1. (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.

2. (b) The department may not require security in an amount:

   1. (1) less than $1,000; or
   2. (2) more than the limits prescribed by Section 601.072.

3. (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. (1) a report of an investigating officer; and
   2. (2) an affidavit of a person who has knowledge of the facts.

4. (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. (1) been released from liability;
   2. (2) been finally adjudicated not to be liable; or
   3. (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.

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.