Case Information
*1 The Attorney General of Texas Hay 10, 1985 JIM MAllOX
Attorney General Bonorablc Bill Memer Opinion No. JM-315
Supreme Court Bullding Cheirmsn P. 0. Box 12545 Aurtln. TX. 75711.2545 Calendars Cosmittelz Re: Effect on existing policies 5121475.2501 Texas House of Rep,cesentatives of January 1, 1984, in Talax Olw57C1357 P. 0. Box 2910 required Proof of Financial Re- lrlecopler 5121475.0255 Austin, Texas 78,169 aponsibility under article It4 JBckwn, Suite 700
OBIIBB, TX. 75202.4505 Dear Representative Messer: 214l7425944
You have asked whether automobile liability policies In effect at time Senate Bill No. 538 (Sixty-eighth 4S24 Alberta Ave.. Suite 150 El P1B.a. TX. 799c52793 Regular Session) became law on January 1, 1984, must be read there- 915633-34w to provide e.t least fifteen thousand dollars ($15,000) coverage
against liability regardless of the stated policy limits. 1001 Texas. SUICO 700 The legislati~cn, Acts 1983, 68th Leg., ch. 535 at 3122. amended Houston. TX. 77002.3111 article 6701h. V.T.C.S., the Safety Responsibility Law. Basically. 713/223-5886
the bill changed the deffnitioa of “Proof of Financial Responsi- bility,” which had prevfously required motorists to shov 505 Broadway. Suite 312 Lubbock. TX. 7940%3479 [p] roof of ability to respond in damages for 5W747-5235 liability, on account accidents occurring BubBequeM the date of said proof. 1309 N. Tmth. Sulle S arising out of the ownership, maintenance or use McAllan. TX. 755ol.lBB5 of a motor vehicle. in the amount of Ten Thousand 5121B52.4547 Dollars 1:$10,000) because of bodily Injury to or death of’ one person in any one accident. , . . 100 Win PluB. SuitB 400 SB~ Antonio. TX. 72205.2797 and in amounts of $20,000 and $5,000. respectively, for Injuries 5lZ225+lSl more than one person and for property damage. See Acts 1963, 58th Leg., ch. 506, $1, st 1320. Under the new provisions, those minimum amounts have beer, raised to $15,000, $30.000, and $15,000. respec- An Equal Opportunity/ AffirmalIve Action Employer t ively , effective, January 1, 1984, to $20,000, $40,000, and
$15,000, effectivtr January 1, 1986. V.T.C.S. art. 6701h, fl. Section 7 of Senate Bfll No. 538 stated: This Act takes effect January 1, 1984, provided arf policies Issued prior January 11, 1984, proved responsi- bility that date shall to be *2 Ronorable Bill - Page 2 (J?t-315) flerrcr
adequrte proof of financial responsibility until it [s$cl terminates DC one year from its issuance. policy sooner?, snd sny
whichever Is dssued in 1985 chic?, proved financisl responri- bllity to January-l. 1986, shall continue be adequate proof of finsncial responsibility until it terminates or one year from its issuance, (Emphasis added). vhlchever is sooner.
The Safety Responsibility Law does not affect the actual amount of damages for which a motorist may be held liable by an Injured party in court; It Is a regulatorg measure that denies the privilege uslnn Texas hiuhwavs to a motorist unless the motorist can show fir&cial respo&ibillty In rmlounts specified by lam. See Gillas le 259 S.W.2d 177 (Tex. 1953 ---K-e v. Department of Public SafEz, Thus. a failure to furnish evidence denied. 347 U.S. 933 (19541.
proof of financial responsibility boes not insulate a motorist from financlsl responsibility for any damages his use of Texas highways may occasion, but such a failure can cause the offending motorist to lose his driving pr%vileges and v:ilLl make him subject to criminal penalty.
V.T.C.S. art. 6701h. lSlC, 1E.
In our opinion, the leglslature has clearly indicated its intent that no motorist should lose his driving privileges or be subject criminal for failure to provide “Proof of Financial penBlty ReBpOnBi- bility” if he remained insured January 1. 1984, under an in- surance policy that was adequate on December 31, 1983. to prove BuCh financial responsibility undlx article 6701h as It then read; and that such policy would thereafter to furnish adequate proof of responsibility urder the statute until the policy ter- minated, or until the expiration of~one year from Its Issuance, which- _ ever occurred first.
No part of the act bacame law before January 1, 1984, inasmuch as an act speaks at3 of the time at It takes effect, no rwtice It before one was required take time. Popham v. Patterson, 51 S.P.2d 680 (Tex. 1932). The fact that an polfcy reflecting policy of only $10,080 vas first written after Senate Bill No. 538 va.8 passed in 1983 is unimportant, long so as vss written prior to January 1, 1984 and remained in effect on it that date, not having been i,ssued as much as a full year earlier. A provision effective January 1, 1986 will again raise minimum required amounts. Cur conclusion ‘31th respect the provision January 1. 1984, also applil?rr to the 1986 changes because of the clear legislative intent. Cf. General Opinion B-752 (1975). of Senate Dill No. 538 becoming lav was not to auto-
matically increase such wlicy limits, but, rather. to obviate need them befxe a later time. See Norton v. Kleberg -- County, 231 S.W.2d 716 (Tex. 1950). *3 Aonorsbla Bill Hcrrer - PaSo 3 (JH-313) of Senate Bill No. 538. Sixty- eighth Rcpulat Session, vas not thc~ limits existing sutosstically incwase
automoblle liabilj (,y policies s ~lniram $15.000 on January 1, 1984, but rather vas obviste the need immediately such in order satisfy respon- sibility requireme:>ts of article
Very truly your r( / I J IW MATTOX Attorney General of Texas TOM GREFiN
First Assistant Attorney Ger.eral
DAVID R. RICBARDS
Executive Assistant Attorney General
ROBERT GRAY
Special Assistant Attorney General
ltICX GILPIN
Chairman, Opinion Committee
Prepared by Bruce Youngbloosi
Assistant General
APPROVED :
OPlNION COMMITTEE
Rick Gllpin, Chairman
Jon Bible
Colln Cerl
Susan Garrison
Tony Guillory
Jim Hoellinger
Jennifer RigSs
Nancy Sutton
Bruce Youngblood