| |
| |
| |
|
|
AN ACT
|
|
|
relating to the offense of operating a motor vehicle without |
|
|
financial responsibility. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 601.053(c), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(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. A [If a] peace [officer has access to
|
|
|
the verification program, the] officer may not issue a citation for |
|
|
an offense under [a violation of] Section 601.191 [601.051] unless |
|
|
the officer attempts to verify through the verification program |
|
|
that financial responsibility has been established for the vehicle |
|
|
and is unable to make that verification. |
|
|
SECTION 2. Section 601.191, Transportation Code, is amended |
|
|
by adding Subsection (e) to read as follows: |
|
|
(e) A citation issued for an offense under this section must |
|
|
include an affirmative indication that the peace officer was unable |
|
|
at the time of the alleged offense to verify financial |
|
|
responsibility for the vehicle through the verification program |
|
|
established under Subchapter N. |
|
|
SECTION 3. Section 708.103, Transportation Code, is amended |
|
|
by amending Subsection (a) and adding Subsection (a-1) to read as |
|
|
follows: |
|
|
(a) Except as provided by Subsection (a-1), each [Each] year |
|
|
the department shall assess a surcharge on the license of each |
|
|
person who during the preceding 36-month period has been convicted |
|
|
of an offense under Section 521.457, 601.191, or 601.371. |
|
|
(a-1) The department may not assess a surcharge on the |
|
|
license of a person based on an offense under Section 601.191 if the |
|
|
person proves to the department under Section 601.231(b) that the |
|
|
person had financial responsibility at the time the offense was |
|
|
alleged to have occurred. |
|
|
SECTION 4. The change in law made by this Act to Section |
|
|
708.103, Transportation Code, applies to a surcharge pending on the |
|
|
effective date of this Act, regardless of when the surcharge was |
|
|
assessed. |
|
|
SECTION 5. 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, 2017. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1187 passed the Senate on |
|
|
April 24, 2017, by the following vote: Yeas 28, Nays 2. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1187 passed the House on |
|
|
May 20, 2017, by the following vote: Yeas 137, Nays 0, one |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |