HBA-MPM S.B. 1329 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1329
By: Bivins
Insurance
4/30/2001
Engrossed



BACKGROUND AND PURPOSE 

Approximately 17 to 26 percent of Texas drivers are currently uninsured.
Senate Bill 1329 provides methods to enhance enforcement of the state's
laws requiring motorists to possess current liability insurance, provides
access to short-term auto liability insurance for visiting motorists,
requires standard appearance and form for proof of insurance cards, and
permits the insured to waive coverage for noneconomic and exemplary
damages. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Transportation
in SECTION 1 (Sections 601.502 and 601.505, Transportation Code) and the
commissioner of insurance in SECTION 2.01 (Section 2,  Article 5.01C,
Insurance Code), SECTION 3.01 (Articles 5.06 -1,  Insurance Code), and
SECTION 4.01 (Article 5.06-7, Insurance Code) of this bill. 

ANALYSIS

Senate Bill 1329 amends the Transportation Code to require the Texas
Department of Transportation (TxDOT) or an agent of TxDOT to randomly
select samples of motor vehicle registrations or samples of owners of motor
vehicles subject to the Texas Motor Vehicle Safety Responsibility Act to
verify whether the owner has established financial responsibility.  The
Department of Public Safety (DPS) is required to provide TxDOT access to
any information that will allow TxDOT to comply with this provision.  TxDOT
is also authorized to randomly select other persons who own a registered
vehicle to verify the person's financial responsibility, including a person
who has been convicted of certain violations or who is the subject of
deferred suspension, or a person whose driver's license or motor vehicle
registration has been suspended during  the preceding four years.  The bill
requires TxDOT to send to the owner of a randomly selected vehicle or a
randomly selected vehicle owner a request for information about the vehicle
and the owner's method of establishing financial responsibility.  TxDOT is
required to adopt rules as necessary to implement the provisions of this
bill and to establish by rule the frequency of the sample selection and
prescribe methods and procedures necessary for the verification process.
The bill authorizes TxDOT to require the information provided by the owner
to include a statement that the owner had as of the verification date
established financial responsibility. The owner to whom the notice is sent
is required no later than the 30th day after the verification date, to
furnish the requested information accompanied by the owner's signed
affirmation to TxDOT, and an owner who fails to respond or indicates that
the owner has not established financial responsibility is subject to
suspension of the owner's motor vehicle registration. If the owner asserts
that financial responsibility had been established as of the verification
date, TxDOT may conduct a verification investigation (Sec. 601.502). The
bill sets forth the method by which TxDOT conducts a verification
investigation (Sec. 601.503).  TxDOT is required to send to an owner whose
response indicates that the owner has not established financial
responsibility or an owner who fails to respond in a timely manner a
warning notice informing the owner of the owner's noncompliance and that
the owner's motor vehicle registration will be suspended unless the owner
within 30 days of the mailing date of the warning establishes financial
responsibility or mails to TxDOT a request for a hearing (Sec. 601.504).  
 
The bill sets forth provisions regarding a hearing on the fees suspension
of an owner's motor vehicle registration, suspension of such a
registration, reinstatement of an owner's registration, and provides for
exceptions to the provisions.  The bill requires TxDOT to adopt rules
governing the hearing (Sec. 601.505). 

TxDOT is required to suspend the owner's registration if TxDOT determines
that the proof of financial responsibility submitted by an owner is false
and that the owner had knowledge that such proof was false. TxDOT is
required to terminate the suspension on or after the 180th day after the
effective date of the suspension on payment by the owner of a $500
reinstatement fee and submission of financial responsibility (Sec.
601.506). 

The bill specifies that an owner who operates a motor vehicle while the
registration is suspended under the provisions of this bill commits an
offense that is punishable by a fine of between $1,000 and $2,000.  The
bill provides that it is a defense to prosecution that the person charged
with the offense produces in court satisfactory evidence that the owner or
operator had established financial responsibility at the time the alleged
offense occurred (Sec. 601.507). The bill also provides for a criminal
penalty if a person displays or provides evidence of false proof of
financial responsibility to a peace officer or officer of the court (Sec.
601.508). 

The bill requires TxDOT to recover from the reinstatement fees collected
its costs in implementing and administering the verification program and to
deposit the amounts collected that exceed TxDOT's administrative costs to
the credit of the state highway fund (Sec. 601.509). The bill authorizes
TxDOT to submit requests for proposals for contracts with private vendors
to perform the random sampling and the verification investigations required
by this bill as an agent of TxDOT and to enter into contracts as necessary
to implement the provisions of this bill (Sec. 601.510). 

The bill requires TxDOT in performing the sample selection under the
provisions of this bill to ensure that at least 500,000 samples are
selected before September 1, 2003 (SECTION 1.05).  The bill requires TxDOT
in cooperation with the Texas Department of Insurance and DPS to conduct an
evaluation on the implementation and operation of the verification program
and the effectiveness of the program in increasing compliance with
financial responsibility requirements established by law.  The bill sets
forth the information that must be included in the evaluation.  The bill
requires TxDOT to submit the report to the 81st Legislature no later than
February 1, 2009 and to provide written copies to the governor, lieutenant
governor, and the speaker of the house of representatives.  TxDOT is
required to enter into contracts, memoranda of understanding, or
interagency agreements as necessary to implement the reporting requirements
(SECTION 1.06). 

S.B. 1329 prohibits the owner of a motor vehicle from permitting another
person to operate the vehicle in this state unless financial responsibility
is established for the vehicle and provides for a penalty of between $500
and $1,000, rather than between $175 and $1350 if this provision is
violated.  The bill provides a defense to prosecution that the person
charged with this offense produces in court satisfactory evidence that
financial responsibility had been established at the time of the alleged
offense (Secs. 601. 501, 601.191, and 601.195). 

Senate Bill 1329 amends the Insurance Code to authorize the commissioner of
insurance (commissioner) by rule to establish a program to provide for the
sale of short-term liability insurance policies to non-Texas resident
motorists visiting this state.  The commissioner is authorized to negotiate
an agreement with any insurer under which the insurer will sell short-term
liability policies (Sec. 2,  Art. 5.01C).  The bill specifies that a person
representing such an insurer must be licensed (Sec. 3, Art.5.01C ). An
insurer selling short term liability insurance must use the policy forms
adopted by the commissioner unless the insurer is exempt from using the
forms (Sec. 4, Art. 5.01C). 

The bill transfers duties governing uninsured or underinsured motorist
coverage from the board of insurance to the commissioner.  The bill
authorizes the named insured to elect to waive coverage for recovery of
noneconomic and exemplary damages resulting from bodily injury, sickness,
or disease, including death. If the named insured elects to waive this
coverage, existing provisions requiring minimum limits of liability  do not
apply to the limits of liability that are applicable to coverage provided
under the policy issued to the named insured for damages resulting from
bodily injury, sickness, or disease, including death.  The bill authorizes
the commissioner by rule to adopt minimum limits of liability applicable to
those damages.  The bill specifies that waiver of coverage does not affect
the insured's right to bring an action for noneconomic and exemplary
damages against a responsible party.  The bill specifies that no written
rejection of coverage for noneconomic and exemplary damages shall be
effective unless the insurer provides the insured with a written notice
disclosing the amount of potential coverage that is available, the types of
damages that would be covered, and the amount of premium saved because the
coverage is rejected (Art. 5.06-1).  

S.B. 1329 requires the commissioner by rule to prescribe no later than
December 1, 2001 a standard appearance and form for a motor vehicle
liability insurance card (card) and the commissioner shall require an
appearance of the card that is difficult to alter, duplicate, or
counterfeit, and that is not cost-prohibitive for consumers.  The bill
specifies that a card issued on or after January 1, 2002 as proof of motor
vehicle liability insurance issued in this state must conform to the form
and appearance prescribed by these provisions (Art. 5.06 - 7, SECTION
4.02). 

EFFECTIVE DATE

September 1, 2001.  Provisions  authorizing a named insured to elect to
waive coverage for recovery of noneconomic and exemplary damages apply to a
motor vehicle liability insurance policy that is delivered, issued for
delivery, or renewed on or after January 1, 2002. Provisions regarding the
financial responsibility requirements take effect January 1, 2003.