Sec. 601.154. DEPARTMENT DETERMINATION OF PROBABILITY OF LIABILITY. (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 an accident, the department shall determine the amount of security sufficient to satisfy any judgment for damages resulting from the accident that may be recovered from the owner or operator.
(b) The department may not require security in an amount:
(1) less than $1,000; or
(2) more than the limits prescribed by Section 601.072.
(c) In determining whether there is a reasonable probability that a judgment will be rendered against the person as a result of an accident and the amount of security that is sufficient under Subsection (a), the department may consider:
(1) a report of an investigating officer; and
(2) an affidavit of a person who has knowledge of the facts.
(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 accident, satisfactory evidence that the owner or operator has:
(1) been released from liability;
(2) been finally adjudicated not to be liable; or
(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 accident.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 52, eff. September 1, 2017.
Structure Texas Statutes
Title 7 - Vehicles and Traffic
Subtitle D - Motor Vehicle Safety Responsibility
Chapter 601 - Motor Vehicle Safety Responsibility Act
Subchapter F. Security Following Accident
Section 601.151. Applicability of Subchapter
Section 601.152. Suspension of Driver's License and Vehicle Registration or Privilege
Section 601.153. Deposit of Security; Evidence of Financial Responsibility
Section 601.154. Department Determination of Probability of Liability
Section 601.155. Notice of Determination
Section 601.156. Setting of Hearing
Section 601.157. Hearing Procedures
Section 601.159. Procedures for Suspension of Driver's License and Vehicle Registration or Privilege
Section 601.160. Suspension Stayed Pending Hearing or Appeal
Section 601.161. Notice of Suspension
Section 601.162. Duration of Suspension
Section 601.163. Form of Security
Section 601.164. Reduction in Security
Section 601.165. Custody of Cash Security
Section 601.166. Payment of Cash Security
Section 601.167. Return of Cash Security
Section 601.168. Insurance Policy or Bond; Limits
Section 601.169. Reasonable Probability Not Admissible in Civil Suit