| 1 | 1 | | 83R8062 AJZ-D |
|---|
| 2 | 2 | | By: Guillen H.B. No. 77 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 77: |
|---|
| 4 | 4 | | By: Davis of Dallas C.S.H.B. No. 77 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the verification of motor vehicle financial |
|---|
| 10 | 10 | | responsibility information. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Section 601.053, Transportation Code, is amended |
|---|
| 13 | 13 | | by amending Subsection (c) and adding Subsections (d), (e), and (f) |
|---|
| 14 | 14 | | to read as follows: |
|---|
| 15 | 15 | | (c) Subsection (b) does not apply if the peace officer |
|---|
| 16 | 16 | | determines through use of the verification program established |
|---|
| 17 | 17 | | under Subchapter N that financial responsibility has been |
|---|
| 18 | 18 | | established for the vehicle. If a peace officer has access to the |
|---|
| 19 | 19 | | verification program, the officer may not issue a citation for a |
|---|
| 20 | 20 | | violation of Section 601.051 unless the officer attempts to verify |
|---|
| 21 | 21 | | through the program that financial responsibility has been |
|---|
| 22 | 22 | | established for the vehicle and is unable to make that |
|---|
| 23 | 23 | | verification. |
|---|
| 24 | 24 | | (d) An operator required to provide evidence of financial |
|---|
| 25 | 25 | | responsibility under Subsection (a) may provide the evidence of |
|---|
| 26 | 26 | | financial responsibility in electronic format displayed on a |
|---|
| 27 | 27 | | wireless communication device or other portable electronic device. |
|---|
| 28 | 28 | | (e) The display of an image that includes financial |
|---|
| 29 | 29 | | responsibility information on a wireless communication device or |
|---|
| 30 | 30 | | other portable electronic device under Subsection (d) does not |
|---|
| 31 | 31 | | constitute effective consent for a law enforcement officer, or any |
|---|
| 32 | 32 | | other person, to access the contents of the wireless communication |
|---|
| 33 | 33 | | device or other portable electronic device except to view the |
|---|
| 34 | 34 | | financial responsibility information. |
|---|
| 35 | 35 | | (f) A telecommunications provider, as defined by Section |
|---|
| 36 | 36 | | 51.002, Utilities Code, may not be held liable to the operator of |
|---|
| 37 | 37 | | the motor vehicle for the failure of a wireless communication |
|---|
| 38 | 38 | | device to display financial responsibility information under |
|---|
| 39 | 39 | | Subsection (d). |
|---|
| 40 | 40 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 44 | 44 | | Act takes effect September 1, 2013. |
|---|