| 1 | 1 | | 83R15773 AJZ-F |
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| 2 | 2 | | By: Guillen, Sheets, Elkins H.B. No. 239 |
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| 3 | 3 | | Substitute the following for H.B. No. 239: |
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| 4 | 4 | | By: Elkins C.S.H.B. No. 239 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to verification of motor vehicle financial responsibility |
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| 10 | 10 | | information. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 601.053, Transportation Code, is amended |
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| 13 | 13 | | by amending Subsections (a) and (c) and adding Subsections (d), |
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| 14 | 14 | | (e), and (f) to read as follows: |
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| 15 | 15 | | (a) As a condition of operating in this state a motor |
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| 16 | 16 | | vehicle to which Section 601.051 applies, the operator of the |
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| 17 | 17 | | vehicle on request shall provide to a peace officer, as defined by |
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| 18 | 18 | | Article 2.12, Code of Criminal Procedure, or a person involved in an |
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| 19 | 19 | | accident with the operator evidence of financial responsibility by |
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| 20 | 20 | | exhibiting: |
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| 21 | 21 | | (1) a motor vehicle liability insurance policy |
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| 22 | 22 | | covering the vehicle that satisfies Subchapter D or a photocopy of |
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| 23 | 23 | | the policy; |
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| 24 | 24 | | (2) a standard proof of motor vehicle liability |
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| 25 | 25 | | insurance form prescribed by the Texas Department of Insurance |
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| 26 | 26 | | under Section 601.081 and issued by a liability insurer for the |
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| 27 | 27 | | motor vehicle; |
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| 28 | 28 | | (2-a) an image displayed on a wireless communication |
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| 29 | 29 | | device that includes the information required by Section 601.081 as |
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| 30 | 30 | | provided by a liability insurer; |
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| 31 | 31 | | (3) an insurance binder that confirms the operator is |
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| 32 | 32 | | in compliance with this chapter; |
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| 33 | 33 | | (4) a surety bond certificate issued under Section |
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| 34 | 34 | | 601.121; |
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| 35 | 35 | | (5) a certificate of a deposit with the comptroller |
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| 36 | 36 | | covering the vehicle issued under Section 601.122; |
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| 37 | 37 | | (6) a copy of a certificate of a deposit with the |
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| 38 | 38 | | appropriate county judge covering the vehicle issued under Section |
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| 39 | 39 | | 601.123; or |
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| 40 | 40 | | (7) a certificate of self-insurance covering the |
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| 41 | 41 | | vehicle issued under Section 601.124 or a photocopy of the |
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| 42 | 42 | | certificate. |
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| 43 | 43 | | (c) Subsection (b) does not apply if the peace officer |
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| 44 | 44 | | determines through use of the verification program established |
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| 45 | 45 | | under Subchapter N that financial responsibility has been |
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| 46 | 46 | | established for the vehicle. If a peace officer has access to the |
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| 47 | 47 | | verification program, the officer may not issue a citation for a |
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| 48 | 48 | | violation of Section 601.051 unless the officer attempts to verify |
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| 49 | 49 | | through the program that financial responsibility has been |
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| 50 | 50 | | established for the vehicle and is unable to make that |
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| 51 | 51 | | verification. |
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| 52 | 52 | | (d) The display of an image that includes financial |
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| 53 | 53 | | responsibility information on a wireless communication device |
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| 54 | 54 | | under Subsection (a)(2-a) does not constitute effective consent for |
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| 55 | 55 | | a law enforcement officer, or any other person, to access the |
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| 56 | 56 | | contents of the wireless communication device except to view the |
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| 57 | 57 | | financial responsibility information. |
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| 58 | 58 | | (e) The authorization of the use of a wireless communication |
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| 59 | 59 | | device to display financial responsibility information under |
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| 60 | 60 | | Subsection (a)(2-a) does not prevent: |
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| 61 | 61 | | (1) a court of competent jurisdiction from requiring a |
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| 62 | 62 | | person to provide a paper copy of the person's evidence of financial |
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| 63 | 63 | | responsibility in a hearing or trial or in connection with |
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| 64 | 64 | | discovery proceedings; or |
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| 65 | 65 | | (2) the commissioner of insurance from requiring a |
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| 66 | 66 | | person to provide a paper copy of the person's evidence of financial |
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| 67 | 67 | | responsibility in connection with any inquiry or transaction |
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| 68 | 68 | | conducted by or on behalf of the commissioner. |
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| 69 | 69 | | (f) A telecommunications provider, as defined by Section |
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| 70 | 70 | | 51.002, Utilities Code, may not be held liable to the operator of |
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| 71 | 71 | | the motor vehicle for the failure of a wireless communication |
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| 72 | 72 | | device to display financial responsibility information under |
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| 73 | 73 | | Subsection (a)(2-a). |
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| 74 | 74 | | SECTION 2. This Act takes effect immediately if it receives |
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| 75 | 75 | | a vote of two-thirds of all the members elected to each house, as |
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| 76 | 76 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 77 | 77 | | Act does not receive the vote necessary for immediate effect, this |
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| 78 | 78 | | Act takes effect September 1, 2013. |
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