HBA-KMH H.B. 2535 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2535
By: Thompson
Judicial Affairs
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

In the 75th Legislative Session, the legislature passed H.B. 853.  That
bill removed the requirement that a court should dismiss a charge for
failure to maintain financial responsibility for a vehicle and replaced
this requirement with an affirmative defense to prosecution of an offense
if a person provides documents proving financial responsibility at the time
of the offense.  Establishing an affirmative defense is more time consuming
than the old procedure.  

H.B. 2535 provides that a court shall dismiss a charge for failure to
maintain financial responsibility of a vehicle when a person charged
provides proof of financial responsibility for the vehicle. 

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 601.193, Transportation Code, to provide that a
person's defense to an offense under Section 601.191 (Operation of Motor
Vehicle in Violation of Motor Vehicle Liability Insurance Requirement;
Offense) or 601.195 (Operation of Motor Vehicle in Violation of Requirement
to Establish Financial Responsibility; Offense), Transportation Code, is
that the person provide proof of financial responsibility to the court.
Requires the court dismiss a charge after the court verifies the document
provided as proof of financial responsibility.   

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.