The Attorney General of Texas
May 14, 1982,
MARK WHITE
Attorney General
Honorable Bob Simpson Opinion No..M&467
Supreme Cam Building Chairman
P. 0. Box 12548
Committee on Insurance Re: The effect of rules
Austin, TX. 7871% 2549
512147.52501
Texas House of Representatives promulgated by the Texas
Telex 910/974-1267 P. 0. Box 2910 Department of Public Safety
Telecopin 512/475-9266 Austin, Texas 18769 concerning what co"stit"tes
evidence of financial
responsibility under article
1807 MaIn St., Suite 1400
Dallas. TX. 752014799
6701h, section 1A. V.T.C.S.
214l742+944
Dear Representative Simpson:
4924 Alberta Ave., Sulle 180
You have requested our opinion on the interpretation and
El Paso, TX. 799052793
91515333484
application of provisions of sections IA, et seq. of the Texas Motor
Vehicle-Safety Responsibility Act, article 6701h. V.T.C.S., relating
to compulsory liability insurance for, certain vehicles. You are
1220 Dallas Ave., Suite x)2 specifically concerned with whether rules promulgated by the Texas
Houskm, TX. 770026996
Department of Public Safety constitute the exclusive definition of
71-
what may be required to:show compliance with.the act and whether that
definition is binding on all law enforcement officers in the state.
808 Broadway, Suite 312
Lubbock. TX. 79401-3479 You indicate that there is a problem concerning what constitutes
9aSn47.5239
"evidence of financial responsibility" under the statute. See
V.T.C.S. article 6701h, .$§lA, 1B. See also sec. 1, subsection-
4309 N. Tenth, Suite 6 (defines "proof of financial responsibility").
McAllen. TX. 79501-1995
512m92.4S47 The legislature has specifically delegated the authority to the
Department of Public Safety to administer and enforce the provisions
200 Main Plaza, Suite 400
of the Texas Motor Vehicle Safety Responsibility Act, as well as to
San Antonio. TX. 792952797 make rules and regulations necessary for its administration. V.T.C.S.
51212254191 art. 6701h, 52(a).
An Equal Opportunityl
Pursuant to this authority, the Department of Public Safety
Af‘,,matlve Action Employer promulgated rule 201.13.00.021, 7 Tex. dreg.,206-7 (1982) to assist in
defining what would constitute "information concerning evidence of
financial responsibility" for purposes ,of sections 1A and 1B of
article 6701h. V.T.C.S. The rulesuggests: ,'.~
This evidence should include the name .of the
insured; effective dates of ~coverage; insurance
company; policy number or certificate number; and
p. 1631
Honorable Bob Simpson - Page 2 (MW-467)
the minimum amounts of financial responsibility
required by statute, which may be a statement that
'the policy coverage meets the minimum amounts of
financial responsibility required by statute,' or
the actual policy limits.
This portion of the rule does not require that each named item of
information be presented. The rule sets forth the following specific
items which shall be acceptable as proof of financial responsibility:
(1) insurance policy;
(2) an instrument issued by the insurance company
to be carried in the vehicle that confirms
coverage;
(3) department's letter acknowledging receipt of
bond, certificate of deposit of money, or
securities in the minimum amount of,$25,000;
(4) certificate of self-insurance issued by the
department;
(5) Railroad Commission cab cards --
(A) intrastate Railroad Commission cab
card with a copy of the authority attached,
(B) interstate ICC regulated carriers
Uniform D cab card with Railroad Commission
stamp attached,
(C) interstate exempt carriers Uniform Dl
cab card with Railroad Commission stamp
attached;
(6) copies of the aforementioned documents; and
(7) 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.
A review of this rule readily indicates that it is authorized and
consistent with the department's statutory authority. Kelly v.
Industrial Accident Board, 358 S.W.2d 874 (Tex. Civ. App. - Austin
1962. writ ref'd). The rule clearly harmonizes with the general
objectives of the statute. Gerst v. Oak Cliff Savings and Loan
Association, 432 S.W.2d 702 (Tex. 1968); Jefco, Inc. v. Lewis, 520
p. 1632
. Honorable Bob Simpson - Page 3 (MW-467)'
S.W.Zd 915 (Tex. Civ. App. - Austin 1975, writ ref'd n.r.e.).
Accordingly, we find the rule to be a valid exercise of the
department's rulemaking authority.
Although the Department of Public Safety is the only state agency
authorized to promulgate rules under the act, any law enforcement
officer in the state may request such.information. .V.T.C.S. art.
6701h, PlB. We believe the legislature delegated rulemaking authority
solely to the department to provide uniformity in the administration
and c0*str"ct10* of the act. It therefore follows that the
department's promulgation of the items set forth in this rule is
binding upon all law enforcement officers in the state that are
seeking information relating to financial responsibility under article
6701h. section 1B. c
The items set forth as 1 through 6 of the rule are not exclusive
because item 7 specifically authorizes the law enforcement officer to
accept other evidence. The statute itself does not restrict the kind
of evidence that an officer may accept. To the extent the owner
and/or driver of the vehicle produces any of the specifically
enumerated documents, this satisfies the statutory requirement and the
officer may not require a more onerous production of proof than
specified in the rule. In the event one of these specified documents
is not produced, the officer is authorized to aCcept some other proof
to the extent it confirms to the officer's satisfaction that the owner
and/or driver is in compliance with the Act.
SUMMARY
The rule promulgated by the Texas Department of
Public Safety relative to what constitutes
evidence of financial responsibility under the
Texas Motor Vehicle Safety Responsibility Act is
binding on all law enforcement officers of the
state.
&@
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
R1CHAP.DE. GRAY III
Executive Assistant Attorney General
P..~
1633
Honorable Bob Simpson - Page 4 (Mw-467)
Prepared by Thomas M. Pollan
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Jim Hoellinger
Thomas M. Pollan
p. 1634