Texas 2017 - 85th Regular

Texas Senate Bill SB1187 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: West, et al. S.B. No. 1187
2		-	(Phillips)
	1	+	S.B. No. 1187
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the offense of operating a motor vehicle without
8	6		financial responsibility.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 601.053(c), Transportation Code, is
11	9		amended to read as follows:
12	10		(c) Subsection (b) does not apply if the peace officer
13	11		determines through use of the verification program established
14	12		under Subchapter N that financial responsibility has been
15	13		established for the vehicle. A [If a] peace [officer has access to
16	14		the verification program, the] officer may not issue a citation for
17	15		an offense under [a violation of] Section 601.191 [601.051] unless
18	16		the officer attempts to verify through the verification program
19	17		that financial responsibility has been established for the vehicle
20	18		and is unable to make that verification.
21	19		SECTION 2. Section 601.191, Transportation Code, is amended
22	20		by adding Subsection (e) to read as follows:
23	21		(e) A citation issued for an offense under this section must
24	22		include an affirmative indication that the peace officer was unable
25	23		at the time of the alleged offense to verify financial
26	24		responsibility for the vehicle through the verification program
27	25		established under Subchapter N.
28	26		SECTION 3. Section 708.103, Transportation Code, is amended
29	27		by amending Subsection (a) and adding Subsection (a-1) to read as
30	28		follows:
31	29		(a) Except as provided by Subsection (a-1), each [Each] year
32	30		the department shall assess a surcharge on the license of each
33	31		person who during the preceding 36-month period has been convicted
34	32		of an offense under Section 521.457, 601.191, or 601.371.
35	33		(a-1) The department may not assess a surcharge on the
36	34		license of a person based on an offense under Section 601.191 if the
37	35		person proves to the department under Section 601.231(b) that the
38	36		person had financial responsibility at the time the offense was
39	37		alleged to have occurred.
40	38		SECTION 4. The change in law made by this Act to Section
41	39		708.103, Transportation Code, applies to a surcharge pending on the
42	40		effective date of this Act, regardless of when the surcharge was
43	41		assessed.
44	42		SECTION 5. This Act takes effect immediately if it receives
45	43		a vote of two-thirds of all the members elected to each house, as
46	44		provided by Section 39, Article III, Texas Constitution. If this
47	45		Act does not receive the vote necessary for immediate effect, this
48	46		Act takes effect September 1, 2017.
	47	+	______________________________ ______________________________
	48	+	President of the Senate Speaker of the House
	49	+	I hereby certify that S.B. No. 1187 passed the Senate on
	50	+	April 24, 2017, by the following vote: Yeas 28, Nays 2.
	51	+	______________________________
	52	+	Secretary of the Senate
	53	+	I hereby certify that S.B. No. 1187 passed the House on
	54	+	May 20, 2017, by the following vote: Yeas 137, Nays 0, one
	55	+	present not voting.
	56	+	______________________________
	57	+	Chief Clerk of the House
	58	+	Approved:
	59	+	______________________________
	60	+	Date
	61	+	______________________________
	62	+	Governor