83R8062 AJZ-D By: Guillen H.B. No. 77 Substitute the following for H.B. No. 77: By: Davis of Dallas C.S.H.B. No. 77 A BILL TO BE ENTITLED AN ACT relating to the 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 Subsection (c) and adding Subsections (d), (e), and (f) to read as follows: (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) An operator required to provide evidence of financial responsibility under Subsection (a) may provide the evidence of financial responsibility in electronic format displayed on a wireless communication device or other portable electronic device. (e) The display of an image that includes financial responsibility information on a wireless communication device or other portable electronic device under Subsection (d) does not constitute effective consent for a law enforcement officer, or any other person, to access the contents of the wireless communication device or other portable electronic device except to view the financial responsibility information. (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 (d). 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.