as Prerequisite to Issuance of
Inspection Certificate, respectively) 
(2) Sections 601.051, 601.052, and 601.053, Transportation Code
(Requirement of Financial Responsibility, Exceptions to Financial
Responsibility Requirement, and Evidence of Financial Responsibility). 
(3) Subchapters G, H, and I, Chapter 601, Transportation Code (Failure to
Maintain Motor Vehicle Liability Insurance or Otherwise Establish Financial
Responsibility; Criminal Penalties, Failure to Maintain Evidence of
Financial Responsibility; Suspension of Driver's License and Motor Vehicle
Registration, and Failure to Maintain Evidence of Financial Responsibility;
Impoundment of Motor Vehicle, respectively). 

SECTION 2.  Amends Subchapter C, Chapter 601, Transportation Code, as
follows: 

SUBCHAPTER C.  New title:  EVIDENCE OF FINANCIAL RESPONSIBILITY.  
Deletes "requirements" from title.

SECTION 3.  Amends Section 601.293(c), Transportation Code, to require the
magistrate to order a person to provide evidence that the person is exempt
from the requirements of this chapter under Section 601.007 (Applicability
of Chapter to Government Vehicles), Insurance Code, rather than the
requirement of Section 601.051, Insurance Code, as repealed by this Act, if
the magistrate determines that there is a reasonable possibility that a
judgment will be rendered against the person for bodily injury, death, or
property damage sustained in an accident. 

SECTION 4.  Amends Section 601.296(a), Transportation Code, to require the
Department of Public Safety (department) to issue a certificate of release
of an impounded vehicle to the owner, operator, or person authorized by the
owner on submission to the department of evidence of financial
responsibility showing that at the time of the accident the vehicle was
covered by financial responsibility meeting the requirements of this
chapter, rather than financial responsibility under Section 601.053,
Insurance Code, as repealed by this Act, or that the person was exempt from
the requirements of this chapter under Section 601.007, Insurance Code,
rather than Section 601.051,  Insurance Code, as repealed by this Act. 

SECTION 5.  Amends Section 502.352(c), Transportation Code, by authorizing
a person to obtain a permit under this section, among other means, by
furnishing to the county assessor-collector, the department, or the
department's wire service agent, evidence that financial responsibility for
the vehicle has been established that complies with Subchapter D, Chapter
601, Insurance Code, rather than Section 502.153(e) and Section 601.168(a)
(Insurance Policy or Bond; Limits), as repealed by this Act, Insurance
Code, and that is written by an insurance company or surety company
authorized to write motor vehicle liability insurance in this state.  Makes
nonsubstantive changes. 

SECTION 6.  Amends Section 502.353(d), Transportation Code, to authorize a
person to obtain a permit under this section by furnishing evidence that
financial responsibility has been established for the motor vehicle that
complies with Subchapter D, Chapter 601, rather than Sections 502.153(e),
as repealed by this Act and Section 601.168(a), the policies to be written
by an insurance company or surety company authorized to write motor vehicle
liability insurance in this state. 

SECTION 7.  Amends Section 521.249(b), Transportation Code, to delete the
requirement that the department issue an occupational license to a person
after compliance with Chapter 601, Insurance Code. 

SECTION 8.  Amends Section 600.002, Transportation Code, to require the
driver of a vehicle to produce a driver's license only, rather than a
driver's license and proof of compliance with Chapter 601, Insurance Code,
on demand of a peace officer within 250 feet of the Mexican border at a
checkpoint authorized by Section 411.0095 (Access to Criminal History
Record Information; Consumer Credit Commission), Government Code.  Makes
conforming and nonsubstantive changes. 

SECTION 9.  Amends Section 729.001(a), Transportation Code, to delete
Chapter 601, Insurance Code, from a list under which a person younger than
17 years of age commits an offense if operating a motor vehicle on a public
road or highway, street or alley in a municipality, or a public beach. 

SECTION 10.  Amends Section 84.004(c), Civil Practice and Remedies Code, to
provide that a volunteer of a charitable organization is liable to a person
for death, damage, or injury to the person or the person's property
proximately caused by an Act or omission arising from the operation or use
of any motor-driven equipment, including an airplane, to the extent, for a
motor vehicle, of the limits of liability required to establish financial
responsibility under Section 601.072, Insurance Code, rather than insurance
coverage required by Chapter 601, Insurance Code, and to the extent of any
existing insurance coverage applicable to the act or omission. 

SECTION 11.  Amends Section 61.096(b), Human Resources Code, to provide
that a volunteer is liable for personal injury, death, or property damage
proximately caused by an act or omission related to the operation or use of
any motor-driven equipment to the extent of the greater of the limits of
liability required to establish financial responsibility, rather than the
amount of financial responsibility required, for the motor-driven
equipment, if any, under Section 601.072, Insurance Code, rather than
Chapter 601, Insurance Code. 

SECTION 12.  Amends Section 157.042(d), Local Government Code, to provide
that liability coverage required under this section must be in amounts
equal to or greater than the limits of liability required to establish
financial responsibility under Section 601.072, Insurance Code, rather than
the amounts required by Chapter 601, Insurance Code, as repealed by this
Act. 

SECTION 13.  Amends Section 1(3), Article 21.81, Insurance Code, to
redefine "insurance" as a motor vehicle liability insurance policy, rather
than an insurance policy, meeting the requirements of Subchapter D, Chapter
601, Transportation Code, rather than Article 670lh, V.T.C.S. (Texas Motor
Vehicle Safety Responsibility Act). 

SECTION 14.  Amends Section 4(a), Article 21.81, Insurance Code, to require
the Texas Automobile Insurance Plan Association (association) to provide a
means by which insurance may be assigned to an authorized insurance company
for a person who is eligible for insurance under this article, rather than
for a person required by Article 670lh, V.T.C.S. (Texas Motor Vehicle
Safety  Responsibility Act). 

SECTION 15.  Amends Section 3(d), Article 21.81, Insurance Code, to require
the commissioner of insurance (commissioner) to notify the governing
committee in writing so that the committee may take corrective action if
the commissioner at any time believes that any part of the plan of
operation is not in keeping with the purposes of Chapter 601,
Transportation Code, rather than Article 670lh, V.T.C.S. (Texas Motor
Vehicle Safety Responsibility Act). 

SECTION 16.  Makes the change in law made by this Act to Sections 601.293
and 601.296, Transportation Code, prospective to the impoundment and
release of a motor vehicle impounded under Subchapter J, Chapter 601,
Transportation Code. 

SECTION 17.  Makes a change in law made by this Act prospective to the
punishment for an offense committed on or after the effective date of the
Act. 

SECTION 18.  Makes a change in law made by this Act to Section 84.004(c),
Civil Practice and Remedies Code, and Section 61.096(b), Human Resources
Code, prospective to a cause of action accruing on or after the effective
date of the Act. 

SECTION 19.  Makes a change in law made by SECTIONS 13-15 of this Act
prospective to an insurance policy delivered, issued for delivery, or
renewed on or after the effective date of this Act. 

SECTION 20.  Effective date:  January 1, 2000.

SECTION 21.  Emergency clause.