HBA-GUM, KMH H.B. 2535 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2535
By: Thompson
Judicial Affairs
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

The 75th Texas Legislature passed H.B. 853, which removed the requirement
that a court should dismiss a charge for failure to maintain financial
responsibility for a vehicle, and replaced that requirement with an
affirmative defense to prosecution of an offense if a person provides
documents proving financial responsibility at the time of the offense.
Establishing an affirmative defense is more time consuming than the old
procedure.  

H.B. 2535 provides that a court shall dismiss a charge for failure to
maintain financial responsibility of a vehicle when a person charged
provides proof of financial responsibility for the vehicle. 

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 601.193, Transportation Code, to provide that a
person's defense to an offense under Section 601.191 (Operation of Motor
Vehicle in Violation of Motor Vehicle Liability Insurance Requirement;
Offense) or 601.195 (Operation of Motor Vehicle in Violation of Requirement
to Establish Financial Responsibility; Offense), Transportation Code, is
that the person provide proof of financial responsibility to the court.
Requires the court dismiss a charge after the court verifies the document
provided as proof of financial responsibility.   

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.