reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter D. Establishment of Financial Responsibility Through Motor Vehicle Liability Insurance › Section 601.073. Required Policy Terms

Sec. 601.073.  REQUIRED POLICY TERMS.  (a)  A motor vehicle liability insurance policy must state:
(1)  the name and address of the named insured;
(2)  the coverage provided under the policy;
(3)  the premium charged for the policy;
(4)  the policy period;  and
(5)  the limits of liability.
(b)  The policy must contain an agreement or endorsement that the insurance coverage provided under the policy is:
(1)  provided in accordance with the coverage required by this chapter for bodily injury, death, and property damage;  and
(2)  subject to this chapter.
(c)  The liability of the insurance company for the insurance required by this chapter becomes absolute at the time bodily injury, death, or damage covered by the policy occurs.  The policy may not be canceled as to this liability by an agreement between the insurance company and the insured that is entered into after the occurrence of the injury or damage.  A statement made by or on behalf of the insured or a violation of the policy does not void the policy.
(d)  The policy may not require the insured to satisfy a judgment for bodily injury, death, or property damage as a condition precedent under the policy to the right or duty of the insurance company to make payment for the injury, death, or damage.
(e)  The insurance company may settle a claim covered by the policy.  If the settlement is made in good faith, the amount of the settlement is deductible from the amounts specified in Section 601.072.
(f)  The policy, any written application for the policy, and any rider or endorsement that does not conflict with this chapter constitute the entire contract between the parties.
(g)  Subsections (c)-(f) apply to the policy without regard to whether those provisions are stated in the policy.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter D. Establishment of Financial Responsibility Through Motor Vehicle Liability Insurance › Section 601.074. Optional Terms

Sec. 601.074.  OPTIONAL TERMS.  (a)  A motor vehicle liability insurance policy may provide that the insured shall reimburse the insurance company for a payment that, in the absence of this chapter, the insurance company would not have been obligated to make under the terms of the policy.
(b)  A policy may allow prorating of the insurance provided under the policy with other collectible insurance.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter D. Establishment of Financial Responsibility Through Motor Vehicle Liability Insurance › Section 601.075. Prohibited Terms

Sec. 601.075.  PROHIBITED TERMS.  A motor vehicle liability insurance policy may not insure against liability:
(1)  for which the insured or the insured's insurer may be held liable under a workers' compensation law;
(2)  for bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or in domestic employment if benefits for the injury are payable or required to be provided under a workers' compensation law;  or
(3)  for injury to or destruction of property owned by, rented to, in the care of, or transported by the insured.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter D. Establishment of Financial Responsibility Through Motor Vehicle Liability Insurance › Section 601.076. Required Terms: Owner's Policy

Sec. 601.076.  REQUIRED TERMS:  OWNER'S POLICY.  An owner's motor vehicle liability insurance policy must:
(1)  cover each motor vehicle for which coverage is to be granted under the policy;  and
(2)  pay, on behalf of the named insured or another person who, as insured, uses a covered motor vehicle with the express or implied permission of the named insured, amounts the insured becomes obligated to pay as damages arising out of the ownership, maintenance, or use of the motor vehicle in the United States or Canada, subject to the amounts, excluding interest and costs, and exclusions of Section 601.072.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter D. Establishment of Financial Responsibility Through Motor Vehicle Liability Insurance › Section 601.077. Required Terms: Operator's Policy

Sec. 601.077.  REQUIRED TERMS:  OPERATOR'S POLICY.  An operator's motor vehicle liability insurance policy must pay, on behalf of the named insured, amounts the insured becomes obligated to pay as damages arising out of the use by the insured of a motor vehicle the insured does not own, subject to the same territorial limits, payment limits, and exclusions as for an owner's policy under Section 601.076.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter D. Establishment of Financial Responsibility Through Motor Vehicle Liability Insurance › Section 601.078. Additional Coverage

Sec. 601.078.  ADDITIONAL COVERAGE.  (a)  An insurance policy that provides the coverage required for a motor vehicle liability insurance policy may also provide lawful coverage in excess of or in addition to the required coverage.
(b)  The excess or additional coverage is not subject to this chapter.
(c)  In the case of a policy that provides excess or additional coverage, the term "motor vehicle liability insurance policy" applies only to that part of the coverage that is required under this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter D. Establishment of Financial Responsibility Through Motor Vehicle Liability Insurance › Section 601.079. Multiple Policies

Sec. 601.079.  MULTIPLE POLICIES.  The requirements for a motor vehicle liability insurance policy may be satisfied by a combination of policies of one or more insurance companies if the policies in combination meet the requirements.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter D. Establishment of Financial Responsibility Through Motor Vehicle Liability Insurance › Section 601.080. Insurance Binder

Sec. 601.080.  INSURANCE BINDER.  A binder issued pending the issuance of a motor vehicle liability insurance policy satisfies the requirements for such a policy.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter D. Establishment of Financial Responsibility Through Motor Vehicle Liability Insurance › Section 601.081. Standard Proof of Motor Vehicle Liability Insurance Form

Sec. 601.081.  STANDARD PROOF OF MOTOR VEHICLE LIABILITY INSURANCE FORM.
(a)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 455 (H.B. 259), Sec. 4, eff. September 1, 2019.
(b)  A standard proof of motor vehicle liability insurance form prescribed by the Texas Department of Insurance must include:
(1)  the name of the insurer;
(2)  the insurance policy number;
(3)  the policy period;
(4)  the name and address of each insured;
(5)  the policy limits or a statement that the coverage of the policy complies with the minimum amounts of motor vehicle liability insurance required by this chapter; and
(6)  the make and model of each covered vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 803 (S.B. 1567), Sec. 2, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 455 (H.B. 259), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 455 (H.B. 259), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter D. Establishment of Financial Responsibility Through Motor Vehicle Liability Insurance › Section 601.082. Motor Vehicle Liability Insurance; Certification

Sec. 601.082.  MOTOR VEHICLE LIABILITY INSURANCE;  CERTIFICATION.  If evidence of financial responsibility is required to be filed with the department under this chapter, a motor vehicle liability insurance policy that is to be used as evidence must be certified under Section 601.083 or 601.084.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter D. Establishment of Financial Responsibility Through Motor Vehicle Liability Insurance › Section 601.083. Certificate of Motor Vehicle Liability Insurance

Sec. 601.083.  CERTIFICATE OF MOTOR VEHICLE LIABILITY INSURANCE.  (a)  A person may provide evidence of financial responsibility by filing with the department the certificate of an insurance company authorized to write motor vehicle liability insurance in this state certifying that a motor vehicle liability insurance policy for the benefit of the person required to provide evidence of financial responsibility is in effect.
(b)  The certificate must state the effective date of the policy, which must be the same date as the effective date of the certificate.
(c)  The certificate must cover each motor vehicle owned by the person required to provide the evidence of financial responsibility, unless the policy is issued to a person who does not own a motor vehicle.
(d)  A motor vehicle may not be registered in the name of a person required to provide evidence of financial responsibility unless the vehicle is covered by a certificate.
(e)  If a person files a certificate of insurance to establish financial responsibility under Section 601.153, the certificate must state that the requirements of Section 601.153(b) are satisfied.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 178, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter D. Establishment of Financial Responsibility Through Motor Vehicle Liability Insurance › Section 601.084. Nonresident Certificate

Sec. 601.084.  NONRESIDENT CERTIFICATE.  (a)  Subject to Subsection (c), a nonresident owner of a motor vehicle that is not registered in this state may provide evidence of financial responsibility by filing with the department the certificate of an insurance company authorized to transact business in the state in which the vehicle is registered certifying that a motor vehicle liability insurance policy for the benefit of the person required to provide evidence of financial responsibility is in effect.
(b)  Subject to Subsection (c), a nonresident who does not own a motor vehicle may provide evidence of financial responsibility by filing with the department the certificate of an insurance company authorized to transact business in the state in which the nonresident resides.
(c)  The department shall accept the certificate of an insurer not authorized to transact business in this state if the certificate otherwise complies with this chapter and the insurance company:
(1)  executes a power of attorney authorizing the department to accept on its behalf service of notice or process in an action arising out of a motor vehicle collision in this state; and
(2)  agrees in writing that its policies will be treated as conforming to the laws of this state relating to the terms of a motor vehicle liability insurance policy.
(d)  The department may not accept a certificate of an insurance company not authorized to transact business in this state during the period that the company is in default in any undertaking or agreement under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 69, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter D. Establishment of Financial Responsibility Through Motor Vehicle Liability Insurance › Section 601.085. Termination of Certified Policy

Sec. 601.085.  TERMINATION OF CERTIFIED POLICY.  (a)  If an insurer has certified a policy under Section 601.083 or 601.084, the policy may not be terminated before the sixth day after the date a notice of the termination is received by the department except as provided by Subsection (b).
(b)  A policy that is obtained and certified terminates a previously certified policy on the effective date of the certification of a subsequent policy.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter D. Establishment of Financial Responsibility Through Motor Vehicle Liability Insurance › Section 601.086. Response of Insurance Company if Policy Not in Effect

Sec. 601.086.  RESPONSE OF INSURANCE COMPANY IF POLICY NOT IN EFFECT.  An insurance company that is notified by the department of a collision in connection with which an owner or operator has reported a motor vehicle liability insurance policy with the company shall advise the department if a policy is not in effect as reported.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 70, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter D. Establishment of Financial Responsibility Through Motor Vehicle Liability Insurance › Section 601.088. Effect on Certain Other Policies

Sec. 601.088.  EFFECT ON CERTAIN OTHER POLICIES.  (a)  This chapter does not apply to or affect a policy of motor vehicle liability insurance required by another law of this state.  If that policy contains an agreement or is endorsed to conform to the requirements of this chapter, the policy may be certified as evidence of financial responsibility under this chapter.
(b)  This chapter does not apply to or affect a policy that insures only the named insured against liability resulting from the maintenance or use of a motor vehicle that is not owned by the insured by persons who are:
(1)  employed by the insured;  or
(2)  acting on the insured's behalf.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter E. Alternative Methods of Establishing Financial Responsibility › Section 601.121. Surety Bond

Sec. 601.121.  SURETY BOND.  (a)  A person may establish financial responsibility by filing with the department a bond:
(1)  with at least two individual sureties, each of whom owns real property in this state that is not exempt from execution under the constitution or laws of this state;
(2)  conditioned for payment in the amounts and under the same circumstances as required under a motor vehicle liability insurance policy;
(3)  that is not cancelable before the sixth day after the date the department receives written notice of the cancellation;
(4)  accompanied by the fee required by Subsection (e);  and
(5)  approved by the department.
(b)  The real property required by Subsection (a)(1) must be described in the bond approved by a judge of a court of record.  The assessor-collector of the county in which the property is located must certify the property as free of any tax lien.  The sureties in combination must have equity in the property in an amount equal to at least twice the amount of the bond.
(c)  The bond is a lien in favor of the state on the real property described in the bond.  The lien exists in favor of a person who holds a final judgment against the person who filed the bond.
(d)  On filing of a bond, the department shall issue to the person who filed the bond a certificate of compliance with this section.
(e)  The department shall file notice of the bond in the office of the county clerk of the county in which the real property is located.  The notice must include a description of the property described in the bond.  The county clerk or the county clerk's deputy, on receipt of the notice, shall acknowledge the notice and record it in the lien records.  The recording of the notice is notice in accordance with statutes governing the recordation of a lien on real property.
(f)  If a judgment rendered against the person who files a bond under this section is not satisfied before the 61st day after the date the judgment becomes final, the judgment creditor, for the judgment creditor's own use and benefit and at the judgment creditor's expense, may bring an action in the name of the state against the sureties on the bond, including an action to foreclose a lien on the real property of a surety.  The foreclosure action must be brought in the same manner as, and is subject to the law applicable to, an action to foreclose a mortgage on real property.
(g)  Cancellation of a bond filed under this section does not prevent recovery for a right or cause of action arising before the date of the cancellation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter E. Alternative Methods of Establishing Financial Responsibility › Section 601.122. Deposit of Cash or Securities With Comptroller

Sec. 601.122.  DEPOSIT OF CASH OR SECURITIES WITH COMPTROLLER.  (a)  A person may establish financial responsibility by depositing $55,000 with the comptroller in:
(1)  cash;  or
(2)  securities that:
(A)  are of the type that may legally be purchased by savings banks or trust funds;  and
(B)  have a market value equal to the required amount.
(b)  On receipt of the deposit, the comptroller shall issue to the person making the deposit a certificate stating that a deposit complying with this section has been made.
(c)  The comptroller may not accept the deposit and the department may not accept the certificate unless the deposit or certificate is accompanied by evidence that an unsatisfied judgment of any character against the person making the deposit does not exist in the county in which the person making the deposit resides.
(d)  The comptroller shall hold a deposit made under this section to satisfy, in accordance with this chapter, an execution on a judgment issued against the person making the deposit for damages that:
(1)  result from the ownership, maintenance, use, or operation of a motor vehicle after the date the deposit was made;  and
(2)  are for:
(A)  bodily injury to or death of any person, including damages for care and loss of services;  or
(B)  damage to or destruction of property, including the loss of use of the property.
(e)  Money or securities deposited under this section are not subject to attachment or execution unless the attachment or execution arises out of a suit for damages described by Subsection (d).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 18.09, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter E. Alternative Methods of Establishing Financial Responsibility › Section 601.123. Deposit of Cash or Cashier's Check With County Judge

Sec. 601.123.  DEPOSIT OF CASH OR CASHIER'S CHECK WITH COUNTY JUDGE.  (a)  A person may establish financial responsibility by making a deposit with the county judge of the county in which the motor vehicle is registered.
(b)  The deposit must be made in cash or a cashier's check in the amount of at least $55,000.
(c)  On receipt of the deposit, the county judge shall issue to the person making the deposit a certificate stating that a deposit complying with this section has been made.  The certificate must be acknowledged by the sheriff of that county and filed with the department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter E. Alternative Methods of Establishing Financial Responsibility › Section 601.124. Self-Insurance

Sec. 601.124.  SELF-INSURANCE.  (a)  A person in whose name more than 25 motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the department as provided by this section.
(b)  The department may issue a certificate of self-insurance to a person if:
(1)  the person applies for the certificate;  and
(2)  the department is satisfied that the person has and will continue to have the ability to pay judgments obtained against the person.
(c)  The self-insurer must supplement the certificate with an agreement that, for collisions occurring while the certificate is in force, the self-insurer will pay the same judgments in the same amounts as an insurer would be obligated to pay under an owner's motor vehicle liability insurance policy issued to the self-insurer if such policy were issued.
(d)  The department for cause may cancel a certificate of self-insurance after a hearing.   Cause includes failure to pay a judgment before the 31st day after the date the judgment becomes final.
(e)  A self-insurer must receive at least five days' notice of a hearing held under Subsection (d).  The department shall send notice of the hearing to the self-insurer by:
(1)  first class mail; or
(2)  e-mail if the self-insurer has provided an e-mail address to the department and has elected to receive notice electronically.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1079 (H.B. 3376), Sec. 5, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 71, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.151. Applicability of Subchapter

Sec. 601.151.  APPLICABILITY OF SUBCHAPTER.  (a)  This subchapter applies only to a motor vehicle collision in this state that results in bodily injury or death or in damage to the property of one person of at least $1,000.
(b)  This subchapter does not apply to:
(1)  an owner or operator who has in effect at the time of the collision a motor vehicle liability insurance policy that covers the motor vehicle involved in the collision;
(2)  an operator who is not the owner of the motor vehicle, if a motor vehicle liability insurance policy or bond for the operation of a motor vehicle the person does not own is in effect at the time of the collision;
(3)  an owner or operator whose liability for damages resulting from the collision, in the judgment of the department, is covered by another liability insurance policy or bond;
(4)  an owner or operator, if there was not bodily injury to or damage of the property of a person other than the owner or operator;
(5)  the owner or operator of a motor vehicle that at the time of the collision was legally parked or legally stopped at a traffic signal;
(6)  the owner of a motor vehicle that at the time of the collision was being operated without the owner's express or implied permission or was parked by a person who had been operating the vehicle without that permission; or
(7)  a person qualifying as a self-insurer under Section 601.124 or a person operating a motor vehicle for a self-insurer.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 73, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.152. Suspension of Driver's License and Vehicle Registration or Privilege

Sec. 601.152.  SUSPENSION OF DRIVER'S LICENSE AND VEHICLE REGISTRATION OR PRIVILEGE.  (a)  Subject to Section 601.153, the department shall suspend the driver's license and vehicle registrations of the owner and operator of a motor vehicle if:
(1)  the vehicle is involved in any manner in a collision; and
(2)  the department finds that there is a reasonable probability that a judgment will be rendered against the person as a result of the collision.
(b)  If the owner or operator is a nonresident, the department shall suspend the person's nonresident operating privilege and the privilege of use of any motor vehicle owned by the nonresident.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 74, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.153. Deposit of Security; Evidence of Financial Responsibility

Sec. 601.153.  DEPOSIT OF SECURITY;  EVIDENCE OF FINANCIAL RESPONSIBILITY.  (a)  The department may not suspend a driver's license, vehicle registration, or nonresident's privilege under this subchapter if the owner or operator:
(1)  deposits with the department security in an amount determined to be sufficient under Section 601.154 or 601.157 as appropriate;  and
(2)  files evidence of financial responsibility as required by this chapter.
(b)  If the owner or operator chooses to establish financial responsibility under Subsection (a)(2) by filing evidence of motor vehicle liability insurance, the owner or operator must file a certificate of insurance for a policy that has a policy period of at least six months and for which the premium for the entire policy period is paid in full.
(c)  Notwithstanding Section 601.085, coverage for a motor vehicle under a motor vehicle liability policy for which a person files with the department a certificate of insurance under Subsection (b) may not be canceled unless:
(1)  the person no longer owns the motor vehicle;
(2)  the person dies;
(3)  the person has a permanent incapacity that renders the person unable to drive the motor vehicle;  or
(4)  the person surrenders to the department the person's driver's license and the vehicle registration for the motor vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 178, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.154. Department Determination of Probability of Liability

Sec. 601.154.  DEPARTMENT DETERMINATION OF PROBABILITY OF LIABILITY.  (a)  Subject to Subsection (d), if the department finds that there is a reasonable probability that a judgment will be rendered against an owner or operator as a result of a collision, the department shall determine the amount of security sufficient to satisfy any judgment for damages resulting from the collision that may be recovered from the owner or operator.
(b)  The department may not require security in an amount:
(1)  less than $1,000;  or
(2)  more than the limits prescribed by Section 601.072.
(c)  In determining whether there is a reasonable probability that a judgment will be rendered against the person as a result of a collision and the amount of security that is sufficient under Subsection (a), the department may consider:
(1)  a report of an investigating officer; and
(2)  an affidavit of a person who has knowledge of the facts.
(d)  The department shall make the determination required by Subsection (a) only if the department has not received, before the 21st day after the date the department receives a report of a motor vehicle collision, satisfactory evidence that the owner or operator has:
(1)  been released from liability;
(2)  been finally adjudicated not to be liable; or
(3)  executed an acknowledged written agreement providing for the payment of an agreed amount in installments for all claims for injuries or damages resulting from the collision.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 52, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 75, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.155. Notice of Determination

Sec. 601.155.  NOTICE OF DETERMINATION.  (a) The department shall notify the affected person of a determination made under Section 601.154 by:
(1)  personal service;
(2)  first class mail; or
(3)  e-mail if the person has provided an e-mail address to the department and has elected to receive notice electronically.
(b)  The notice must state that:
(1)  the person's driver's license and vehicle registration or the person's nonresident's operating privilege will be suspended unless the person, not later than the 20th day after the date the notice was personally served or sent, establishes that:
(A)  this subchapter does not apply to the person, and the person has previously provided this information to the department; or
(B)  there is no reasonable probability that a judgment will be rendered against the person as a result of the collision; and
(2)  the person is entitled to a hearing under this subchapter if a written request for a hearing is delivered or mailed to the department not later than the 20th day after the date the notice was personally served or sent.
(c)  Notice under this section that is mailed by first class mail must be mailed to the person's last known address, as shown by the department's records.
(d)  For purposes of this section, notice is presumed to be received if the notice was sent to the person's last known address or e-mail address, as shown by the department's records.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1395, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1079 (H.B. 3376), Sec. 6, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 76, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.156. Setting of Hearing

Sec. 601.156.  SETTING OF HEARING.  (a)  A hearing under this subchapter is subject to the notice and hearing procedures of Sections 521.295-521.303 and shall be heard by a judge of a municipal court or a justice of the peace of the county in which the person requesting the hearing resides.  A party is not entitled to a jury.
(b)  The court shall set a date for the hearing.  The hearing must be held at the earliest practical time after notice is given to the person requesting the hearing.
(c)  The department shall summon the person requesting the hearing to appear at the hearing.  Notice under this subsection:
(1)  shall be:
(A)  delivered through personal service;
(B)  mailed by first class mail to the person's last known address, as shown by the department's records; or
(C)  sent by e-mail if the person has provided an e-mail address to the department and has elected to receive notice electronically; and
(2)  must include written charges issued by the department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1117, Sec. 4, eff. Sept. 1, 2000;  Acts 1999, 76th Leg., ch. 1409, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1079 (H.B. 3376), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.157. Hearing Procedures

Sec. 601.157.  HEARING PROCEDURES.  (a)  The judge may administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books and papers.
(b)  The judge at the hearing shall determine:
(1)  whether there is a reasonable probability that a judgment will be rendered against the person requesting the hearing as a result of the collision; and
(2)  if there is a reasonable probability that a judgment will be rendered, the amount of security sufficient to satisfy any judgment for damages resulting from the collision.
(c)  The amount of security under Subsection (b)(2) may not be less than the amount specified as a minimum by Section 601.154.
(d)  The judge shall report the judge's determination to the department.
(e)  The judge may receive a fee to be paid from the general revenue fund of the county for holding a hearing under this subchapter.  The fee must be approved by the commissioners court of the county and may not be more than $5 for each hearing.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 77, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.158. Appeal

Sec. 601.158.  APPEAL.  (a)  If, after a hearing under this subchapter, the judge determines that there is a reasonable probability that a judgment will be rendered against the person requesting the hearing as a result of the collision, the person may appeal the determination.
(b)  To appeal a determination under Subsection (a), the person must file a petition not later than the 30th day after the date of the determination in the county court at law of the county in which the person resides, or, if there is no county court at law, in the county court of the county.
(c)  A person who files an appeal under this section shall send a file-stamped copy of the petition by certified mail to the department at the department's headquarters in Austin.  The copy must be certified by the clerk of the court in which the petition is filed.
(d)  The filing of a petition of appeal as provided by this section stays an order of suspension until the earlier of the 91st day after the date the appeal petition is filed or the date the trial is completed and final judgment is rendered.
(e)  On expiration of the stay, the department shall impose the suspension.  The stay may not be extended, and an additional stay may not be granted.
(f)  A trial on appeal is de novo.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1117, Sec. 5, eff. Sept. 1, 2000.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 78, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.159. Procedures for Suspension of Driver's License and Vehicle Registration or Privilege

Sec. 601.159.  PROCEDURES FOR SUSPENSION OF DRIVER'S LICENSE AND VEHICLE REGISTRATION OR PRIVILEGE.  The department shall suspend the driver's license and each vehicle registration of an owner or operator or the nonresident's operating privilege of an owner or operator unless:
(1)  if a hearing is not requested, the person, not later than the 20th day after the date the notice under Section 601.155 was personally served or sent:
(A)  delivers or mails to the department a written request for a hearing;
(B)  shows that this subchapter does not apply to the person; or
(C)  complies with Section 601.153; or
(2)  the person complies with Section 601.153 not later than the 20th day after:
(A)  the date of the expiration of the period in which an appeal may be brought, if the determination at a hearing is rendered against the owner or operator and the owner or operator does not appeal; or
(B)  the date of a decision against the person following the appeal.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1079 (H.B. 3376), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.160. Suspension Stayed Pending Hearing or Appeal

Sec. 601.160.  SUSPENSION STAYED PENDING HEARING OR APPEAL.  The department may not suspend a driver's license, vehicle registration, or nonresident's operating privilege pending the outcome of a hearing and any appeal under this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.161. Notice of Suspension

Sec. 601.161.  NOTICE OF SUSPENSION.  Not later than the 11th day before the effective date of a suspension under Section 601.159, the department shall send notice of the suspension to each affected owner or operator. The department shall send the notice by first class mail or by e-mail to any owner or operator who has provided an e-mail address to the department and who has elected to receive notice electronically. The notice must state the amount required as security under Section 601.153 and the necessity for the owner or operator to file evidence of financial responsibility with the department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1079 (H.B. 3376), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.162. Duration of Suspension

Sec. 601.162.  DURATION OF SUSPENSION.  (a)  The suspension of a driver's license, vehicle registration, or nonresident's operating privilege under this subchapter remains in effect, the license, registration, or privilege may not be renewed, and a license or vehicle registration may not be issued to the holder of the suspended license, registration, or privilege, until:
(1)  the date the person, or a person acting on the person's behalf, deposits security and files evidence of financial responsibility under Section 601.153;
(2)  the second anniversary of the date of the collision, if evidence satisfactory to the department is filed with the department that, during the two-year period, an action for damages arising out of the collision has not been instituted; or
(3)  the date evidence satisfactory to the department is filed with the department of:
(A)  a release from liability for claims arising out of the collision;
(B)  a final adjudication that the person is not liable for claims arising out of the collision; or
(C)  an installment agreement described by Section 601.154(d)(3).
(b)  If a suspension is terminated under Subsection (a)(3)(C), on notice of a default in the payment of an installment under the agreement, the department shall promptly suspend the driver's license and vehicle registration or nonresident's operating privilege of the person defaulting.  A suspension under this subsection continues until:
(1)  the person deposits and maintains security in accordance with Section 601.153 in an amount determined by the department at the time of suspension under this subsection and files evidence of financial responsibility in accordance with Section 601.153; or
(2)  the second anniversary of the date security was required under Subdivision (1) if, during that period, an action on the agreement has not been instituted in a court in this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 20.005, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 79, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.163. Form of Security

Sec. 601.163.  FORM OF SECURITY.  (a)  The security required under this subchapter shall be made:
(1)  by cash deposit;
(2)  through a bond that complies with Section 601.168;  or
(3)  in another form as required by the department.
(b)  A person depositing security shall specify in writing the person on whose behalf the deposit is made.  A single deposit of security is applicable only on behalf of persons required to provide security because of the same collision and the same motor vehicle.
(c)  The person depositing the security may amend in writing the specification of the person on whose behalf the deposit is made to include an additional person.  This amendment may be made at any time the deposit is in the custody of the department or the comptroller.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 18.10, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 80, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.164. Reduction in Security

Sec. 601.164.  REDUCTION IN SECURITY.  (a)  The department may reduce the amount of security ordered in a case within six months after the date of the collision if, in the department's judgment, the amount is excessive.
(b)  The amount of security originally deposited that exceeds the reduced amount shall be returned promptly to the depositor or the depositor's personal representative.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 81, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.165. Custody of Cash Security

Sec. 601.165.  CUSTODY OF CASH SECURITY.  The department shall place cash deposited in compliance with this subchapter in the custody of the comptroller.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 18.11, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.166. Payment of Cash Security

Sec. 601.166.  PAYMENT OF CASH SECURITY.  (a)  Cash security may be applied only to the payment of:
(1)  a judgment rendered against the person on whose behalf the deposit is made for damages arising out of the collision; or
(2)  a settlement, agreed to by the depositor, of a claim arising out of the collision.
(b)  For payment under Subsection (a), the action under which the judgment was rendered must have been instituted before the second anniversary of the later of:
(1)  the date of the collision; or
(2)  the date of the deposit, in the case of a deposit of security under Section 601.162(b).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 82, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 7 - Vehicles and Traffic › Subtitle D - Motor Vehicle Safety Responsibility › Chapter 601 - Motor Vehicle Safety Responsibility Act › Subchapter F. Security Following Collision › Section 601.167. Return of Cash Security

Sec. 601.167.  RETURN OF CASH SECURITY.  Cash security or any balance of the security shall be returned to the depositor or the depositor's personal representative when:
(1)  evidence satisfactory to the department is filed with the department that there has been:
(A)  a release of liability;
(B)  a final adjudication that the person on whose behalf the deposit is made is not liable; or
(C)  an agreement as described by Section 601.154(d)(3);
(2)  reasonable evidence is provided to the department after the second anniversary of the date of the collision that no action arising out of the collision is pending and no judgment rendered in such an action is unpaid; or
(3)  in the case of a deposit of security under Section 601.162(b), reasonable evidence is provided to the department after the second anniversary of the date of the deposit that no action arising out of the collision is pending and no unpaid judgment rendered in such an action is unpaid.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 83, eff. September 1, 2023.