By: West S.B. No. 1187
(In the Senate - Filed March 1, 2017; March 9, 2017, read
first time and referred to Committee on Transportation;
April 12, 2017, reported favorably by the following vote: Yeas 9,
Nays 0; April 12, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the offense of operating a motor vehicle without
financial responsibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 601.053(c), Transportation Code, is
amended 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. A [If a] peace [officer has access to
the verification program, the] officer may not issue a citation for
an offense under [a violation of] Section 601.191 [601.051] unless
the officer attempts to verify through the verification program
that financial responsibility has been established for the vehicle
and is unable to make that verification.
SECTION 2. Section 601.191, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) A citation issued for an offense under this section must
include an affirmative indication that the peace officer was unable
at the time of the alleged offense to verify financial
responsibility for the vehicle through the verification program
established under Subchapter N.
SECTION 3. Section 708.103, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), each [Each] year
the department shall assess a surcharge on the license of each
person who during the preceding 36-month period has been convicted
of an offense under Section 521.457, 601.191, or 601.371.
(a-1) The department may not assess a surcharge on the
license of a person based on an offense under Section 601.191 if the
person proves to the department under Section 601.231(b) that the
person had financial responsibility at the time the offense was
alleged to have occurred.
SECTION 4. The change in law made by this Act to Section
708.103, Transportation Code, applies to a surcharge pending on the
effective date of this Act, regardless of when the surcharge was
assessed.
SECTION 5. 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, 2017.
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