Bill Text: TX HB239 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to verification of motor vehicle financial responsibility information.
Sponsorship: Partisan Bill (Republican 3)
Status: (Introduced - Dead) 2013-05-02 - Laid on the table subject to call [HB239 Detail]
Download: Texas-2013-HB239-Comm_Sub.html
| 83R15773 AJZ-F | |||
| By: Guillen, Sheets, Elkins | H.B. No. 239 | ||
| Substitute the following for H.B. No. 239: | |||
| By: Elkins | C.S.H.B. No. 239 | ||
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| relating to 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 Subsections (a) and (c) and adding Subsections (d), | ||
| (e), and (f) to read as follows: | ||
| (a) As a condition of operating in this state a motor | ||
| vehicle to which Section 601.051 applies, the operator of the | ||
| vehicle on request shall provide to a peace officer, as defined by | ||
| Article 2.12, Code of Criminal Procedure, or a person involved in an | ||
| accident with the operator evidence of financial responsibility by | ||
| exhibiting: | ||
| (1) a motor vehicle liability insurance policy | ||
| covering the vehicle that satisfies Subchapter D or a photocopy of | ||
| the policy; | ||
| (2) a standard proof of motor vehicle liability | ||
| insurance form prescribed by the Texas Department of Insurance | ||
| under Section 601.081 and issued by a liability insurer for the | ||
| motor vehicle; | ||
| (2-a) an image displayed on a wireless communication | ||
| device that includes the information required by Section 601.081 as | ||
| provided by a liability insurer; | ||
| (3) an insurance binder that confirms the operator is | ||
| in compliance with this chapter; | ||
| (4) a surety bond certificate issued under Section | ||
| 601.121; | ||
| (5) a certificate of a deposit with the comptroller | ||
| covering the vehicle issued under Section 601.122; | ||
| (6) a copy of a certificate of a deposit with the | ||
| appropriate county judge covering the vehicle issued under Section | ||
| 601.123; or | ||
| (7) a certificate of self-insurance covering the | ||
| vehicle issued under Section 601.124 or a photocopy of the | ||
| certificate. | ||
| (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) The display of an image that includes financial | ||
| responsibility information on a wireless communication device | ||
| under Subsection (a)(2-a) does not constitute effective consent for | ||
| a law enforcement officer, or any other person, to access the | ||
| contents of the wireless communication device except to view the | ||
| financial responsibility information. | ||
| (e) The authorization of the use of a wireless communication | ||
| device to display financial responsibility information under | ||
| Subsection (a)(2-a) does not prevent: | ||
| (1) a court of competent jurisdiction from requiring a | ||
| person to provide a paper copy of the person's evidence of financial | ||
| responsibility in a hearing or trial or in connection with | ||
| discovery proceedings; or | ||
| (2) the commissioner of insurance from requiring a | ||
| person to provide a paper copy of the person's evidence of financial | ||
| responsibility in connection with any inquiry or transaction | ||
| conducted by or on behalf of the commissioner. | ||
| (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 (a)(2-a). | ||
| 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. | ||
