| 1 | 1 | | By: Flynn H.B. No. 2884 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to suspending a vehicle registration for the failure to |
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| 7 | 7 | | establish financial responsibility; imposing penalties. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter H, Chapter 601, Transportation Code, |
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| 10 | 10 | | is amended by adding Sections 601.235 and 601.236 to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | Sec. 601.235. SUSPENSION OF MOTOR VEHICLE REGISTRATION BY THE |
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| 13 | 13 | | TEXAS DEPARTMENT OF MOTOR VEHICLES. (a) The Texas Department of |
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| 14 | 14 | | Motor Vehicles may access the records of the Texas Department of |
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| 15 | 15 | | Insurance and the Department of Public Safety to perform its duties |
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| 16 | 16 | | under this section. |
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| 17 | 17 | | (b) The Texas Department of Motor Vehicles, using its own |
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| 18 | 18 | | records, the records of the Texas Department of Insurance, and the |
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| 19 | 19 | | records of the Department of Public Safety, shall verify quarterly |
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| 20 | 20 | | whether owners of motor vehicles have established financial |
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| 21 | 21 | | responsibility under this chapter. |
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| 22 | 22 | | (c) If the Texas Department of Motor Vehicles determines |
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| 23 | 23 | | that the owner of a motor vehicle has not established the financial |
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| 24 | 24 | | responsibility required by this chapter, that department shall send |
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| 25 | 25 | | a notice to the owner: |
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| 26 | 26 | | (1) requiring the owner to submit the evidence |
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| 27 | 27 | | required under Section 502.046 to the Texas Department of Motor |
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| 28 | 28 | | Vehicles before the 45th day after the date the notice is sent; and |
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| 29 | 29 | | (2) warning the owner that the Texas Department of |
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| 30 | 30 | | Motor Vehicles will suspend the owner's vehicle registration if the |
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| 31 | 31 | | owner does not comply with Subdivision (1). |
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| 32 | 32 | | (d) If the owner does not comply with Subsection (c)(1), the |
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| 33 | 33 | | Texas Department of Motor Vehicles shall suspend the owner's |
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| 34 | 34 | | vehicle registration and mail a notice to the owner in a timely |
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| 35 | 35 | | manner that states that the owner's vehicle registration is |
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| 36 | 36 | | suspended. |
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| 37 | 37 | | (e) A suspension under Subsection (d) continues until the |
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| 38 | 38 | | owner: |
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| 39 | 39 | | (1) submits evidence of financial responsibility |
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| 40 | 40 | | required under Section 502.046; and |
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| 41 | 41 | | (2) pays an administrative fee of $200. |
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| 42 | 42 | | (f) The Texas Department of Motor Vehicles shall adopt rules |
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| 43 | 43 | | to implement this section. |
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| 44 | 44 | | (g) Information obtained under this section is confidential |
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| 45 | 45 | | and may be used only for a purpose authorized by this section and |
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| 46 | 46 | | may not be used for a commercial purpose. The information may be |
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| 47 | 47 | | shared with counties. |
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| 48 | 48 | | (h) A person commits an offense if the person knowingly uses |
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| 49 | 49 | | information obtained under this section for any purpose not |
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| 50 | 50 | | authorized by this section. An offense under this subsection is a |
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| 51 | 51 | | Class B misdemeanor. |
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| 52 | 52 | | Sec. 601.236. AGENT.(a) The Texas Department of Motor |
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| 53 | 53 | | Vehicles, under a competitive bidding procedure, shall select an |
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| 54 | 54 | | agent to develop, implement, operate, and maintain the financial |
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| 55 | 55 | | responsibility verification program under Section 601.235. |
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| 56 | 56 | | (b) A contract under this section may not have a term of more |
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| 57 | 57 | | than eight years. |
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| 58 | 58 | | SECTION 2. The Texas Department of Motor Vehicles shall |
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| 59 | 59 | | select an agent required by Section 601.236, Transportation Code, |
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| 60 | 60 | | as added by this Act, before December 31, 2015. The department shall |
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| 61 | 61 | | adopt rules as required by Section 601.235, Transportation Code, as |
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| 62 | 62 | | added by this Act, not later than seven months before the full |
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| 63 | 63 | | implementation of the program under that section. The department |
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| 64 | 64 | | shall require full implementation of the program for vehicles |
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| 65 | 65 | | covered under a personal automobile insurance policy before |
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| 66 | 66 | | December 31, 2016, and implementation of that program for vehicles |
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| 67 | 67 | | covered under a commercial insurance policy when the department |
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| 68 | 68 | | determines that implementation for vehicles covered under a |
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| 69 | 69 | | commercial insurance policy is feasible. |
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| 70 | 70 | | SECTION 3. This Act takes effect September 1, 2015. |
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