PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 25. SAFETY RESPONSIBILITY REGULATIONS

37 TAC §§25.1 - 25.8, 25.20, 25.21

The Texas Department of Public Safety (Department) proposes amendments to §§25.1 - 25.8, 25.20, and 25.21 concerning Safety Responsibility Regulations.

The Department proposes that any use of the word "accident" in §§25.1 - 25.4, 25.6, 25.7 and 25.21 be changed to "crash." These amendments are necessary to bring the rules into compliance with the national standard.

The Department proposes an addition to §25.2. The addition of subsections (c)(3)(D) and (c)(4)(D) pertain to the Department's recognition of the subrogation rights of insurance companies. The addition is allowed for under the Insurance Code and would enable insurance companies or their authorized representatives to sign on behalf of their insured. The Department also proposes an additional amendment to §25.2 as well. The amendment would remove language from the rule to make it consistent with recent bankruptcy court rulings.

The Department proposes an amendment to §25.1(b) that would change the word "will" to "may" in regard to the Department's duty to request supporting estimates and/or medical expenses. The amendment is necessary for the Department to eliminate the processing of cases that do not meet the criteria required for a suspension action and allow them to request supporting estimates and/or medical expenses as needed.

The Department proposes two additions to §25.6. The addition of subsection (g) would enable the Department to invalidate an SR-22 insurance certificate if a driver is convicted of a No Liability Insurance citation after filing an SR-22 insurance certificate with the Department. The addition of subsection (h) would assist the Department in implementing the use of the new Financial Responsibility Verification Program. The amendment is necessary to enable the Department to invalidate an SR-22 when it receives information through the new program indicating that the insurance coverage can no longer be confirmed or found on record.

The Department proposes several amendments to §25.7. The first amendment would change the time period in which an audit would be completed from 6 months to 1 year in subsection (b)(2). The amendment would be consistent with standard business practices. The second amendment would increase the amount used by the Department in subsection (c)(1) to determine the ability of self-insurance applicants to satisfy claims. Third, an amendment to subsection (d)(3) would increase the amount self-insured entities agree to pay if a judgment is rendered against them. These amendments are necessary in order to make the rule consistent with the recent increase in minimum coverage amounts under Texas Transportation Code, §601.072.

The Department proposes the addition of the phrase "prior to renewal or issuance of a license" to all references to the requirement of a "reinstatement fee" in §§25.2 - 25.5. The addition of this phrase will clarify that the Department is not extending the suspension period until the reinstatement fee is paid.

Additional non-substantive changes have been made to the rules in order to comply with proper punctuation and formatting.

Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the rules are in effect there will be no fiscal implications for state or local government or local economies.

Mr. Ybarra also has determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the sections as proposed. The cost to individuals who are required to comply with the rules as proposed will be the $100 reinstatement fee. There is no anticipated negative impact on local employment.

In addition, Mr. Ybarra has also determined that for each year of the first five-year period the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be to ensure that individuals are fully informed regarding the obligations of both the Department and Texas motorists pursuant to the Safety Responsibility Act.

The Department has determined that this proposal in not a "major environmental rule" as defined by Governmental Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The Department has determined that Chapter 2007 of the Governmental Code does not apply to these rules. Accordingly, the Department is not required to complete a takings impact assessment regarding these rules.

Comments on the proposal may be submitted to Sherrie Zgabay, Manager, Driver Improvement and Compliance Bureau, Driver License Division, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0300, (512) 424-5001.

The amendments are proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the Department's work; and Chapter 601 of the Texas Transportation Code.

Texas Government Code, §411.004(3) and Chapter 601 of the Texas Transportation Code are affected by this proposal.

§25.1.Criteria for Establishing Crash [ Accident ] Cases for Enforcement.

(a) No action will be taken on any crash [accident ] case except where:

(1) an officer's report resulting from an investigation of the crash [accident] clearly indicates one driver at fault; or

(2) a driver's crash [accident] report (ST-2) containing 2 sworn statements from uninvolved witnesses indicates one driver at fault, and

(3) the party at fault is not covered by liability insurance.

(b) Itemized estimates of repair or total loss valuation report for any vehicle or property damaged in the crash may [ accident will] be requested from all parties involved.

(c) Doctor's reports and itemized medical bills reflecting the nature and extent of personal injuries sustained during the crash may [accident will] be requested from the parties involved.

(d) Action will not be initiated if no documentation from either subsection (b) or (c) of this section is received.

(e) No case will be established unless suspension action can be completed within 20 months of the crash [accident] date.

(f) All documents received for review are subject to release under the Texas Public Information Act.

§25.2.Crash [Accident] Suspension Provisions.

(a) A Notice of Suspension will be issued to the driver and/or owner in a crash [an accident] that meets the criteria in §25.1 of this title (relating to Criteria for Establishing Crash [Accident] Cases for Enforcement). The suspension will be effective 21 days from the date of the notice unless a timely [an] administrative hearing is requested or the Department receives complete compliance as indicated in subsection (c) of this section.

(b) If a hearing is requested timely (within 20 days from the date on the Notice), it will be granted pursuant to Texas Transportation Code (TRC), §601.156. The administrative hearing will be conducted pursuant to TRC 521 Subchapter N and 37 TAC §§15.81-15.85 of this title (relating to Driver Improvement).

(c) Compliance acceptable to prevent a suspension if filed prior to the effective date of the suspension, or to lift the suspension after the effective date in any of the following ways [is as follows]:

(1) information indicating liability insurance coverage at the time of the crash [accident] in the form of a letter on insurance company letterhead.[,]

(2) evidence of settlement indicating no probability of a judgment, such as:

(A) a copy of the front and back of a canceled check/checks totaling the amount of security required in the crash [ accident], or

(B) evidence that the uninsured party had been paid by another party/parties involved or their insurance company, or

(C) proof that the damaged vehicle was illegally parked at the time of the crash [accident].

(3) form SR-11 (Release) or a properly executed document releasing the at-fault individual from all liability.

(A) The release must be signed by all owners of the damaged property and /or by all parties who sustained personal injury.

(B) [(A)] The [the] document must be notarized or signed before two uninvolved witnesses.

(C) [(B)] If [if] both the owner of the vehicle and the driver are suspended under one crash [accident] case, a release of either individual is deemed a release for both unless the release expressly states otherwise.

(D) If evidence is received that the owners of the damaged property and/or individuals who have sustained personal injury have been paid by their insurance company, the release may be signed by an authorized representative of the insurance company.

(4) form SR-19 (Installment Agreement) or other similarly styled document between the parties which must be:

(A) executed by the uninsured party,

(B) accepted by all parties who sustained damage in the crash [accident], [and]

(C) signed before a notary or two witnesses, and[.]

(D) if evidence is received that the owners of the damaged property and/or individuals who have sustained personal injury have been paid by their insurance company, the acceptance portion of the installment agreement may be signed by an authorized representative of the insurance company.

(5) security deposited in accordance with the original Notice of Suspension which must be:

(A) in cash, or

(B) by cashier's check or money order payable to the Texas Department of Public Safety, or

(C) by a surety bond written by an insurance company authorized to execute surety bonds in this state, or [and]

[(D) accompanied by form SR-22 (insurance certificate) and form SR-22A (certification of a 6 month prepaid liability insurance policy), and]

[(6) a reinstatement fee if compliance is not received within 21 days from the date on the Notice of Suspension, or]

(D) [(7)] a bankruptcy petition indicating "filed" by the court, [or] a final order of bankruptcy or discharge [along with a matrix listing the creditor/creditors in the accident]. A reinstatement fee is required prior to the renewal or issuance of a license if acceptable compliance is not received prior to the effective date of the suspension, unless the suspension was cleared due to bankruptcy proceedings. [ When bankruptcy is filed in an accident case, no reinstatement fee is required. ]

(E) If a person satisfies a security deposit by the methods described in subparagraphs (A) - (C) of this paragraph, the security deposit must also be accompanied by a form SR-22 (insurance certificate) and form SR-22A (certificate of a 6 month prepaid liability insurance policy).

(d) When the owner and operator are separate persons and each one is required to deposit security, a joint deposit may be made with a stipulation in writing that such deposit is on behalf of both persons required to deposit the security and will be acceptable compliance for both the owner and operator. If no stipulation of joint deposit is received, the deposit will be filed on behalf of the depositor only.

(e) Each person depositing security that must file proof of insurance in the form of an SR-22 in his/her name, must also file form SR-22A as stated in (c)(5)(E) [(c)(5)(D)] of this section.

(f) Disbursement of security.

(1) security will be released to the injured or damaged party upon receipt of a certified copy of a judgment, form SR-42 (Transcript of Civil Proceedings) and form SR-61 (Application for Payment of Judgments Out of Security Deposited).

(A) security released will be in the amount of the judgment.

(B) if the amount of security on file does not satisfy the judgment, the driving privileges of the negligent party will be suspended under the judgment provisions for the balance of the judgment.

(C) if the amount of security on file exceeds the amount of the judgment, the depositor will be sent form SR-14 or SR-14A (Application for Return of Security), to have the balance disbursed.

(2) security deposit will be released to the damaged or injured party upon receipt of form SR-11 (Release), signed by the damaged party and form SR-45 (Release of Deposit), signed by the depositor.

(3) security deposit will be released to the depositor or person for whom security is deposited by showing eligibility and filing a completed form SR-14 or SR-14A (Application for Return of Security Deposit). Eligibility may be shown by evidence of a release from liability, two year anniversary of crash [accident] date for initial suspensions, or two year anniversary date from the date of deposit for suspensions based on an installment agreement in default.

(4) if the depositor is deceased, the deposit may be released to the person named as executor of his estate. The appropriate form/forms as indicated in paragraphs (2) or (3) of this subsection, along with a copy of the will, or a Letter of Testamentary must be filed to have the monies disbursed.

(g) If an installment agreement is filed as compliance in a crash [an accident] case, upon receipt of form SR-73 (Notice of Default), the license of the person who defaulted on the agreement will be suspended. Compliance may be in the form of:

(1) a release as stated in subsection (c)(3) of this section, or

(2) a security deposit as stated in subsection (c)(5) of this section, or

(3) an installment agreement granted by order of a court where an agreed judgment has been rendered, or [and]

[(4) a reinstatement fee if compliance is not received prior to the effective date of the suspension, or]

(4) [(5)] bankruptcy as stated in subsection (c)(5)(D) [(c)(7)] of this section.

(5) a reinstatement fee is required prior to the renewal or issuance of a license if acceptable compliance is not received prior to the effective date of the suspension, unless the suspension was cleared due to bankruptcy proceedings.

(h) If, after two years from the crash [accident ] date for initial suspensions or two years from the date on the Notice of Default for suspensions based on an installment agreement in default, no judgment has been filed against the party at fault, the suspension may be withdrawn by filing form SR-60 (Application to Waive Requirement to Deposit Security)[, and any required reinstatement fee]. A reinstatement fee is required prior to the renewal or issuance of a license.

§25.3.Judgments.

(a) A judgment resulting from a crash [an accident ] must arise out of ownership, maintenance, or use of a motor vehicle by the judgment debtor upon a public highway, or be a suit on a settlement agreement resulting from a motor vehicle crash [accident].

(b) Action against a judgment debtor may not be taken if the judgment is filed by the owner of a vehicle against the driver of that vehicle.

(c) Action against a judgment debtor will not be taken unless the department receives a certified copy of the judgment, form SR-42 (Transcript of Civil Proceedings), and form SR-62 (Notice of Unsatisfied Judgment), from the person requesting such action.

(d) An Order of Suspension will be mailed to the judgment debtor. The suspension is effective on the date of the Order.

(e) To lift the suspension, the judgment debtor must submit one of the following compliance items:

(1) a release as stated in §25.2 (c)(3) of this title (relating to Crash [Accident] Suspension Provisions),

(2) an installment agreement between the judgment debtor and the judgment creditor approved and signed by the judge in the court where the judgment was rendered,

(3) a form SR-84 (Judgment Creditor's Consent to Allow Licensing), or

(4) a bankruptcy petition indicating "filed" by the court, [or] a final order of bankruptcy or discharge [ along with a matrix listing the judgment creditor].

(f) If a judgment was rendered within the past two years, the debtor must also file proof of insurance in the form of an SR-22 (insurance certificate).

(g) A reinstatement fee is required prior to the renewal or issuance of a license [for full compliance] in a judgment case unless the suspension was lifted due to bankruptcy proceedings.

(h) If a suspension is withdrawn by the filing of form SR-84 (Judgment Creditor's Consent to Allow Licensing), the driving privileges can be suspended again after 6 months by filing form SR-85 (Revocation of Judgment Creditor's Consent).

(i) If a person defaults on an agreed judgment or court approved installment agreement, the license can be suspended by filing form SR-46 (Notice of Default on Court Approved Installment Agreement) along with a certified copy of the agreed judgment or court approved installment agreement.

(j) If a judgment debtor was covered by liability insurance at the time of the crash [accident] out of which the judgment arose and the insurance company denies responsibility for payment of the judgment, the debtor is not excused from complying with the judgment provisions of the Act unless the judgment debtor;

(1) files suit against the insurer to place responsibility for payment of the judgment upon the insurer, and

(2) furnishes to the department a certified copy of the petition, proper insurance coverage is presumed pending the final disposition of the suit.

§25.4.Suspension Resulting from an Out-of-State Crash [ Accident ] or Judgment.

(a) The department will initiate suspension action under the reciprocity provision in the Texas Transportation Code, §601.009, upon request by the licensing authorities from another state that a driver licensed in Texas be suspended as a result of a crash [ an accident] suspension in their state.

(1) a Notice of Suspension will be mailed to the negligent party with an effective date 21 days from the date on the Notice.

(2) compliance acceptable to prevent suspension prior to the effective date of the suspension, or to lift the suspension after the effective date is as follows:

(A) evidence of liability insurance at the time of the crash [ accident] in the form of a letter on insurance company letterhead, or

(B) a clearance letter with regard to the crash [accident ] from the licensing authorities in the state where the crash [ accident] occurred, and

(C) a reinstatement fee is required prior to the renewal or issuance of a license, if the compliance is received after the effective date of the suspension.

(b) The department will send an Order of Suspension to the negligent party/parties effective on the date of the Order, upon request by the authorities from another state that a driver or owner licensed in Texas be suspended as the result of a judgment rendered in their state.

(1) compliance acceptable to lift the suspension is a clearance letter with regard to the judgment from the licensing authorities in the state where the judgment was rendered.

(2) a reinstatement fee is required prior to the renewal or issuance of a license.

§25.5.Enforcement of Failure to Maintain Financial Responsibility.

(a) Upon receipt of a second or subsequent conviction for no liability insurance, an Order of Suspension will be mailed to the licensee. The suspension will be effective 21 days from the date on the Order and will continue for two years from the date of the second or subsequent conviction for no liability insurance unless the department receives:

(1) evidence of financial responsibility on the date of the citation, or

(2) an SR-22 (insurance certificate).

(b) Evidence of financial responsibility for the citation date may be shown by:

(1) a letter on the insurance company's letterhead indicating coverage for the date of the offense, or

(2) a copy of a certificate issued by the department indicating the vehicle driven or the person is self insured.

(c) If the individual being suspended is not named on the insurance policy used as evidence of liability coverage, a copy of the citation must be submitted listing the vehicle covered on the policy.

(d)If compliance in the form of an SR-22 (insurance certificate) is filed and not received by 21st day from the date on the Order of Suspension, a reinstatement fee will be required prior to the renewal of issuance of a license.

(e) If an SR-22 (insurance certificate) is filed as compliance, it must be maintained with the department for two years from the most recent conviction date for which evidence of financial responsibility was required.

(1) if the department receives notification of cancellation of the SR-22 (form SR-26) from that insurance company, the individual's driving privileges will be suspended until a new SR-22 (insurance certificate) is filed or until the second anniversary date of the conviction for which proof of financial responsibility was required.

(2) a reinstatement fee is required prior to the renewal or issuance of a license for the suspension resulting from the cancelled SR-22 [canceled SR22].

§25.6.Financial Responsibility Certificate (Form SR-22).

(a) The SR-22 (insurance certificate) is a form prescribed by the department and issued by insurance companies when evidence of financial responsibility must be certified. Requirements for acceptance of the filing are:

(1) issued by an insurance company authorized to write liability insurance coverage for the State of Texas;

(2) issued in the name of the person required to file to include their driver license/identification number, date of birth, and list all owned vehicles or indicate non-owner policy;

(3) issued for the State of Texas;

(4) original document signed by an authorized representative of the insurance company; and

(5) include the complete name of the insurance company as licensed by the State Board of Insurance.

(b) The SR-26 (cancellation of SR-22 insurance certificate) is a form submitted by an insurance company to notify the department that the SR-22 (insurance certificate) issued by that company has been canceled. The filing of form SR-26 [SR26] may initiate suspension action by the department if the individual's driver record indicates that the SR-22 [SR22] (insurance certificate) is still required at the time the SR-26 [ SR26] is received.

(c) A second filing of form SR-22 (insurance certificate) by the same insurance carrier cancels any SR-22 (insurance certificate) previously issued by that company and filed with the department.

(d) To maintain compliance with statutory suspension action, the SR-22 [SR22] must remain on file for;

(1) 2 years from the date of the crash [accident ], when depositing security as compliance for a crash [ an accident] case,

(2) 2 years from the date of the most recent conviction, for conviction based suspensions, or

(3) 2 years from the date a judgment was rendered in court for judgment cases.

(e) If the SR-22 (insurance certificate) is required as the result of a security deposit in a crash [an accident] or default case, it must be accompanied by form SR-22A (certification of a 6 month prepaid liability policy).

(f) An SR-22 (insurance certificate) on file more than 2 years will not be valid for any new conviction that requires the filing of an SR-22 (insurance certificate). To comply with the new action, the licensee will be required to file a subsequent SR-22 (insurance certificate) or provide documentation from the insurance company that the previous filing is still valid.

(g) An SR-22 on file will not be considered valid if the driver receives a conviction for "No Motor Vehicle Liability Insurance" with an offense date after the date the SR-22 was filed with the department.

(h) An SR-22 on file may no longer be considered valid if the department receives information through the Financial Responsibility Verification Program indicating that the insurance coverage is unconfirmed or the record is not on file.

§25.7.Self-Insurance.

(a) Companies with 26 or more vehicles owned and registered in their name, and who meet the minimum financial qualifications may apply for a self-insurance certificate by submitting a completed application for self-insurance.

(b) The application for self-insurance includes:

(1) a department application form which;

(A) must be fully completed,

(B) provide past claim history,

(C) contact information, and

(D) information concerning claim procedures.

(2) the applicant company's financial statement which must be in the form of an audit by an independent Certified Public Accountant completed within 1 year [6 months] from the date the application is filed with the department, and

(3) any other documentation required by the department to make a determination as to the company's ability to satisfy claims.

(c) The department will base its determination of the applicant's ability to pay claims on the following:

(1) a review of the financial statements submitted to determine if cash, marketable securities, and accounts receivable equal the normal monthly operating expenses plus a sum of $225,000 [$165,000]. The $225,000 [ $165,000] represents that amount needed to satisfy three $75,000 [$55,000] claims arising from traffic crashes [accidents],

(2) information supplied on the application regarding past claim history, and

(3) other information provided by the applicant demonstrating the ability to satisfy claims.

(d) The certificate issued by the department;

(1) will be issued to the individual entity named on the vehicle registration only.

(A) if two entities are named, both entities can be named on the certificate.

(B) all named parties must have submitted the required financial statements.

(2) will contain information regarding the claim process, and

(3) will be an agreement, signed by an authorized agent of the entity seeking self insurance, stating the self-insurer will pay the same judgments in the same amount as an insurer would be obligated to pay under an owner's motor vehicle liability insurance policy up to $75,000 [$55,000] per crash [ accident].

(e) Self-insurance certificates are issued for 36 months. To maintain continuous certification, applications for renewal of a self-insurance certificate must be submitted within 90 days of the expiration date of the current certificate.

§25.8.Reinstatement.

When a party's license and/or registrations have been suspended, and proof of financial responsibility is a prerequisite for withdrawal of such suspension, a statutory reinstatement fee will be required prior to renewal or issuance of a [the] license and/or registrations. When a party's license and/or registrations are suspended in several cases and proof of financial responsibility is required in each case, only one statutory reinstatement fee will be required prior to renewal or issuance of a license.

§25.20.Compulsory Insurance--Driver's License Road Test.

(a) Evidence of financial responsibility. Owners and/or operators of motor vehicles are required to furnish information concerning evidence of financial responsibility upon request to a driver license employee. This department's policy will be to accept the following as evidence of financial responsibility:

(1) liability insurance policy in at least the minimum amounts required by the Safety Responsibility Act that covers the vehicle;

(2) standard proof of liability insurance form promulgated by the Texas Department of Insurance and issued by a liability insurer that includes:

(A) name of insurer;

(B) insurance policy number;

(C) policy period;

(D) name and address of each insured;

(E) policy limits or a statement that the coverage complies with at least the minimum amounts required by the Safety Responsibility Act; and

(F) make and model of each covered vehicle;

(3) certificate issued by the Department of Public Safety that shows the vehicle is covered by self-insurance;

(4) certificate issued by the state comptroller that shows that the owner of the vehicle has on deposit with the comptroller money or securities in at least the amount required by the Safety Responsibility Act;

(5) Texas Department of Transportation carrier registration certificates (cab cards), including:

(A) commercial motor vehicle registration certificates;

(B) commercial motor vehicles registered under the Single State Registration System;

(C) temporary registration of international motor carriers (insurance stamp);

(D) household goods carrier registration certificates; or

(E) tow truck registration certificates;

(6) certificate issued by the Department of Public Safety that shows that the vehicle is a vehicle for which a bond is on file with the Department of Public Safety as provided by the Safety Responsibility Act;

(7) copy of a certificate issued by the county judge of a county in which the vehicle is registered that shows that the owner of the vehicle has on deposit with the county judge cash or a cashier's check in at least the amount required by the Safety Responsibility Act;

(8) copies of the aforementioned documents; and

(9) other evidence such as an insurance binder which confirms to the satisfaction of the officer that the owner and/or driver is in compliance with the Safety Responsibility Act.

(b) Road test. Applicants for the driver [driver's ] license road test shall be required to complete the automobile liability insurance coverage or exemption certification on the appropriate application. If the response is "yes," the applicant will be scheduled for a road test. If the response is "no," the applicant will be required to furnish documented evidence of financial responsibility prior to being scheduled for the road test. Driver license employees will examine evidence of financial responsibility in every case prior to giving the road test. This examination will be performed in conjunction with the vehicle inspection. Applicants will be rejected if they fail to provide acceptable evidence.

§25.21.Compulsory Insurance--Compliance and Enforcement.

(a) Evidence of financial responsibility. Owners and/or operators of motor vehicles are required to furnish information concerning evidence of financial responsibility upon request to a law enforcement officer. This department's policy will be to accept the following as evidence of financial responsibility:

(1) liability insurance policy in at least the minimum amounts required by the Safety Responsibility Act that covers the vehicle;

(2) standard proof of liability insurance form promulgated by the Texas Department of Insurance and issued by a liability insurer that includes:

(A) name of insurer;

(B) insurance policy number;

(C) policy period;

(D) name and address of each insured;

(E) policy limits or a statement that the coverage complies with at least the minimum amounts required by the Safety Responsibility Act; and

(F) make and model of each covered vehicle;

(3) certificate issued by the Department of Public Safety that shows the vehicle is covered by self-insurance;

(4) certificate issued by the state comptroller that shows that the owner of the vehicle has on deposit with the comptroller money or securities in at least the amount required by the Safety Responsibility Act;

(5) Texas Department of Transportation carrier registration certificates (cab cards), including:

(A) commercial motor vehicle registration certificates;

(B) motor vehicles registered under the Single State Registration System;

(C) temporary registration of international motor carriers (insurance stamp);

(D) household goods carrier registration certificates; or

(E) tow truck registration certificates;

(6) certificate issued by the Department of Public Safety that shows that the vehicle is a vehicle for which a bond is on file with the Department of Public Safety as provided by the Safety Responsibility Act;

(7) copy of a certificate issued by the county judge of a county in which the vehicle is registered that shows that the owner of the vehicle has on deposit with the county judge cash or a cashier's check in at least the amount required by the Safety Responsibility Act;

(8) copies of the aforementioned documents; and

(9) other evidence such as an insurance binder which confirms to the satisfaction of the officer that the owner and/or driver is in compliance with the Safety Responsibility Act.

(b) Enforcement policy. Commissioned members of this department shall request an owner and/or operator of a motor vehicle upon a public highway to furnish information concerning evidence of financial responsibility when practical in all traffic stops or investigations of motor vehicle traffic crashes [accidents]. Enforcement action will be initiated in accordance with established guidelines.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 21, 2008.

TRD-200803708

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Earliest possible date of adoption: August 31, 2008

For further information, please call: (512) 424-2135