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


Office of House Bill AnalysisC.S.S.B. 1329
By: Bivins
Insurance
5/8/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Approximately 17 to 26 percent of Texas drivers are currently uninsured.
C.S.S.B. 1329 requires the Texas Department of Transportation to randomly
select samples of motor vehicle registrations or samples of owners of motor
vehicles to verify whether the owner has established financial
responsibility and provides for a standard appearance and form for proof of
insurance cards. 

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 1.02 and to the commissioner of insurance in SECTION 2.01
(Article 5.06-7, Insurance Code) of this bill. 

ANALYSIS

C.S.S.B. 1329 amends law to require the Texas Department of Transportation
(TxDOT) or an agent of TxDOT between September 1, 2001 and January 1, 2003
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.  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
request 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.  If the
owner asserts that financial responsibility had been established as of the
verification date, TxDOT may conduct a verification investigation. The bill
sets forth the method by which TxDOT conducts a verification investigation  

C.S.S.B. 1329 requires TxDOT to submit a report to the lieutenant governor
and the speaker of the house of representatives on or before January 30,
2003 detailing the results of the sampling. The random sampling of motor
vehicle registrations and owners of motor vehicles ends September 1, 2003. 

C.S.S.B. 1329 amends the Insurance Code to require the commissioner of
insurance by rule to prescribe no later than December 1, 2001 a standard
appearance and form for a motor vehicle liability insurance card (card).
The commissioner shall also 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. 

 EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1329 differs from the original bill by amending law rather than
specifically amending the Transportation Code.   

The substitute requires the Texas Department of Transportation (TxDOT) to
request rather than require proof of financial responsibility from the
owner when randomly selecting samples of motor vehicle registrations or
samples of owners of motor vehicles to verify whether the owner has
established financial responsibility. 

The substitute removes the provision that 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. The
substitute also removes provisions authorizing TxDOT to mail a warning to
the owner informing the owner that noncompliance with the request for proof
of financial responsibility will result in the suspension of the owner's
motor vehicle registration.  The substitute removes provisions regarding
suspension, hearing, and the reinstatement fees of an owner's registration
and exemptions to such provisions.  The substitute removes provisions that
establish fines for the operation of a motor vehicle while the registration
is suspended.  The bill removes provisions regarding the submission of
false proof of financial responsibility and providing for criminal
penalties of for such an offense. 

The substitute removes provisions authorizing 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.  The substitute removes the
requirement that at least 500,000 samples be included in the sample
selection before September 1, 2003.  The substitute removes the requirement
that the Texas Department of Insurance cooperate with TxDOT to conduct an
evaluation of the verification program and the effectiveness of the
program.  

The substitute removes provisions prohibiting 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 removes
provisions establishing penalties for such an offense.  

The substitute removes provisions that amended 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 substitute removes provisions transferring duties governing uninsured
or underinsured motorist coverage from the board of insurance to the
commissioner and authorizing the named insured to elect to waive coverage
for recovery of noneconomic and exemplary damages resulting from bodily
injury, sickness, or disease, including death.  The substitute removes
provisions authorizing the commissioner by rule to adopt minimum limits of
liability applicable to those damages. 

The substitute no longer repeals provisions regarding the defense for
financial responsibility  in effect t the time of an alleged offense.