By:  Cuellar, Renato                                   H.B. No. 648
       73R1282 DLF-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation, operation, and funding of the Texas Motor
    1-3  Vehicle Insurance Program.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  The Insurance Code is amended by adding Chapter
    1-6  26 to read as follows:
    1-7          CHAPTER 26.  TEXAS MOTOR VEHICLE INSURANCE PROGRAM
    1-8                   SUBCHAPTER A.  GENERAL PROVISIONS
    1-9        Art. 26.001.  DEFINITIONS.   In this chapter:
   1-10              (1)  "Association" means the Industry Motor Vehicle
   1-11  Insurance Association created under Article 26.091 of this code.
   1-12              (2)  "Board of directors" means the board of directors
   1-13  of the association.
   1-14              (3)  "Board of trustees" means the board of trustees of
   1-15  the program.
   1-16              (4)  "Executive director" means the executive director
   1-17  of the program.
   1-18              (5)  "Financial management committee" means the
   1-19  financial management committee of the program.
   1-20              (6)  "Fund" means the Texas motor vehicle insurance
   1-21  fund established under Article 26.081 of this code.
   1-22              (7)  "Insufficiency assessment reserve account" means
   1-23  the account established under Article 26.093 of this code.
   1-24              (8)  "Member insurer" means an insurer who is a member
    2-1  of the association.
    2-2              (9)  "Motor vehicle insurer" means any insurance
    2-3  company, interinsurance exchange, mutual, reciprocal, association,
    2-4  Lloyd's plan, or other insurer writing motor vehicle insurance in
    2-5  this state.
    2-6              (10)  "Program" means the Texas motor vehicle insurance
    2-7  program established under Article 26.002 of this code.
    2-8              (11)  "Traffic safety law violation" means an offense
    2-9  defined in the Uniform Act Regulating Traffic on Highways (Article
   2-10  6701d, Vernon's Texas Civil Statutes) except Sections 34, 76, 78,
   2-11  80, 81, 93, 94, 95, 96, 97, and 107A, and Articles 14 and 15 of
   2-12  that Act.
   2-13        Art. 26.002.  TEXAS MOTOR VEHICLE INSURANCE PROGRAM.   The
   2-14  Texas motor vehicle insurance program is established to write motor
   2-15  vehicle liability insurance and provide payment for damages caused
   2-16  by unknown, uninsured, and missing motor vehicle owners and
   2-17  operators in accordance with this chapter.
   2-18        Art. 26.003.  MEMBERSHIP IN GUARANTY ASSOCIATION.  The
   2-19  program is a member of the Texas Property and Casualty Insurance
   2-20  Guaranty Association established under Article 21.28-C of this
   2-21  code.
   2-22        Art. 26.004.  AUDIT.  The state auditor may audit the program
   2-23  and the fund in accordance with Chapter 321, Government Code.
   2-24        Art. 26.005.  DENIAL OF COVERAGE BECAUSE OF PRIOR PROGRAM
   2-25  COVERAGE PROHIBITED; NOTICE.  (a)  A motor vehicle insurer may not
   2-26  refuse to issue motor vehicle insurance to an applicant solely
   2-27  because the applicant previously obtained coverage from the
    3-1  program.
    3-2        (b)  On issuance of a private passenger motor vehicle policy
    3-3  to an insured, the program shall include with the policy a written
    3-4  notice notifying the insured:
    3-5              (1)  of the provisions of Subsection (a) of this
    3-6  article; and
    3-7              (2)  that, in the event of a violation of Subsection
    3-8  (a) of this article, the insured may file a complaint with the
    3-9  commissioner.
   3-10        Art. 26.006.  RECORDING OF TELEPHONE CALLS.  Notwithstanding
   3-11  any other law, the executive director may authorize employees of
   3-12  the program to record any telephone conversation with any
   3-13  individual if:
   3-14              (1)  the conversation is relevant to an accident or
   3-15  claim;
   3-16              (2)  the individual is advised that the conversation
   3-17  will be recorded; and
   3-18              (3)  the individual consents to the recording.
   3-19        SUBCHAPTER B.  BOARD OF TRUSTEES AND EXECUTIVE DIRECTOR
   3-20        Art. 26.011.  APPOINTMENT OF BOARD OF TRUSTEES.  (a)  The
   3-21  board of trustees of the program is composed of:
   3-22              (1)  five members appointed by the governor with the
   3-23  advice and consent of the senate; and
   3-24              (2)  five members appointed by the board of directors
   3-25  of the Industry Motor Vehicle Insurance Association, at least two
   3-26  of whom must be residents of this state.
   3-27        (b)  The executive director shall serve as an ex officio
    4-1  member of the board of trustees.
    4-2        (c)  Appointments to the board of trustees shall be made
    4-3  without regard to the race, color, disability, sex, religion, age,
    4-4  or national origin of the appointees.
    4-5        (d)  Appointed members of the board of trustees serve
    4-6  staggered six-year terms expiring February 1 of the applicable
    4-7  odd-numbered year.
    4-8        (e)  If there is a vacancy during the term of a member
    4-9  appointed by the governor, the governor shall appoint a replacement
   4-10  to fill the unexpired term.
   4-11        (f)  If there is a vacancy during the term of a member
   4-12  appointed by the board of directors, the board of directors shall
   4-13  appoint a replacement to fill the unexpired term.
   4-14        Art. 26.012.  PRESIDING OFFICER.  (a)  The board of trustees
   4-15  shall elect a presiding officer for the board for each year.  The
   4-16  presiding officer for each odd-numbered year shall be elected from
   4-17  the members appointed by the governor and the presiding officer for
   4-18  each even-numbered year shall be elected from the members appointed
   4-19  by the board of directors.
   4-20        (b)  The executive director may not serve as presiding
   4-21  officer of the board of trustees.
   4-22        Art. 26.013.  DUTIES OF BOARD OF TRUSTEES; RULES.  (a)  The
   4-23  board of trustees shall:
   4-24              (1)  formulate policy for the program; and
   4-25              (2)  advise the executive director regarding the
   4-26  executive director's powers and duties under this chapter.
   4-27        (b)  The board of trustees shall adopt rules as necessary to
    5-1  implement this chapter, including rules governing any notice or
    5-2  hearing required by this chapter.
    5-3        Art. 26.014.  COMPENSATION OF BOARD OF TRUSTEES.  A member of
    5-4  the board of trustees, other than the executive director, is not
    5-5  entitled to compensation but is entitled to reimbursement for
    5-6  actual and necessary expenses incurred in performing the member's
    5-7  duties at the rate provided by the General Appropriations Act.
    5-8        Art. 26.015.  EMPLOYMENT OF EXECUTIVE DIRECTOR.  (a)  The
    5-9  board of trustees shall employ an executive director for the
   5-10  program and shall compensate the executive director as provided by
   5-11  legislative appropriation.
   5-12        (b)  An incumbent executive director, in the capacity of ex
   5-13  officio member of the board of trustees, may not vote as a member
   5-14  of the board of trustees on the employment of a successor executive
   5-15  director.
   5-16        Art. 26.016.  POWERS AND DUTIES OF EXECUTIVE DIRECTOR.  (a)
   5-17  The executive director is the administrative head of the program
   5-18  and is responsible for the exercise of all of the powers and duties
   5-19  of the program under this chapter, except for the powers and duties
   5-20  conferred on the board of trustees under this chapter.
   5-21        (b)  The executive director may settle or defend claims made
   5-22  against the program.
   5-23        (c)  The executive director may employ or contract for
   5-24  personnel, including claims adjusters and attorneys.  The executive
   5-25  director shall compensate personnel as provided by legislative
   5-26  appropriation.
   5-27               SUBCHAPTER C.  ISSUANCE OF MOTOR VEHICLE
    6-1                  LIABILITY INSURANCE THROUGH PROGRAM
    6-2        Art. 26.021.  PROGRAM SHALL ISSUE POLICIES.  (a)  Except as
    6-3  provided by this subchapter, the program shall issue and deliver a
    6-4  policy of motor vehicle insurance to a resident of this state who:
    6-5              (1)  applies for motor vehicle liability coverage and
    6-6  pays the required premium;
    6-7              (2)  owns a motor vehicle in this state or is licensed
    6-8  to operate a motor vehicle by this state;
    6-9              (3)  has either:
   6-10                    (A)  attempted in good faith to obtain a policy
   6-11  of motor vehicle liability insurance from at least one
   6-12  rate-regulated motor vehicle insurer, other than the program, and
   6-13  has been denied a policy for a reason other than nonpayment of
   6-14  premiums; or
   6-15                    (B)  had a policy of motor vehicle liability
   6-16  insurance canceled or refused for renewal by a motor vehicle
   6-17  insurer, other than the program, for a reason other than nonpayment
   6-18  of premiums; and
   6-19              (4)  does not owe the program unpaid premium with
   6-20  respect to any prior expired or canceled motor vehicle liability
   6-21  insurance policy.
   6-22        (b)  A policy issued by the program to a person who does not
   6-23  qualify under Subsection (a) of this article is void.
   6-24        (c)  If a negotiable instrument issued for an applicant's
   6-25  initial payment to the program is not honored, any policy or
   6-26  endorsement issued in reliance on that payment is void.
   6-27        Art. 26.022.  POLICY PROVISIONS.  (a)  A motor vehicle
    7-1  liability insurance policy issued by the program must provide the
    7-2  minimum coverage required by the Texas Motor Vehicle
    7-3  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
    7-4  Statutes).
    7-5        (b)  A motor vehicle liability insurance policy issued by the
    7-6  program is subject to Subchapter A, Chapter 5, Insurance Code,
    7-7  except that premium rates shall be set as provided in this
    7-8  subchapter.
    7-9        (c)  The policy may include other provisions as determined by
   7-10  the executive director and approved by the board of trustees and
   7-11  the commissioner.
   7-12        (d)  A commercial motor vehicle liability insurance policy
   7-13  issued by the program may include coverage in addition to and in
   7-14  excess of the minimum coverage required by the Texas Motor Vehicle
   7-15  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   7-16  Statutes) if reinsurance acceptable to the executive director is
   7-17  available to the program for the additional or excess coverage.
   7-18        Art. 26.023.  COVERAGE FOR MOTORCYCLES PROHIBITED.  The
   7-19  program may not issue a policy providing coverage for the
   7-20  maintenance, operation, or use of a motorcycle, as that term is
   7-21  defined by Section 2, Uniform Act Regulating Traffic on Highways
   7-22  (Article 6701d, Vernon's Texas Civil Statutes).
   7-23        Art. 26.024.  PREMIUMS FOR POLICY ISSUED BY PROGRAM.  (a)
   7-24  The executive director shall establish the rate to be charged for a
   7-25  policy issued by the program, subject to approval by the board.
   7-26        (b)  In approving a rate under Subsection (a) of this
   7-27  article, the board shall consider the purposes of this chapter.
    8-1        (c)  The premium charged to a particular insured may reflect
    8-2  the prior claims experience of the insured and any convictions of
    8-3  the insured for a traffic safety law violation.
    8-4        (d)  The executive director may not consider amounts held in
    8-5  the insufficiency assessment reserve account in determining the
    8-6  amount of premiums under this article.
    8-7        Art. 26.025.  GOOD DRIVER RATES.  (a)  A policyholder who has
    8-8  completed three continuous years as a policyholder in the program
    8-9  during which the policyholder has not been convicted of a traffic
   8-10  safety law violation and has not been found at fault in a motor
   8-11  vehicle accident, is entitled to renewal coverage from the program
   8-12  for a premium comparable to the premium charged by rate-regulated
   8-13  insurers, as approved by the commissioner.
   8-14        (b)  In determining whether a policyholder has completed
   8-15  three continuous years as a policyholder in the program the program
   8-16  may not consider a lapse in coverage of less than 31 days.
   8-17        Art. 26.026.  FINANCING OF PREMIUMS.  The program may
   8-18  directly or indirectly provide for the financing of premiums and
   8-19  may accept premiums on an installment basis.
   8-20        Art. 26.027.  DENIAL OR CANCELLATION IF LICENSE OR
   8-21  REGISTRATION SUSPENDED OR REVOKED.  (a)  The executive director may
   8-22  deny an application for or cancel or refuse to renew insurance
   8-23  coverage for an applicant or insured whose driver's license is
   8-24  canceled, suspended, or revoked.  This subsection does not apply to
   8-25  the suspension of a license in connection with the first conviction
   8-26  of the applicant or insured of an offense under Article 6701l-1,
   8-27  Revised Statutes, or Section 19.05(a)(2), Penal Code.
    9-1        (b)  The executive director may deny an application for or
    9-2  may cancel or refuse to renew insurance coverage for an applicant
    9-3  or insured if a motor vehicle that is covered by the policy is not
    9-4  registered as required by the laws of this state.
    9-5        (c)  The executive director shall notify the applicant or
    9-6  insured of the denial, cancellation, or nonrenewal.  Cancellation
    9-7  or nonrenewal may not take effect before the 10th day after the
    9-8  date on which the notice is sent to the insured.
    9-9        Art. 26.028.  APPEAL OF CANCELLATION OR DENIAL; APPEALS
   9-10  BOARD.  (a)  Not later than the 10th day after the date on which a
   9-11  notice of denial or cancellation is sent under Article 26.027(c) of
   9-12  this chapter, an applicant or insured may appeal the denial or
   9-13  cancellation to the appeals board.
   9-14        (b)  The appeals board is composed of two members of the
   9-15  board of trustees and the commissioner or the commissioner's
   9-16  designee.  The executive director may not serve on the appeals
   9-17  board.
   9-18        (c)  The appeals board may affirm, reverse, or modify the
   9-19  cancellation or denial on the written record or after hearing.  A
   9-20  hearing under this subsection may not be held before the 10th day
   9-21  after the date on which written notice of the hearing is sent to
   9-22  the applicant or insured.
   9-23        (d)  An insured's coverage remains in effect pending the
   9-24  decision of the appeals board.
   9-25        (e)  An insured may not appeal cancellation for nonpayment of
   9-26  premium to the appeals board.
   9-27        Art. 26.029.  CHARGEABLE ACCIDENTS; NOTICE TO DEPARTMENT OF
   10-1  PUBLIC SAFETY; CANCELLATION OR NONRENEWAL OF COVERAGE.  (a)  The
   10-2  executive director shall notify the Department of Public Safety if
   10-3  an insured who has been insured by the program for at least 10
   10-4  months during any 18-month period has had three or more accidents
   10-5  which resulted in payment by the program of at least $300 for each
   10-6  accident to persons other than the insured.  The executive director
   10-7  may report any other matter concerning an insured's driving record
   10-8  to the Department of Public Safety.  The executive director may
   10-9  request that the director of the Department of Public Safety
  10-10  cancel, suspend, or revoke the driver's license of the insured
  10-11  under Chapter 173, Acts of the 47th Legislature, Regular Session,
  10-12  1941 (Article 6687b, Vernon's Texas Civil Statutes).
  10-13        (b)  If the director of the Department of Public Safety
  10-14  cancels, suspends, or revokes the driver's license of the insured,
  10-15  the executive director shall cancel or refuse to renew the
  10-16  insured's policy in accordance with Article 26.027 of this code.
  10-17        (c)  If the director of the Department of Public Safety does
  10-18  not cancel, suspend, or revoke the driver's license of the insured,
  10-19  the executive director may not cancel or refuse to renew the
  10-20  insured's policy because of the insured's driving record.
  10-21        Art. 26.030.  DENIAL OR CANCELLATION; NOTICE TO DEPARTMENT OF
  10-22  PUBLIC SAFETY.  The executive director shall notify the Department
  10-23  of Public Safety of any denial or cancellation of a policy under
  10-24  this subchapter.
  10-25        Art. 26.031.  NOTICE TO DESIGNATED DEPARTMENT EMPLOYEE.  The
  10-26  notice required by Articles 26.029 and 26.030 of this code shall be
  10-27  made to an employee of the Department of Public Safety designated
   11-1  to receive the notice by the director of the Department of Public
   11-2  Safety.
   11-3        Art. 26.032.  CANCELLATION OR NONRENEWAL OF POLICY; COVERAGE
   11-4  OF OTHER INDIVIDUALS.  If the executive director cancels or refuses
   11-5  to renew a policy under this subchapter because of the conduct of
   11-6  an individual insured, coverage for another individual covered by
   11-7  the policy may not be canceled and the program shall reclassify the
   11-8  rate of risk for the remaining insured for premium purposes.
   11-9            SUBCHAPTER D.  SALE OF POLICY THROUGH PRODUCER
  11-10        Art. 26.041.  DEFINITION.  In this subchapter, "producer"
  11-11  means a person licensed to act as motor vehicle insurance agent or
  11-12  solicitor in this state who may accept applications for motor
  11-13  vehicle insurance and bind the program under this subchapter.
  11-14        Art. 26.042.  AUTHORIZED PRODUCER.  (a)  Except as provided
  11-15  in this article, the program shall issue a certificate of authority
  11-16  to act as a producer to a person who:
  11-17              (1)  applies to the program for certification to act as
  11-18  a producer;
  11-19              (2)  is licensed to act as a motor vehicle insurance
  11-20  agent or solicitor; and
  11-21              (3)  files with the program the bond required by
  11-22  Article 26.043 of this code.
  11-23        (b)  The program may refuse to issue a certificate of
  11-24  authority to a person who:
  11-25              (1)  previously held a certificate of authority that
  11-26  was revoked; or
  11-27              (2)  permits a person subject to Subdivision (1) of
   12-1  this subsection to participate in that person's operations or
   12-2  management contrary to the requirements of this subchapter or an
   12-3  order of the commissioner.
   12-4        Art. 26.043.  BOND.  (a)  Not later than December 31 of each
   12-5  year, a producer shall file with the program:
   12-6              (1)  a bond, issued for the benefit of the fund and
   12-7  covering the following calendar year, that complies with Subsection
   12-8  (b) of this article; or
   12-9              (2)  a certificate of a motor vehicle insurer that
  12-10  complies with Subsection (c) of this article.
  12-11        (b)  A bond filed under Subsection (a) of this article must
  12-12  be:
  12-13              (1)  in the amount of $10,000;
  12-14              (2)  issued by an insurer authorized to act as a surety
  12-15  in this state; and
  12-16              (3)  conditioned that the producer will account for and
  12-17  pay to the program or another entitled person money in the
  12-18  possession of the producer in accordance with rules adopted under
  12-19  Article 26.047 of this code.
  12-20        (c)  Instead of filing a bond under Subsection (b) of this
  12-21  article, the producer may file a certificate executed by an
  12-22  authorized representative of a motor vehicle insurer certifying
  12-23  that:
  12-24              (1)  the insurer has a bond in effect that covers the
  12-25  producer and complies with the requirements of Subsection (b) of
  12-26  this article; and
  12-27              (2)  the bond coverage extends to the program for
   13-1  persons who apply to the program for coverage through the producer.
   13-2        (d)  The producer continuously shall maintain the bond
   13-3  coverage required under Subsection (b) or (c) of this article
   13-4  throughout each calendar year.
   13-5        (e)  The program may terminate the right of a producer to
   13-6  bind coverage under the program if the producer fails to comply
   13-7  with this article.  Termination takes effect on the 10th day after
   13-8  the date on which the program mails notice of the termination to
   13-9  the producer.  Not later than the 30th day after notice is mailed
  13-10  to the producer, the producer may request a hearing on the
  13-11  termination.
  13-12        Art. 26.044.  AUTHORITY TO BIND PROGRAM.  (a)  Subject to
  13-13  this subchapter and rules adopted under Article 26.047 of this
  13-14  code, a producer may bind the minimum coverage required under the
  13-15  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
  13-16  Vernon's Texas Civil Statutes) for an applicant on application to
  13-17  the producer and payment to the producer of the required premium.
  13-18        (b)  The program is liable for coverage bound under
  13-19  Subsection (a) of this article from the date that the producer
  13-20  binds the coverage.
  13-21        (c)  Not later than the 60th day after the date the producer
  13-22  binds the coverage, the program may cancel the coverage and refuse
  13-23  to issue a policy if the program finds:
  13-24              (1)  the applicant is not qualified for insurance from
  13-25  the program;
  13-26              (2)  the required premium has not been paid; or
  13-27              (3)  the fund is authorized to deny the application
   14-1  under Article 26.027 of this code.
   14-2        (d)  The program shall notify the applicant, the producer,
   14-3  and the Department of Public Safety of each cancellation.  Except
   14-4  as provided by Subsection (e) of this article, cancellation takes
   14-5  effect on the 10th day after the date on which the notice is mailed
   14-6  to the applicant.
   14-7        (e)  If cancellation of the coverage under Subsection (c) of
   14-8  this article is due to nonpayment of premiums, the program may not
   14-9  cancel the coverage if the applicant pays the required premiums
  14-10  before the 10th day after the date on which notice of the
  14-11  cancellation is mailed to the applicant.
  14-12        (f)  An applicant may appeal, in accordance with Article
  14-13  26.028 of this code, a cancellation under this article.
  14-14        Art. 26.045.  COMMISSION ON SALE OF POLICY.  (a)  The program
  14-15  shall pay to a producer of a policyholder to whom a policy of motor
  14-16  vehicle insurance is issued by the fund a commission equal to:
  14-17              (1)  10 percent of the policy premium for a policy of
  14-18  private passenger motor vehicle insurance; or
  14-19              (2)  an amount set by the executive director, but not
  14-20  to exceed 10 percent of the policy premium, for a policy not
  14-21  governed by Subdivision (1) of this subsection.
  14-22        (b)  The program may not pay a commission on a fully earned
  14-23  basis.
  14-24        (c)  The program may not pay a commission if:
  14-25              (1)  an applicant fails to qualify for a policy under
  14-26  Article 26.027 of this code; or
  14-27              (2)  a negotiable instrument issued for the applicant's
   15-1  initial payment to the program or to the producer is not honored.
   15-2        (d)  If a policy issued by the program is canceled, the
   15-3  producer shall refund to the fund any unearned commission.
   15-4        Art. 26.046.  COMMISSION ON TRANSFER TO PRIVATE COMPANY.  (a)
   15-5  If coverage of a person insured under the program is transferred to
   15-6  a private company, the company shall pay to the agent or broker who
   15-7  originally placed the insured with that company and who is the
   15-8  producer of record a commission equal to 10 percent of the premium
   15-9  on transfer or first renewal of the coverage only if another
  15-10  agent's commission is not paid.
  15-11        (b)  A commission on future renewals may not be paid under
  15-12  this section.
  15-13        Art. 26.047.  RULES GOVERNING BINDING OF COVERAGE; VIOLATION.
  15-14  The board of trustees shall adopt rules relating to the authority
  15-15  of producers to bind coverage under this article, including rules
  15-16  governing:
  15-17              (1)  the amount of premiums to be collected;
  15-18              (2)  the evidence necessary to establish the
  15-19  applicant's qualifications to be insured by the program;
  15-20              (3)  the time within which the producer is required to
  15-21  notify the program of the binding of coverage; and
  15-22              (4)  the procedures for notifying the program of the
  15-23  binding of coverage.
  15-24        Art. 26.048.  SALE OF ADD-ON COVERAGES.  (a)  In this
  15-25  article, "add-on coverage" means any coverage other than coverage
  15-26  authorized to be offered by the program under Article 26.022 of
  15-27  this code or described by Subsection (b) of this article,
   16-1  including:
   16-2              (1)  rental reimbursement coverage;
   16-3              (2)  personal effects theft coverage;
   16-4              (3)  collision and comprehensive deductible waiver
   16-5  coverage;
   16-6              (4)  uninsured or underinsured motorist coverage in
   16-7  excess of the minimum amounts required to be offered under Article
   16-8  5.06-1 of this code;
   16-9              (5)  personal injury protection coverage in excess of
  16-10  the minimum amounts required to be offered under Article 5.06-3 of
  16-11  this code;
  16-12              (6)  emergency living expense coverage;
  16-13              (7)  vehicle towing coverage; and
  16-14              (8)  emergency vehicle repair service coverage.
  16-15        (b)  This article does not apply to:
  16-16              (1)  comprehensive and collision coverage, other than
  16-17  collision and comprehensive deductible waiver coverage, provided by
  16-18  the program or by a motor vehicle insurer; or
  16-19              (2)  fire, life, or health insurance coverages that
  16-20  are:
  16-21                    (A)  not directly related to the underlying motor
  16-22  vehicle insurance coverage; and
  16-23                    (B)  written by an insurance company authorized
  16-24  to write the coverage.
  16-25        (c)  Before a producer who has bound coverage under the
  16-26  program may sell add-on coverage to the program insured, the
  16-27  producer must provide a written notice that:
   17-1              (1)  clearly discloses that the premium for the add-on
   17-2  coverage is not part of the premium for the insurance policy issued
   17-3  by the program;
   17-4              (2)  provides an itemized list of all add-on coverage
   17-5  to be sold to the insured; and
   17-6              (3)  states that the add-on coverage is optional and is
   17-7  not required under the Texas Motor Vehicle Safety-Responsibility
   17-8  Act (Article 6701h, Vernon's Texas Civil Statutes).
   17-9        (d)  The notice required by Subsection (c) of this article
  17-10  must be in a form approved by the commissioner, and must be signed
  17-11  by the program insured before the add-on coverage may be sold to
  17-12  the insured.
  17-13        (e)  A producer may not require an insured or a prospective
  17-14  insured, as a condition of purchasing an insurance policy issued by
  17-15  the program, to purchase add-on coverage.
  17-16        (f)  A producer is not required to provide the notice
  17-17  required by Subsection (c) of this article to an insured on renewal
  17-18  of a policy or coverage if:
  17-19              (1)  the number and type of coverages under the renewal
  17-20  do not change from the policy or coverages being renewed; and
  17-21              (2)  the notice was signed by the insured on original
  17-22  issuance of the policy or coverages.
  17-23        Art. 26.049.  FIDUCIARY DUTIES OF PRODUCER.  (a)  A producer
  17-24  is a fiduciary of the program for any money received by the
  17-25  producer in connection with a policy or policy application issued
  17-26  by, to be issued by, or bound in the program.
  17-27        (b)  A producer shall deposit any money held by the producer
   18-1  to be paid to the program into a trust account.
   18-2        Art. 26.050.  FAILURE TO PERFORM PRODUCER'S DUTIES.  (a)  The
   18-3  program, after notice and an opportunity for hearing, may refuse to
   18-4  accept further applications for coverage from a producer or may
   18-5  terminate the right of the producer to bind coverage if the program
   18-6  finds that:
   18-7              (1)  the producer has engaged in the practice of
   18-8  binding coverage through the program in violation of the rules
   18-9  adopted under Article 26.047 of this code;
  18-10              (2)  the producer failed, after a demand made by the
  18-11  program, to pay money due to the program as a result of the binding
  18-12  or change of coverage or as a result of a commission paid to the
  18-13  producer that is canceled after the effective date of coverage; or
  18-14              (3)  the producer has repeatedly violated Article
  18-15  26.048 of this code.
  18-16        (b)  If the program determines that there is a likelihood of
  18-17  substantial and immediate harm to the program, the program
  18-18  policyholders, or any other person because of a violation described
  18-19  by Subsection (a) of this article, the program may refuse to accept
  18-20  further applications for coverage from the producer or may
  18-21  terminate the right of the producer to bind coverage, effective on
  18-22  receipt of notice by the producer.  The program shall hold a
  18-23  hearing on action taken under this subsection not later than the
  18-24  10th day after the date on which the action is scheduled to take
  18-25  effect.
  18-26            SUBCHAPTER E.  CLAIMS NOT COVERED BY INSURANCE
  18-27        Art. 26.061.  UNKNOWN OWNER OR OPERATOR; UNKNOWN PERSON
   19-1  OPERATING VEHICLE WITHOUT OWNER'S CONSENT.  (a)  The fund shall pay
   19-2  a claim made against the fund in accordance with this subchapter if
   19-3  the claim is for the death or personal injury of an individual or
   19-4  for damage to property arising out of the ownership, maintenance,
   19-5  or use of a motor vehicle and:
   19-6              (1)  the identity of the motor vehicle and of the
   19-7  operator and owner of the motor vehicle cannot be ascertained; or
   19-8              (2)  at the time of the accident, the motor vehicle was
   19-9  being operated by an individual other than the owner without the
  19-10  owner's consent and the identity of that individual cannot be
  19-11  ascertained.
  19-12        (b)  The fund may pay a claim under this article only if:
  19-13              (1)  the claimant has a cause of action against the
  19-14  operator or owner of the motor vehicle;
  19-15              (2)  all reasonable efforts have been made to ascertain
  19-16  the identity of the motor vehicle and of the owner and operator of
  19-17  the motor vehicle; and
  19-18              (3)  at the time of the accident, the motor vehicle was
  19-19  uninsured or it is impossible to ascertain, after all reasonable
  19-20  efforts have been made, whether the motor vehicle was insured.
  19-21        Art. 26.062.  MISSING OWNER OR OPERATOR.  (a)  The fund shall
  19-22  pay a claim made against the fund in accordance with this
  19-23  subchapter if the claim is for the death or personal injury of an
  19-24  individual or for damage to property arising out of the ownership,
  19-25  maintenance, or use of a motor vehicle and the operator or owner of
  19-26  the motor vehicle cannot be located.
  19-27        (b)  The fund may pay a claim under this article only if:
   20-1              (1)  the claimant has a cause of action against the
   20-2  operator or owner of the motor vehicle;
   20-3              (2)  all reasonable efforts have been made to ascertain
   20-4  the whereabouts of the owner or operator of the motor vehicle; and
   20-5              (3)  at the time of the accident, the motor vehicle was
   20-6  uninsured or it is impossible to ascertain, after all reasonable
   20-7  efforts have been made, whether the motor vehicle was insured.
   20-8        Art. 26.063.  UNINSURED OWNER OR OPERATOR.  (a)  The fund
   20-9  shall pay a claim made against the fund in accordance with this
  20-10  subchapter if the claim is for the death or personal injury of an
  20-11  individual or for damage to property arising out of the ownership,
  20-12  maintenance, or use of a motor vehicle and the injury or damage was
  20-13  caused by an uninsured owner or operator.
  20-14        (b)  The fund may pay a claim under this article only if:
  20-15              (1)  the claimant has a cause of action against the
  20-16  operator or owner of the motor vehicle;
  20-17              (2)  the individual who suffered the death, personal
  20-18  injury, or property damage is not a spouse or a member of the
  20-19  family residing in the household of the uninsured owner or
  20-20  operator; and
  20-21              (3)  the claim is not being made for damage or
  20-22  destruction of an uninsured motor vehicle owned wholly or in part
  20-23  by the uninsured operator.
  20-24        Art. 26.064.  QUALIFIED CLAIMANTS.  The fund may pay a claim
  20-25  under this subchapter only if the claim is for death, personal
  20-26  injury, or property damage suffered by:
  20-27              (1)  a resident of this state;
   21-1              (2)  the owner of a motor vehicle registered in this
   21-2  state; or
   21-3              (3)  a resident of another state, territory, or federal
   21-4  district of the United States, a province of Canada, or a foreign
   21-5  country that provides recourse to residents of this state that is
   21-6  substantially similar to the recourse provided under this
   21-7  subchapter.
   21-8        Art. 26.065.  CERTAIN CLAIMS EXCLUDED.  The program may not
   21-9  pay a claim under this article if:
  21-10              (1)  the individual who suffered the personal injury,
  21-11  death, or property damage was, at the time of the accident,
  21-12  operating or riding in an uninsured motor vehicle owned by the
  21-13  individual or a member of the individual's family residing in the
  21-14  same household as the individual;
  21-15              (2)  the individual who suffered the personal injury,
  21-16  death, or property damage was, at the time of the accident,
  21-17  operating a motor vehicle in violation of an order suspending or
  21-18  revoking the certificate of registration of the motor vehicle or of
  21-19  the individual's operator's license;
  21-20              (3)  the claimant is a motor vehicle insurer seeking to
  21-21  recover as a subrogee an amount paid for damage to a motor vehicle
  21-22  under an insurance coverage, including collision, fire, theft, or
  21-23  uninsured motorist coverage; or
  21-24              (4)  the claimant is a holder of a certificate of
  21-25  self-insurance.
  21-26        Art. 26.066.  UNINSURED CLAIMS ONLY.  (a)  The fund may pay a
  21-27  claim under this subchapter only if the claim is not covered under
   22-1  a policy of motor vehicle liability insurance.
   22-2        (b)  The fund may not pay a claim under this subchapter if
   22-3  the claim is a covered claim subject to payment by the Texas
   22-4  Property and Casualty Insurance Guaranty Association under Article
   22-5  21.28-C of this code.
   22-6        Art. 26.067.  NOTICE OF CLAIM; TIME FOR FILING.  (a)  A
   22-7  claimant must notify the program of a claim under this subchapter
   22-8  not later than the 180th day after the date of the accident that is
   22-9  the basis of the claim.  The executive director may accept a claim
  22-10  after the date specified in this subsection only for good cause.
  22-11        (b)  The notice of claim must state that the claimant meets
  22-12  the requirements of this subchapter for payment of the claim and
  22-13  must include:
  22-14              (1)  the amount of damages claimed for lost wages,
  22-15  certified by the claimant's employer;
  22-16              (2)  the amount of damages claimed for medical
  22-17  expenses, together with all reports of medical treatment and
  22-18  consultation for injuries sustained in the accident;
  22-19              (3)  all available police or other accident reports;
  22-20  and
  22-21              (4)  any other information required by the executive
  22-22  director.
  22-23        (c)  The board of trustees may adopt rules governing
  22-24  procedures for filing a claim with the program under this
  22-25  subchapter.  The program is not liable for payment of a claim
  22-26  unless the claimant complies with the rules adopted under this
  22-27  subsection.
   23-1        Art. 26.068.  SUIT ON CLAIMS.  (a)  Except as provided by
   23-2  Subsection (c) of this article, the program may pay a claim under
   23-3  this subchapter only if a suit brought against the unknown,
   23-4  missing, or uninsured owner or operator establishes:
   23-5              (1)  that the owner or operator is liable for the
   23-6  claim; and
   23-7              (2)  the amount for which the owner or operator is
   23-8  liable.
   23-9        (b)  The program may intervene in any action brought under
  23-10  Subsection (a) and may raise any defense that could have been
  23-11  raised by the unknown, missing, or uninsured owner or operator.
  23-12        (c)  The program may settle a claim for payment under this
  23-13  subchapter.  The settlement may be made without the approval of the
  23-14  court.  The board of trustees shall adopt rules governing the
  23-15  procedure for settling claims under this subsection.
  23-16        Art. 26.069.  SUBROGATION.  (a)  To the extent of any amount
  23-17  paid under this subchapter, the program is subrogated to the rights
  23-18  of the claimant against the unknown, missing, or uninsured owner or
  23-19  operator.
  23-20        (b)  The program may bring suit to enforce its rights under
  23-21  this section against an owner or operator if the owner or operator
  23-22  is uninsured or if the identity or location of an unknown or
  23-23  missing owner or operator is discovered.
  23-24        (c)  Notwithstanding the limitation imposed by Section
  23-25  16.003, Civil Practice and Remedies Code, the program must bring
  23-26  suit against an unknown or missing owner or operator not later than
  23-27  the 180th day after the date the identity or location of the owner
   24-1  or operator is discovered by the program.
   24-2        (d)  In any suit brought by the program against an owner or
   24-3  operator to enforce its subrogation rights under this section, the
   24-4  program is entitled to recover all costs incurred by the program in
   24-5  bringing the action or otherwise collecting the amount owed to the
   24-6  program, including attorney's fees.
   24-7        Art. 26.070.  MAXIMUM PAYMENT.  The maximum amount the
   24-8  program may pay for a claim filed under this subchapter is:
   24-9              (1)  $20,000, excluding interest and court costs, for
  24-10  an injury to or death of one individual in any one accident;
  24-11              (2)  $40,000, excluding interest and court costs, for
  24-12  an injury to or death of two or more individuals in any one
  24-13  accident; and
  24-14              (3)  $10,000, excluding interest and court costs, for
  24-15  damages to property in any one accident.
  24-16        Art. 26.071.  PROPERTY DAMAGE MINIMUM.  The fund may not pay
  24-17  a claim for property damage under this subchapter unless the amount
  24-18  of the claim exceeds $100.
  24-19        Art. 26.072.  PAYMENT OF JUDGMENT; REDUCTION IN AMOUNT PAID
  24-20  TO CLAIMANT.  (a)  Unless the program settles the claim in
  24-21  accordance with Article 26.068(c) of this code and subject to
  24-22  Article 26.070 of this code and Subsection (b) of this article, the
  24-23  program shall pay the claimant the amount for which the owner or
  24-24  operator is found liable in accordance with Article 26.068(a) of
  24-25  this code.
  24-26        (b)  The program shall reduce the amount to be paid to a
  24-27  claimant under Subsection (a) of this article by:
   25-1              (1)  $100 for any amount representing damages to
   25-2  property;
   25-3              (2)  any amount that the claimant has received or is
   25-4  likely to receive from any source toward payment of the judgment or
   25-5  settlement of a claim against the unknown, missing, or uninsured
   25-6  owner or operator;
   25-7              (3)  any amount that the claimant has received or is
   25-8  likely to receive toward payment of a judgment or settlement of a
   25-9  claim against a person other than the unknown, missing, or
  25-10  uninsured owner or operator that arises out of the same accident;
  25-11              (4)  any amount the claimant has received or is likely
  25-12  to receive as a result of the accident on which the claim is based
  25-13  under an insurance policy providing coverage for damage to or
  25-14  destruction of property; and
  25-15              (5)  any amount the claimant paid to or on behalf of
  25-16  the claimant or that is likely to be paid to or on behalf of the
  25-17  claimant as a result of the accident on which the claim is based
  25-18  under a workers' compensation insurance policy.
  25-19           SUBCHAPTER F.  TEXAS MOTOR VEHICLE INSURANCE FUND
  25-20        Art. 26.081.  TEXAS MOTOR VEHICLE INSURANCE FUND.  (a)  The
  25-21  Texas motor vehicle insurance fund is a special fund outside the
  25-22  state treasury.  The fund is composed of premiums and other money
  25-23  received by the program under this chapter.  Interest that accrues
  25-24  on money in the fund shall be credited to the fund.
  25-25        (b)  The operating expenses of the program shall be paid from
  25-26  the fund.
  25-27        (c)  The legislature may not provide general revenue
   26-1  appropriations to the fund and an obligation of the fund is not an
   26-2  obligation of the state or a pledge of the credit of the state.
   26-3        Art. 26.082.  SEPARATE RECORDS OF INCOME AND EXPENSES
   26-4  RELATING TO UNINSURED AND COMMERCIAL CLAIMS.  The program shall
   26-5  keep separate records of income and expenses directly attributable
   26-6  to processing and paying:
   26-7              (1)  claims under Subchapter E; and
   26-8              (2)  commercial motor vehicle insurance claims.
   26-9        Art. 26.083.  USE OF FUND; MONEY FROM PREMIUMS.  Money in the
  26-10  fund may be used for the purposes of the program.  Money in the
  26-11  fund attributable to premiums and interest accruing on that money
  26-12  may only be used for the payment of claims arising under policies
  26-13  issued by the fund and for the administrative expenses of the fund.
  26-14        Art. 26.084.  RESERVES.  (a)  The executive director shall
  26-15  establish and maintain reasonable and adequate reserves for the
  26-16  payment of claims against the fund.  In determining the amount of
  26-17  reserves, the executive director shall use the same criteria a
  26-18  motor vehicle insurer uses to determine the amount of its required
  26-19  reserves.
  26-20        (b)  At least annually, the board of trustees shall review
  26-21  the reasonableness and adequacy of the reserves.
  26-22        Art. 26.085.  FINANCIAL MANAGEMENT COMMITTEE.  (a)  The
  26-23  financial management committee of the program is composed of:
  26-24              (1)  the executive director;
  26-25              (2)  one person selected by the board of trustees from
  26-26  the members of the board of trustees appointed by the governor; and
  26-27              (3)  one person selected by the board of trustees from
   27-1  the members of the board of trustees appointed by the board of
   27-2  directors.
   27-3        (b)  The financial management committee shall manage and
   27-4  invest the money in the fund in accordance with Article 26.086 of
   27-5  this code.
   27-6        Art. 26.086.  INVESTMENT OF FUND.  (a)  If the executive
   27-7  director determines that there is money in the fund that is not
   27-8  required for immediate use, the financial management committee may
   27-9  invest the money in investments legal for casualty insurance
  27-10  companies in this state.
  27-11        (b)  If the executive director determines that the use of any
  27-12  part of the money invested under Subsection (a) of this article is
  27-13  necessary or expedient, the financial management committee shall
  27-14  liquidate the investment, as necessary.
  27-15      SUBCHAPTER G.  INDUSTRY MOTOR VEHICLE INSURANCE ASSOCIATION
  27-16        Art. 26.091.  MEMBERSHIP.  (a)  The Industry Motor Vehicle
  27-17  Insurance Association is created.  The association is composed of
  27-18  all motor vehicle insurers.  The program is not a member of the
  27-19  association.
  27-20        (b)  An insurer who is not a member of the association may
  27-21  not write motor vehicle insurance in this state.
  27-22        Art. 26.092.  BOARD OF DIRECTORS.  (a)  The board of
  27-23  directors of the association shall administer the association.
  27-24        (b)  The board of directors is composed of nine individuals
  27-25  elected annually by the members of the association and must
  27-26  include:
  27-27              (1)  two individuals nominated by the National
   28-1  Association of Independent Insurers or its successor organization;
   28-2              (2)  two individuals nominated by the American
   28-3  Insurance Association or its successor organization;
   28-4              (3)  two individuals nominated by the American Mutual
   28-5  Insurance Alliance or its successor organization;
   28-6              (4)  one individual associated with a member insurer
   28-7  that is chartered in Texas and that is not affiliated with an
   28-8  organization listed in Subdivisions (1), (2), and (3) of this
   28-9  subsection; and
  28-10              (5)  two individuals who are not associated with a
  28-11  member insurer that is affiliated with an organization listed in
  28-12  Subdivisions (1), (2), and (3) of this subsection and who are not
  28-13  associated with a member insurer who is otherwise represented on
  28-14  the board.
  28-15        (c)  If an organization mentioned in Subdivisions (1), (2),
  28-16  and (3) of Subsection (b) does not submit nominations before the
  28-17  10th day before the date of an election, the requirement that two
  28-18  members of the board of directors be nominated by that organization
  28-19  does not apply to that election.
  28-20        Art. 26.093.  INSUFFICIENCY ASSESSMENT RESERVE ACCOUNT.  (a)
  28-21  The association shall establish the insufficiency assessment
  28-22  reserve account as an interest-bearing account in a financial
  28-23  institution in this state.
  28-24        (b)  The association shall deposit to the credit of the
  28-25  account:
  28-26              (1)  insufficiency assessments collected by the
  28-27  association under Subchapter H of this chapter; and
   29-1              (2)  any surplus recoupment paid to the association
   29-2  under Subchapter I of this chapter.
   29-3        (c)  Money in the insufficiency assessment reserve account is
   29-4  held in trust for the use of the program and shall be paid to the
   29-5  program in accordance with this chapter.
   29-6        (d)  The association may authorize the financial institution
   29-7  to invest all or part of the insufficiency assessment reserve
   29-8  account in investments legal for casualty companies in this state,
   29-9  and any income from the investments shall be deposited to the
  29-10  credit of the account.
  29-11                SUBCHAPTER H.  INSUFFICIENCY ASSESSMENT
  29-12        Art. 26.101.  CERTIFICATION OF OPERATING LOSS.  (a)  In this
  29-13  article, "statutory basis accounting" means an accounting based on
  29-14  accounting practices prescribed or permitted by the commissioner.
  29-15        (b)  Not later than March 15 of each year the board of
  29-16  trustees shall certify to the board of directors the actual
  29-17  operating loss, if any, sustained by the fund for the preceding
  29-18  calendar year.  The certification of operating loss must be
  29-19  reported as a statutory basis accounting and must separately
  29-20  identify:
  29-21              (1)  commercial motor vehicle loss;
  29-22              (2)  private passenger motor vehicle loss; and
  29-23              (3)  the aggregate of both commercial and private
  29-24  passenger motor vehicle loss.
  29-25        Art. 26.102.  COMPUTATION OF ASSESSMENT ALLOCATION
  29-26  PERCENTAGE.  (a)  The board of directors shall compute separately
  29-27  the assessment allocation percentage for private passenger motor
   30-1  vehicle insurance loss and for commercial motor vehicle insurance
   30-2  loss for each calendar year.
   30-3        (b)  The board of directors shall compute the assessment
   30-4  allocation percentage for motor vehicle insurance loss for a
   30-5  calendar year by dividing the applicable certified operating loss
   30-6  by the total of:
   30-7              (1)  the aggregate net direct written premiums of all
   30-8  member companies during the preceding year, as determined by the
   30-9  commissioner; and
  30-10              (2)  the fund's total net direct written premium for
  30-11  the same period.
  30-12        (c)  The board of directors shall adjust the assessment
  30-13  allocation percentage for commercial motor vehicle insurance and
  30-14  for private passenger motor vehicle insurance to reflect any money
  30-15  paid to the insufficiency assessment reserve account because of a
  30-16  recoupment surplus or shortfall experienced by a member insurer for
  30-17  any preceding year in which an assessment was made.
  30-18        (d)  The assessment allocation percentage for private
  30-19  passenger motor vehicle insurance may not exceed 3 percent.
  30-20        Art. 26.103.  ASSESSMENT.  (a)  Not later than April 30 of
  30-21  each year in which an assessment is to be made, the board of
  30-22  directors shall notify each member insurer of the assessment
  30-23  allocation percentage for commercial motor vehicle insurance and
  30-24  for private passenger motor vehicle insurance for that year.
  30-25        (b)  Not later than May 31 of each year in which an
  30-26  assessment is to be made, each member insurer shall pay the
  30-27  association an amount equal to the sum of:
   31-1              (1)  the assessment allocation percentage for
   31-2  commercial motor vehicle insurance multiplied by the member's net
   31-3  direct written premium for commercial motor vehicle insurance for
   31-4  the preceding calendar year; and
   31-5              (2)  the assessment allocation percentage for private
   31-6  passenger motor vehicle insurance multiplied by the member's net
   31-7  direct written premium for private passenger motor vehicle
   31-8  insurance for the preceding calendar year.
   31-9        Art. 26.104.  ASSESSMENT NOT DEDUCTIBLE.  A member insurer
  31-10  may not deduct a payment made by the insurer under Article 26.103
  31-11  of this code from any other assessment or tax required by law.
  31-12        Art. 26.105.  PAYMENT TO FUND.  Not later than July 1 of each
  31-13  year in which an assessment is made, the board of directors shall
  31-14  pay the amount of the certified operating loss reported under
  31-15  Article 26.101 of this code to the fund.
  31-16                  SUBCHAPTER I.  RECOUPMENT SURCHARGE
  31-17        Art. 26.111.  AUTHORIZATION FOR ASSESSMENT SURCHARGE;
  31-18  ELECTION.  (a)  The commissioner shall review the assessment
  31-19  allocation percentages computed by the association and, unless the
  31-20  computation is determined to be inaccurate, shall authorize each
  31-21  member insurer to impose a recoupment surcharge on commercial or
  31-22  private passenger motor vehicle liability insurance policyholders,
  31-23  as appropriate.
  31-24        (b)  Not later than June 30 of the year in which the
  31-25  assessment is made, each member insurer shall notify the
  31-26  commissioner and the association as to whether the insurer will
  31-27  collect the recoupment surcharge.
   32-1        (c)  An insurer that notifies the commissioner that it will
   32-2  not collect the recoupment surcharge waives its option to recover
   32-3  any part of the assessment made against the insurer.
   32-4        Art. 26.112.  COMPUTATION OF RECOUPMENT SURCHARGE;
   32-5  APPLICABILITY TO POLICY.  (a)  The recoupment surcharge applicable
   32-6  to a policy is equal to the appropriate allocation assessment
   32-7  percentage multiplied by the premium for issuance or renewal of the
   32-8  policy.
   32-9        (b)  The recoupment surcharge is applicable to each motor
  32-10  vehicle liability insurance policy delivered, issued for delivery,
  32-11  or renewed by the insurer during the one-year period following June
  32-12  30 of the year in which the insufficiency assessment was made.
  32-13        Art. 26.113.  COLLECTION OF RECOUPMENT SURCHARGE.  (a)  Each
  32-14  member insurer that elects to collect a recoupment surcharge shall
  32-15  clearly identify, in a form approved by the commissioner, the
  32-16  recoupment surcharge on the premium billing of each policyholder.
  32-17        (b)  A member insurer may cancel the policy of a policyholder
  32-18  who fails to pay the recoupment surcharge as if the policyholder
  32-19  failed to pay the policy premium.
  32-20        (c)  A recoupment surcharge paid by a policyholder may not be
  32-21  adjusted or refunded.
  32-22        (d)  Each member insurer that collects a recoupment surcharge
  32-23  under this subchapter shall report quarterly to the association
  32-24  concerning the amounts billed and collected.  The report must be in
  32-25  the form required by the board of directors and must be certified
  32-26  as true and accurate in the manner required by the board of
  32-27  directors.
   33-1        Art. 26.114.  SHORTFALL OR SURPLUS.  (a)  If the total of all
   33-2  recoupment surcharges collected by a member insurer in a recoupment
   33-3  year is less than the amount of the assessment paid by the insurer,
   33-4  the commissioner shall adjust the amount of the recoupment
   33-5  surcharge for the next assessment made against the insurer.
   33-6        (b)  If the total of all recoupment surcharges collected by a
   33-7  member insurer in a recoupment year is greater than the amount of
   33-8  the assessment paid by the insurer, the insurer shall pay the
   33-9  amount of the surplus to the association for deposit to the credit
  33-10  of the insufficiency assessment reserve account.
  33-11        Art. 26.115.  PROGRAM SHALL COLLECT SURCHARGE.  The program
  33-12  shall collect the amount of the recoupment surcharge from its
  33-13  policyholders in the same manner as a member insurer, except that
  33-14  amounts collected by the program shall be deposited to the credit
  33-15  of the fund.
  33-16        Art. 26.116.  RECOUPMENT SURCHARGE NOT PREMIUM.  A recoupment
  33-17  surcharge is not a premium for purposes of premium tax or for
  33-18  purposes of computing an agent's commission.
  33-19                     SUBCHAPTER J.  REVENUE BONDS
  33-20        Art. 26.131.  DEFINITIONS.  In this subchapter:
  33-21              (1)  "Authority" means the Texas Public Finance
  33-22  Authority.
  33-23              (2)  "Bond resolution" means the resolution or order
  33-24  authorizing the bonds to be issued under this article.
  33-25        Art. 26.132.  BONDS AUTHORIZED.  On behalf of the program,
  33-26  the Texas Public Finance Authority shall issue revenue bonds to:
  33-27              (1)  establish the initial surplus of the fund;
   34-1              (2)  establish and maintain reserves;
   34-2              (3)  pay initial operating costs;
   34-3              (4)  pay costs related to issuance of the bonds; and
   34-4              (5)  pay other costs related to the bonds as may be
   34-5  determined by the board of directors of the authority.
   34-6        Art. 26.133.  APPLICABILITY OF OTHER STATUTES.  The following
   34-7  Acts apply to bonds issued under this article to the extent
   34-8  consistent with this article:
   34-9              (1)  the Texas Public Finance Authority Act (Article
  34-10  601d, Vernon's Texas Civil Statutes);
  34-11              (2)  Chapter 656, Acts of the 68th Legislature, Regular
  34-12  Session, 1983 (Article 717q, Vernon's Texas Civil Statutes);
  34-13              (3)  Chapter 3, Acts of the 61st Legislature, Regular
  34-14  Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes);
  34-15              (4)  the Bond Procedures Act of 1981 (Article 717k-6,
  34-16  Vernon's Texas Civil Statutes);
  34-17              (5)  Chapter 1078, Acts of the 70th Legislature,
  34-18  Regular Session, 1987 (Article 717k-7, Vernon's Texas Civil
  34-19  Statutes);
  34-20              (6)  Article 3, Chapter 53, Acts of the 70th
  34-21  Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
  34-22  Texas Civil Statutes);
  34-23              (7)  Article 717k-9, Revised Statutes; and
  34-24              (8)  Chapter 400, Acts of the 66th Legislature, 1979
  34-25  (Article 717m-1, Vernon's Texas Civil Statutes).
  34-26        Art. 26.134.  LIMITS.  The authority may issue, on behalf of
  34-27  the fund, bonds in a total amount not to exceed $200 million.
   35-1        Art. 26.135.  CONDITIONS.  (a)  Bonds may be issued at public
   35-2  or private sale.
   35-3        (b)  Bonds may mature not more than 20 years after the date
   35-4  issued.
   35-5        (c)  Bonds must be issued in the name of the program.
   35-6        Art. 26.136.  ADDITIONAL COVENANTS.  In a bond resolution,
   35-7  the board of directors of the authority may make additional
   35-8  covenants with respect to the bonds and the designated income and
   35-9  receipts of the fund pledged to their payment and may provide for
  35-10  the flow of funds and the establishment, maintenance, and
  35-11  investment of funds and accounts with respect to the bonds.
  35-12        Art. 26.137.  SPECIAL ACCOUNTS.  (a)  A bond resolution may
  35-13  establish special accounts in the fund including an interest and
  35-14  sinking fund account,  reserve account, and other accounts.
  35-15        (b)  The executive director shall administer the accounts in
  35-16  accordance with Subchapter F of this chapter.
  35-17        Art. 26.138.  SECURITY.  (a)  Bonds are payable only from the
  35-18  maintenance tax surcharge established in Article 26.139 of this
  35-19  code or other sources the program is authorized to levy, charge,
  35-20  and collect in connection with paying any portion of the bonds.
  35-21        (b)  Bonds are obligations solely of the program.  Bonds do
  35-22  not create a pledging, giving, or lending of the faith, credit, or
  35-23  taxing authority of this state.
  35-24        (c)  Each bond must include a statement that the state is not
  35-25  obligated to pay any amount on the bond and that the faith, credit,
  35-26  and taxing authority of this state are not pledged, given, or lent
  35-27  to those payments.
   36-1        (d)  Each bond issued under this article must state on its
   36-2  face that the bond is payable solely from the revenues pledged for
   36-3  that purpose and that the bond does not and may not constitute a
   36-4  legal or moral obligation of the state.
   36-5        Art. 26.139.  MAINTENANCE TAX SURCHARGE.  (a)  A maintenance
   36-6  tax surcharge is assessed against:
   36-7              (1)  each motor vehicle insurer; and
   36-8              (2)  the program.
   36-9        (b)  The maintenance tax surcharge shall be set in an amount
  36-10  sufficient to pay all debt service on the bonds.  The maintenance
  36-11  tax surcharge is set by the board in the same time and shall be
  36-12  collected on behalf of the fund in the same manner as provided
  36-13  under Article 4.10 of this code.
  36-14        (c)  The program and each insurance company may pass through
  36-15  the maintenance tax surcharge to each of its policyholders.
  36-16        (d)  As a condition of engaging in the business of insurance
  36-17  in this state, a motor vehicle insurer in this state agrees that if
  36-18  the company leaves the motor vehicle insurance market in this state
  36-19  it remains obligated to pay, until the bonds are retired, the
  36-20  company's share of the maintenance tax surcharge assessed under
  36-21  this article in an amount proportionate to that company's share of
  36-22  the motor vehicle insurance market in this state as of the last
  36-23  complete reporting period before the date on which the company
  36-24  ceases to engage in the insurance business in this state.  The
  36-25  proportion assessed against the company shall be based on the
  36-26  insurer's motor vehicle insurance gross premiums for the company's
  36-27  last reporting period.  The insurer is not required to pay the
   37-1  proportionate amount in any year in which the surcharge assessed
   37-2  against motor vehicle insurers continuing to write motor vehicle
   37-3  insurance in this state is sufficient to service the bond
   37-4  obligation.  The abolition of the program under this chapter does
   37-5  not affect the liability of an insurer for a maintenance tax
   37-6  surcharge assessed under this section.
   37-7        Art. 26.140.  TAX EXEMPT.  The bonds issued under this
   37-8  subchapter, and any interest from the bonds, and all assets pledged
   37-9  to secure the payment of the bonds are free from taxation by the
  37-10  state or a political subdivision of this state.
  37-11        Art. 26.141.  AUTHORIZED INVESTMENTS.  The bonds issued under
  37-12  this article constitute authorized investments under Article 2.10
  37-13  and Subpart A, Part I, Article 3.39, of this code.
  37-14        Art. 26.142.  STATE PLEDGE.  The state pledges to and agrees
  37-15  with the owners of any bonds issued in accordance with this
  37-16  subchapter that the state will not limit or alter the rights vested
  37-17  in the program to fulfill the terms of any agreements made with the
  37-18  owners of the bonds or in any way impair the rights and remedies of
  37-19  those owners until the bonds, any premium or interest, and all
  37-20  costs and expenses in connection with any action or proceeding by
  37-21  or on behalf of those owners are fully met and discharged.  The
  37-22  program may include this pledge and agreement of the state in any
  37-23  agreement with the owners of the bonds.
  37-24        Art. 26.143.  ENFORCEMENT BY MANDAMUS.  A writ of mandamus
  37-25  and all other legal and equitable remedies are available to any
  37-26  party at interest to require the fund and any other party to carry
  37-27  out agreements and to perform functions and duties under this
   38-1  subchapter, the Texas Constitution, or a bond resolution.
   38-2        SECTION 2.  Section 35, Texas Motor Vehicle
   38-3  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   38-4  Statutes), is repealed.
   38-5        SECTION 3.  (a)  Except as provided by Subsection (b) of this
   38-6  section, this Act takes effect September 1, 1993.
   38-7        (b)  Section 2 of this Act takes effect January 1, 1995.
   38-8        SECTION 4.  (a)  The Texas Motor Vehicle Insurance Program
   38-9  established under Chapter 26, Insurance Code, as added by this Act,
  38-10  may not issue motor vehicle insurance liability coverage before
  38-11  January 1, 1995.
  38-12        (b)  A motor vehicle insurer may not provide motor vehicle
  38-13  liability insurance through the assigned risk plan established
  38-14  under Section 35, Texas Motor Vehicle Safety-Responsibility Act
  38-15  (Article 6701h, Vernon's Texas Civil Statutes), that provides
  38-16  coverage that is effective after December 31, 1994.
  38-17        (c)  The Texas Motor Vehicle Insurance Program established
  38-18  under Chapter 26, Insurance Code, as added by this Act, may not pay
  38-19  a claim under Subchapter E of that chapter if the claim results
  38-20  from an accident that occurred before January 1, 1995.
  38-21        SECTION 5.  (a)  In making initial appointments to the board
  38-22  of trustees of the Texas Motor Vehicle Insurance Program
  38-23  established under Chapter 26, Insurance Code, as added by this Act:
  38-24              (1)  the governor shall appoint:
  38-25                    (A)  two members for terms expiring February 1,
  38-26  1995;
  38-27                    (B)  two members for terms expiring February 1,
   39-1  1997; and
   39-2                    (C)  one member for a term expiring February 1,
   39-3  1999; and
   39-4              (2)  the board of directors of the Industry Motor
   39-5  Vehicle Insurance Association established by Chapter 26, Insurance
   39-6  Code, as added by this Act, shall appoint:
   39-7                    (A)  two members for terms expiring February 1,
   39-8  1995;
   39-9                    (B)  two members for terms expiring February 1,
  39-10  1997; and
  39-11                    (C)  one member for a term expiring February 1,
  39-12  1999.
  39-13        (b)  The commissioner of insurance shall adopt rules as
  39-14  necessary to implement the initial election of members of the board
  39-15  of directors of the Industry Motor Vehicle Insurance Association
  39-16  established by Chapter 26, Insurance Code, as added by this Act.
  39-17  The initial election shall take place not later than February 1,
  39-18  1994.
  39-19        SECTION 6.  The importance of this legislation and the
  39-20  crowded condition of the calendars in both houses create an
  39-21  emergency and an imperative public necessity that the
  39-22  constitutional rule requiring bills to be read on three several
  39-23  days in each house be suspended, and this rule is hereby suspended.