HBA-RBT H.B. 267 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 267
By: Wolens
Insurance
2/10/1999
Introduced



BACKGROUND AND PURPOSE 

A significant number of people are not in compliance with the Texas Motor
Vehicle Safety Responsibility Act which requires each person who registers
or maintains a motor vehicle to establish financial responsibility through
liability insurance or other approved methods.  H.B. 267 requires the Texas
Department of Public Safety to establish a system of random checks to
verify whether individuals are in compliance with the financial
responsibility requirements of the Texas Motor Vehicle Safety
Responsibility Act.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Public Safety in
SECTION 1 (Section 601.501, Transportation Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 601, Transportation Code, by adding Subchapter
N, as follows: 

SUBCHAPTER N.  VERIFICATION AND ENFORCEMENT OF ESTABLISHMENT OF FINANCIAL
RESPONSIBILITY. 

Sec.  601.501.  VERIFICATION OF ESTABLISHMENT OF FINANCIAL RESPONSIBILITY.
(a) Requires the Department of Public Safety (department) to select random
samples of motor vehicle registrations or owners of motor vehicles subject
to this chapter, for the purpose of verifying whether or not the owners of
motor vehicles have established financial responsibility in accordance with
Section 601.051, Transportation Code (Requirement of Financial
Responsibility).  Authorizes the department to select additional random
samples of registrations of motor vehicles from selected groups for
verification. Provides that the groups may include, but are not limited to,
registrations of motor vehicles owned by persons whose motor vehicle
registrations have been suspended during the preceding four years under
Sections 601.191 (Operation of Motor Vehicle in Violation of Motor Vehicle
Liability Insurance Requirement; Offense), 601.195 (Operation of Motor
Vehicle in Violation of Requirement to Establish Financial Responsibility;
Offense), 601.196 (Evidence Forged or Signed Without Authority; Offense),
601.505 (Operation of a Motor Vehicle When Registration Suspended for
Failure to Establish Financial Responsibility), or 601.507 (Display of
False Proof of Financial Responsibility), Transportation Code (the
specified sections), who have been convicted during the preceding four
years of violating specified sections, who have been convicted during the
preceding four years of violating specified sections while operating
vehicles owned by other persons, whose driver's license or vehicle
registration has been suspended during the preceding four years, or who
received deferred adjudication during the preceding four years, under
Article 45.54, Texas Code of Criminal Procedure (Suspension of Sentence and
Deferral of Final Disposition) for violating specified sections. 

(b) Requires the department, in order to prepare for the selection of
random samples and the department's verification of financial
responsibility, to send requests for information to randomly selected
owners regarding their motor vehicles and their method of  establishing
financial responsibility.  Requires the request to require the owner to
state whether the owner had established financial responsibility in
accordance with the requirements of Section 601.051, Transportation Code,
on the verification date stated in the department's request.  Requires the
department to prescribe by rule the methods employed for the selection of
random samples, the frequency of random samples to be selected, the form
that the department shall use for verification of financial responsibility,
and the information that is to be requested.  Authorizes the request to
require a statement by the owner that the owner had established financial
responsibility in compliance with the specified sections through liability
insurance, by filing a surety bond, by depositing $55,000 in cash or
securities with the appropriate entity, or through self-insurance.  

(c) Requires a motor vehicle owner who receives a request to furnish within
30 days the information on the form prescribed by the department, which
must include a signed affirmation that the information is true and correct.
Provides that an owner who fails to respond to an information request, or
whose response indicates that the owner had not established financial
responsibility in accordance with Section 601.051, Transportation Code, is
considered to have registered or maintained a motor vehicle in violation of
that section. 

(d) Authorizes the department to verify an owner's statement that the owner
has established financial responsibility in accordance with Section
601.051, Transportation Code, by furnishing the necessary information to
the insurer, the company issuing the surety bond, the entity with whom the
owner deposited the required funds or securities, or by searching the
department's records to verify that a certificate of self-insurance has
been issued.  Requires the recipient of the department's information to
inform the department within 30 days whether or not the owner had
established financial responsibility in accordance with this chapter on the
verification date. 

(e) Requires the department to prescribe by rule the procedures necessary
for the implementation of the verification process. 

(f) Prohibits selecting a random sample group based on race, religion, sex,
national origin, age, marital status, physical or mental disability,
economic status, or geography. 

Sec.  601.502.  FAILURE TO ESTABLISH FINANCIAL RESPONSIBILITY-NOTICE.
Requires that, if the department determines that an owner has registered or
maintained the registration of a motor vehicle without establishing
financial responsibility, the department mail a notice to the owner
informing the owner that the owner's vehicle registration will be suspended
in 45 days unless the owner furnishes proof within 30 days that the owner
had established financial responsibility. 

Sec.  601.503.  FAILURE TO ESTABLISH FINANCIAL RESPONSIBILITYSUSPENSION AND
REINSTATEMENT.  (a) Requires the department to suspend the vehicle
registration of any motor vehicle determined to be in violation of Section
601.051, Transportation Code, or any motor vehicle operated in violation of
other specified sections, by an operator other than the owner of the
vehicle.  Requires the department to disregard whether the owner has
subsequently established financial responsibility or no longer owns the
vehicle if making a decision to suspend. 

(b) Authorizes the department to suspend the registration of any motor
vehicle registered in this state if the department receives notice that the
operator of the motor vehicle was convicted in another state of an offense
which would be a violation under Section 601.051, if committed in this
state. 

(c) Requires the suspension, until it is terminated, to remain in force
after the registration is renewed or a new registration is acquired for the
motor vehicle.  Requires the suspension to apply to any vehicle to which
the owner transfers the registration. 

(d) Requires the department, for a first violation, to terminate the
suspension upon  payment of a reinstatement fee of $100 and submission of
proof of financial responsibility. 

(e) Requires the department, if an owner has two or more violations of
Section 601.505 within four years, to terminate the suspension four months
after its effective date upon payment of a reinstatement fee of $100 and
submission of proof of financial responsibility. 

(f) Requires all fees to be deposited in the General Revenue Fund.

Sec.  601.504.  SUBMISSION OF FALSE PROOF-PENALTY.  (a) Requires the
department to suspend an owner's vehicle registration if the department
determines that the proof of financial responsibility submitted is false.
Requires the department to terminate the suspension six months after its
effective date upon payment of a reinstatement fee of $200 and submission
of proof of financial responsibility.  Requires all fees collected to be
deposited in the General Revenue Fund. 

Sec.  601.505.  OPERATION OF A MOTOR VEHICLE WHEN REGISTRATION SUSPENDED
FOR FAILURE TO ESTABLISH FINANCIAL RESPONSIBILITY. Prohibits any person
from operating a vehicle if the vehicle's registration is suspended under
Sections 601.503 or 601.504.  Establishes that a violation of this section
is a business offense and that the punishment will be a fine of between
$1,000 and $2,000. 

Sec.  601.506.  EVIDENCE OF FINANCIAL RESPONSIBILITY.  (a) Requires the
operator of a motor vehicle to carry within the vehicle proof of financial
responsibility.  Lists the types of documents which will satisfy this
requirement. 

(b) Requires any person to display the evidence of financial responsibility
to a peace officer upon request.  Provides that any person who does not
comply with the peace officer's request is in violation of Section 601.051,
Transportation Code.  Provides that any person who provides evidence of
financial responsibility and knows that financial responsibility has not
been established under Section 601.051, Transportation Code, or knows that
the evidence of financial responsibility is illegally altered, counterfeit,
or otherwise invalid, is in violation of Sections 601.196 or 601.507,
Transportation Code. 

(c) Defines "display."

Sec.  601.507.  DISPLAY OF FALSE PROOF OF FINANCIAL RESPONSIBILITY.
Provides that a person commits a misdemeanor if the person displays
evidence of financial responsibility to a peace officer, court, or officer
of the court, and knows that financial responsibility has not been
established as required under Section 601.051, Transportation Code, or
knows that the evidence is illegally altered, counterfeit, or otherwise
invalid. Requires a peace officer to confiscate the evidence of financial
responsibility for presentation in court if the officer issues a citation
for displaying invalid evidence of financial responsibility.  Provides that
the punishment for violating this section is a fine of up to $1,000,
confinement in the county jail for up to a year, or a combination of a fine
and confinement. 

SECTION 2.  Amends Section 601.051, Transportation Code, to prohibit a
person from registering, maintaining, or operating a motor vehicle unless
financial responsibility is established.  Prohibits the owner of a motor
vehicle from allowing another person to operate, register or maintain
registration of a motor vehicle unless financial responsibility is
established.  Requires a person who fails to comply with a request display
evidence of financial responsibility, as required under Section 601.506, to
be deemed to be operating a motor vehicle in violation of this section. 

SECTION 3.  Amends Section 601.191, Transportation Code, as follows:

Sec.  601.191.  New title:  OPERATION OF MOTOR VEHICLE IN VIOLATION OF
FINANCIAL RESPONSIBILITY REQUIREMENTS RATHER THAN OPERATION OF  MOTOR
VEHICLE IN VIOLATION OF MOTOR VEHICLE LIABILITY INSURANCE REQUIREMENT.
Deletes "MOTOR VEHICLE LIABILITY INSURANCE REQUIREMENT" from existing
title.  Provides that an offense under this section is a business offense,
rather than a misdemeanor.  Amends the range of punishment to a fine
between $500 and $1,000, rather than between $175 and $350 for first
offenders, or between $350 and $1,000 for subsequent offenders.  Deletes a
provision allowing a fine of less than $175 for first-time offenders who
are unable to pay the fine.  Requires an acquittal of a person charged
under this section if the person can produce satisfactory evidence that at
the time of arrest, the owner or operator had established financial
responsibility.  Makes a conforming change. 

SECTION 4.  Repealer: Subchapter H, Chapter 601, Transportation Code
(Failure to Maintain Evidence of Financial Responsibility; Suspension of
Driver's License and Motor Vehicle Registration), and Subchapter I, Chapter
601, Transportation Code (Failure to Maintain Evidence of Financial
Responsibility; Impoundment of Motor Vehicle). 

SECTION 5.  Amends Section 12.02, Subchapter A, Chapter 12, Penal Code, to
include business offenses in the classification of offenses.  Makes
nonsubstantive changes. 

SECTION 6.  Amends Subchapter A, Chapter 12, Penal Code, to add Section
12.05, as follows: 

Sec.  12.05.  CLASSIFICATION OF BUSINESS OFFENSE.  Provides that the fine
for a business offense is at least $500.  Provides that a conviction of a
business offense does not impose any legal disability or disadvantage. 

SECTION 7.  Amends Subchapter B, Chapter 12, Penal Code, as follows:

New title: SUBCHAPTER B.  ORDINARY MISDEMEANOR 
AND BUSINESS OFFENSE PUNISHMENTS.

Sec.  12.24.  BUSINESS OFFENSE.  Requires the punishment for a business
offense to be a fine of at least $500. 

SECTION 8.  Effective date: September 1, 1999.

SECTION 9.  Emergency clause.