83R15773 AJZ-F
By: Guillen, Sheets, Elkins H.B. No. 239
Substitute the following for H.B. No. 239:
By: Elkins C.S.H.B. No. 239
A BILL TO BE ENTITLED
AN ACT
relating to verification of motor vehicle financial responsibility
information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 601.053, Transportation Code, is amended
by amending Subsections (a) and (c) and adding Subsections (d),
(e), and (f) to read as follows:
(a) As a condition of operating in this state a motor
vehicle to which Section 601.051 applies, the operator of the
vehicle on request shall provide to a peace officer, as defined by
Article 2.12, Code of Criminal Procedure, or a person involved in an
accident with the operator evidence of financial responsibility by
exhibiting:
(1) a motor vehicle liability insurance policy
covering the vehicle that satisfies Subchapter D or a photocopy of
the policy;
(2) a standard proof of motor vehicle liability
insurance form prescribed by the Texas Department of Insurance
under Section 601.081 and issued by a liability insurer for the
motor vehicle;
(2-a) an image displayed on a wireless communication
device that includes the information required by Section 601.081 as
provided by a liability insurer;
(3) an insurance binder that confirms the operator is
in compliance with this chapter;
(4) a surety bond certificate issued under Section
601.121;
(5) a certificate of a deposit with the comptroller
covering the vehicle issued under Section 601.122;
(6) a copy of a certificate of a deposit with the
appropriate county judge covering the vehicle issued under Section
601.123; or
(7) a certificate of self-insurance covering the
vehicle issued under Section 601.124 or a photocopy of the
certificate.
(c) Subsection (b) does not apply if the peace officer
determines through use of the verification program established
under Subchapter N that financial responsibility has been
established for the vehicle. If a peace officer has access to the
verification program, the officer may not issue a citation for a
violation of Section 601.051 unless the officer attempts to verify
through the program that financial responsibility has been
established for the vehicle and is unable to make that
verification.
(d) The display of an image that includes financial
responsibility information on a wireless communication device
under Subsection (a)(2-a) does not constitute effective consent for
a law enforcement officer, or any other person, to access the
contents of the wireless communication device except to view the
financial responsibility information.
(e) The authorization of the use of a wireless communication
device to display financial responsibility information under
Subsection (a)(2-a) does not prevent:
(1) a court of competent jurisdiction from requiring a
person to provide a paper copy of the person's evidence of financial
responsibility in a hearing or trial or in connection with
discovery proceedings; or
(2) the commissioner of insurance from requiring a
person to provide a paper copy of the person's evidence of financial
responsibility in connection with any inquiry or transaction
conducted by or on behalf of the commissioner.
(f) A telecommunications provider, as defined by Section
51.002, Utilities Code, may not be held liable to the operator of
the motor vehicle for the failure of a wireless communication
device to display financial responsibility information under
Subsection (a)(2-a).
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.