Texas Transportation Code

Sec. § 601.053
Evidence of Financial Responsibility

(a)

As a condition of operating in this state a motor vehicle to which Section 601.051 (Requirement of Financial Responsibility) applies, the operator of the vehicle on request shall provide to a peace officer, as defined by Article 2.12 (Who Are Peace Officers), Code of Criminal Procedure, or a person involved in an accident with the operator evidence of financial responsibility by exhibiting:

(1)

a motor vehicle liability insurance policy covering the vehicle that satisfies Subchapter D or a photocopy of the policy;

(2)

a standard proof of motor vehicle liability insurance form prescribed by the Texas Department of Insurance under Section 601.081 (Standard Proof of Motor Vehicle Liability Insurance Form) and issued by a liability insurer for the motor vehicle;

(2-a)

an image displayed on a wireless communication device that includes the information required by Section 601.081 (Standard Proof of Motor Vehicle Liability Insurance Form) as provided by a liability insurer;

(3)

an insurance binder that confirms the operator is in compliance with this chapter;

(4)

a surety bond certificate issued under Section 601.121;

(5)

a certificate of a deposit with the comptroller covering the vehicle issued under Section 601.122;

(6)

a copy of a certificate of a deposit with the appropriate county judge covering the vehicle issued under Section 601.123; or

(7)

a certificate of self-insurance covering the vehicle issued under Section 601.124 (Self-insurance) or a photocopy of the certificate.

(b)

Except as provided by Subsection (c), an operator who does not exhibit evidence of financial responsibility under Subsection (a) is presumed to have operated the vehicle in violation of Section 601.051 (Requirement of Financial Responsibility).

(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 peace officer may not issue a citation for an offense under Section 601.191 (Operation of Motor Vehicle in Violation of Motor Vehicle Liability Insurance Requirement; Offense) 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.

(d)

The display of an image that includes financial responsibility information on a wireless communication device under Subsection (a)(2-a) does not constitute effective consent for a law enforcement officer, or any other person, to access the contents of the wireless communication device except to view the financial responsibility information.

(e)

The authorization of the use of a wireless communication device to display financial responsibility information under Subsection (a)(2-a) does not prevent:

(1)

a court of competent jurisdiction from requiring a person to provide a paper copy of the person’s evidence of financial responsibility in a hearing or trial or in connection with discovery proceedings; or

(2)

the commissioner of insurance from requiring a person to provide a paper copy of the person’s evidence of financial responsibility in connection with any inquiry or transaction conducted by or on behalf of the commissioner.

(f)

A telecommunications provider, as defined by Section 51.002 (Definitions), Utilities Code, may not be held liable to the operator of the motor vehicle for the failure of a wireless communication device to display financial responsibility information under Subsection (a)(2-a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 18.06, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 15A.01, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 153 (S.B. 181), Sec. 1, eff. May 24, 2013.
Acts 2017, 85th Leg., R.S., Ch. 399 (S.B. 1187), Sec. 1, eff. June 1, 2017.
Source

Last accessed
Jun. 7, 2021

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