HBA-DMD C.S.H.B. 108 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 108
By: Alvarado
County Affairs
3/29/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, a county with a population of 1.4 million or less is not
required to provide peace officers with motor vehicle liability insurance
at county expense.  Additionally, the county is not required to provide
liability insurance for privately owned vehicles that are used for official
duties.  C.S.H.B. 108  requires a county with a population of 1,185,000 or
more to provide liability insurance at the county's expense for county
peace officers while using county or privately owned vehicles for official
duties. This bill also authorizes the commissioners court of a county to
adopt rules prohibiting or regulating the use of a privately owned motor
vehicle for the performance of county business or law enforcement duties by
a sheriff or constable or a deputy of a sheriff or constable. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 157.042, Local Government Code, as follows:

Sec. 157.042. New Title: MOTOR VEHICLE LIABILITY INSURANCE FOR PEACE
OFFICERS IN CERTAIN COUNTIES. Requires a county with a population of
1,185,000, rather than 1.4 million, to insure its sheriff, constables, and
full-time deputies against liability to third persons arising from the
operation or maintenance of privately owned motor vehicles to the extent
the vehicles are used for the performance of county business or law
enforcement duties. Creates Subdivision (1) from existing text and
Subdivision (2) from new text. Deletes "Automobile" and "Of More Than 1.4
Million" from existing title. Makes conforming and nonsubstantive changes. 

SECTION 2.  Amends Subchapter Z, Chapter 240, Local Government Code, by
adding Section 240.906, as follows: 

Sec. 240.906. REGULATION OF CERTAIN USE OF PRIVATELY OWNED VEHICLES.
Authorizes the commissioners court of a county to adopt rules prohibiting
or regulating the use of a privately owned motor vehicle for the
performance of county business or law enforcement duties by a sheriff or
constable or a deputy of a sheriff or constable. Provides that this section
does not authorize a commissioners court to adopt rules relating to the
private use of a privately owned motor vehicle. 

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 108 differs from the original bill in SECTION 1 (Section 157.042,
Local Government Code), by making a nonsubstantive change. This substitute
creates new SECTION 2 and redesignates the effective date and emergency
clause from SECTIONS 2 and 3 of the original bill to SECTIONS  3 and 4 of
the substitute. 

C.S.H.B. 108 differs from the original bill in SECTION 2 by amending
Subchapter Z, Chapter 240, Local Government Code, by adding Section
240.906, which authorizes the commissioners court of a county to adopt
rules prohibiting or regulating the use of a privately owned motor vehicle
for the performance of county business or law enforcement duties by a
sheriff or constable or a deputy of a sheriff or constable. This substitute
also provides that this section does not authorize a commissioners court to
adopt rules relating to the private use of a privately owned motor vehicle.