| 1 | 1 | | 81R512 JD-D |
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| 2 | 2 | | By: Leibowitz H.B. No. 31 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the amount of liability insurance required to be |
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| 8 | 8 | | maintained on certain buses owned by a motor carrier. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 643.101(b), Transportation Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) Except as provided by Sections [Section] 643.1015 and |
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| 13 | 13 | | 643.1016, the department by rule may set the amount of liability |
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| 14 | 14 | | insurance required at an amount that does not exceed the amount |
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| 15 | 15 | | required for a motor carrier under a federal regulation adopted |
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| 16 | 16 | | under 49 U.S.C. Section 13906(a)(1). In setting the amount the |
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| 17 | 17 | | department shall consider: |
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| 18 | 18 | | (1) the class and size of the vehicle; and |
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| 19 | 19 | | (2) the persons or cargo being transported. |
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| 20 | 20 | | SECTION 2. Subchapter C, Chapter 643, Transportation Code, |
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| 21 | 21 | | is amended by adding Section 643.1016 to read as follows: |
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| 22 | 22 | | Sec. 643.1016. AMOUNT REQUIRED FOR CERTAIN BUSES. (a) This |
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| 23 | 23 | | section applies only to a bus that is designed or used to transport |
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| 24 | 24 | | 26 or more passengers, not including the operator, and is owned by a |
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| 25 | 25 | | motor carrier required to be registered under Subchapter B. |
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| 26 | 26 | | (b) The owner of a bus shall maintain liability insurance in |
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| 27 | 27 | | the amount of at least $10 million combined single limit. |
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| 28 | 28 | | SECTION 3. Section 643.103(a), Transportation Code, is |
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| 29 | 29 | | amended to read as follows: |
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| 30 | 30 | | (a) A motor carrier that is required to register under |
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| 31 | 31 | | Subchapter B must file with the department evidence of insurance in |
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| 32 | 32 | | the amounts required by Section 643.101, [or] 643.1015, or |
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| 33 | 33 | | 643.1016, or evidence of financial responsibility as described by |
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| 34 | 34 | | Section 643.102, in a form prescribed by the department. The form |
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| 35 | 35 | | must be filed: |
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| 36 | 36 | | (1) at the time of the initial registration; |
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| 37 | 37 | | (2) at the time of a subsequent registration if the |
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| 38 | 38 | | motor carrier was required to be continuously registered under |
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| 39 | 39 | | Subchapter B and the carrier failed to maintain continuous |
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| 40 | 40 | | registration; |
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| 41 | 41 | | (3) at the time a motor carrier changes insurers; and |
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| 42 | 42 | | (4) at the time a motor carrier changes ownership, as |
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| 43 | 43 | | determined by rules adopted by the department. |
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| 44 | 44 | | SECTION 4. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2009. |
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