By:  Counts                                           H.B. No. 1065
       73R4711 DLF-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to motor vehicle insurance coverage and liability for
    1-3  motor vehicle accidents; imposing civil and criminal penalties.
    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.  MOTOR VEHICLE ACCIDENT COMPENSATION
    1-8                         AND COST CONTAINMENT
    1-9                   SUBCHAPTER A.  GENERAL PROVISIONS
   1-10        Art. 26.01.  DEFINITIONS.  In this chapter:
   1-11              (1)  "Accidental injury" means a bodily injury,
   1-12  sickness, or disease that is not intentionally caused by the
   1-13  injured person and that arises out of the use of a motor vehicle.
   1-14  The term includes a death resulting from the injury, sickness, or
   1-15  disease.
   1-16              (2)  "Dependent" means a resident relative of a person
   1-17  who receives financial or services support from that person.
   1-18              (3)  "Economic loss" means medical expenses, loss of
   1-19  income from work, and replacement services loss incurred by an
   1-20  injured person as the result of an accidental injury to the injured
   1-21  person.
   1-22              (4)  "Injured person" means a person who sustains an
   1-23  accidental injury.
   1-24              (5)  "Medical expenses" means reasonable expenses that
    2-1  are incurred by an injured person, a parent or guardian on behalf
    2-2  of an injured person who is a minor or who has a mental disability,
    2-3  or a spouse on behalf of an injured person who is deceased, and
    2-4  that are incurred for necessary medical, surgical, X ray, dental,
    2-5  ambulance, hospital, medical rehabilitation, and professional
    2-6  nursing services expenses.  The term includes expenses for
    2-7  eyeglasses, hearing aids, and prosthetic devices.
    2-8              (6)  "Medical rehabilitation services" means services
    2-9  that are reasonably necessary and are designed to:
   2-10                    (A)  reduce the disability and dependence of an
   2-11  injured person; and
   2-12                    (B)  restore the person, to the extent reasonably
   2-13  possible, to the person's level of physical functioning before the
   2-14  accidental injury.
   2-15              (7)  "Motor vehicle" has the meaning assigned by
   2-16  Section 1, Texas Motor Vehicle Safety-Responsibility Act (Article
   2-17  6701h, Vernon's Texas Civil Statutes).
   2-18              (8)  "Motor vehicle insurance" means insurance that
   2-19  provides coverage for accidental injury resulting from the use of a
   2-20  motor vehicle, including a policy issued under an assigned risk
   2-21  plan established under Section 35, Texas Motor Vehicle
   2-22  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   2-23  Statutes).
   2-24              (9)  "Motor vehicle insurer" means any insurer writing
   2-25  motor vehicle insurance in this state, including:
   2-26                    (A)  an insurance company;
   2-27                    (B)  an interinsurance exchange;
    3-1                    (C)  a mutual insurance company, including a
    3-2  county mutual insurance company;
    3-3                    (D)  a reciprocal insurance company or
    3-4  interinsurance exchange;
    3-5                    (E)  a Lloyd's plan insurer; and
    3-6                    (F)  a person qualified as a self-insurer under
    3-7  Section 34, Texas Motor Vehicle Safety-Responsibility Act (Article
    3-8  6701h, Vernon's Texas Civil Statutes).
    3-9              (10)  "Noneconomic loss" means a detriment other than
   3-10  economic loss for which damages would be recoverable under the law
   3-11  of this state in the absence of this chapter, including pain,
   3-12  suffering, inconvenience, and mental anguish.
   3-13              (11)  "Occupying" means, in the context of occupying a
   3-14  motor vehicle:
   3-15                    (A)  to be in or on a motor vehicle; or
   3-16                    (B)  to be engaged in the immediate act of
   3-17  entering into or alighting from the motor vehicle.
   3-18              (12)  "Owner" means:
   3-19                    (A)  the person in whose name a motor vehicle has
   3-20  been registered; or
   3-21                    (B)  if no registration is in effect at the time
   3-22  of an accident involving the motor vehicle:
   3-23                          (i)  the person holding legal title to the
   3-24  motor vehicle; or
   3-25                          (ii)  if the motor vehicle is the subject
   3-26  of a security agreement or lease with the option to purchase, a
   3-27  debtor or lessee who has the right to possess the vehicle.
    4-1              (13)  "Person" includes an individual, corporation,
    4-2  organization, or any other legal entity.
    4-3              (14)  "Personal compensation coverage" means coverage
    4-4  that provides first party benefits in accordance with Article
    4-5  26.31(a) of this code.
    4-6              (15)  "Personal compensation insured" means a person
    4-7  entitled to personal compensation benefits under Article 26.33 of
    4-8  this code.
    4-9              (16)  "Replacement services loss" means expenses
   4-10  reasonably incurred in obtaining ordinary and necessary services
   4-11  from a person who is not a member of the injured person's
   4-12  household.
   4-13              (17)  "Resident relative" means a person who is related
   4-14  by blood, marriage, or adoption to an insured or an injured person
   4-15  and who:
   4-16                    (A)  resides in the same household as the insured
   4-17  or injured person; or
   4-18                    (B)  temporarily resides in a place other than
   4-19  the household of the insured or injured person, but who usually
   4-20  makes a home in the same family unit.
   4-21              (18)  "Uninsured motor vehicle" means a motor vehicle
   4-22  that is:
   4-23                    (A)  not covered by motor vehicle insurance that
   4-24  meets the requirements of the Texas Motor Vehicle
   4-25  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   4-26  Statutes); or
   4-27                    (B)  owned by a person whose identity is unknown
    5-1  and unascertainable.
    5-2        Art. 26.02.  RULES.  The board may adopt rules for the
    5-3  administration of this chapter.
    5-4        Art. 26.03.  CONSTRUCTION OF NONCONFORMING POLICIES.  In any
    5-5  controversy regarding the terms of a motor vehicle insurance
    5-6  policy, a motor vehicle insurance policy that is delivered, issued
    5-7  for delivery, or renewed in this state shall be construed to comply
    5-8  with this chapter.
    5-9        Art. 26.04.  ARBITRATION.  (a)  A dispute between a motor
   5-10  vehicle insurer and a personal compensation insured or a dependent
   5-11  of the insured shall be submitted to arbitration on the request of
   5-12  either party in accordance with this article.
   5-13        (b)  Each party shall select an arbitrator.  The two
   5-14  arbitrators selected by the parties shall select a third
   5-15  arbitrator.
   5-16        (c)  A written decision signed by any two arbitrators is
   5-17  binding on each party to the dispute.
   5-18        Art. 26.05.  USE OF MOTOR VEHICLE.  (a)  For the purposes of
   5-19  this chapter, a person is using a motor vehicle if the person is
   5-20  operating or occupying the vehicle.
   5-21        (b)  For the purposes of this chapter, a person is not using
   5-22  a motor vehicle if the person is not occupying the vehicle and the
   5-23  person is:
   5-24              (1)  manufacturing the vehicle;
   5-25              (2)  selling the vehicle;
   5-26              (3)  loading or unloading the vehicle; or
   5-27              (4)  maintaining the vehicle, including repairing,
    6-1  servicing, or washing the vehicle.
    6-2        Art. 26.06.  UNITED STATES AS OWNER.  This chapter does not
    6-3  apply to the United States as an owner of a motor vehicle except
    6-4  with respect to motor vehicles for which the United States has
    6-5  elected to provide insurance.
    6-6        Art. 26.07.  DISCOVERY.  In any dispute between a claimant
    6-7  and an insurer regarding discovery of facts about an injured
    6-8  person, a court of record may enter an order for discovery as
    6-9  justice requires, unless the dispute is referred to arbitration
   6-10  under Article 26.04 of this code.
   6-11        Art. 26.08.  DECLARATORY JUDGMENT.  (a)  The validity of this
   6-12  chapter or any part of this chapter may be determined in an action
   6-13  for declaratory judgment in a district court in Travis County under
   6-14  Chapter 37, Civil Practice and Remedies Code.
   6-15        (b)  An appeal of a declaratory judgment, including an appeal
   6-16  to the supreme court, holding this chapter or a portion of this
   6-17  chapter valid or invalid under the state or federal constitution is
   6-18  an accelerated appeal governed by Rule 42, Texas Rules of Appellate
   6-19  Procedure.
   6-20        Art. 26.09.  STATUTORY REFERENCES.  A reference in this
   6-21  chapter to a statutory provision applies to all reenactments,
   6-22  revisions, or amendments of that statutory provision.
   6-23             SUBCHAPTER B.  PERSONAL COMPENSATION COVERAGE
   6-24        Art. 26.21.  PERSONAL COMPENSATION COVERAGE REQUIRED.  A
   6-25  motor vehicle insurance policy delivered, issued for delivery, or
   6-26  renewed in this state must provide coverage that complies with
   6-27  Article 26.31 of this code.
    7-1        Art. 26.22.  BENEFITS PAYABLE WITHOUT REGARD TO FAULT.  A
    7-2  benefit under personal compensation coverage is payable without
    7-3  regard to the fault of the personal compensation insured in the
    7-4  accident that caused the injury.
    7-5        Art. 26.23.  OUT-OF-STATE CLAIMS AND COVERAGE.  (a)  A motor
    7-6  vehicle insurance policy must provide personal compensation
    7-7  coverage for the accidental injury of a personal compensation
    7-8  insured that is sustained within the United States, the territories
    7-9  or possessions of the United States, or Canada.
   7-10        (b)  If a motor vehicle covered under a motor vehicle
   7-11  insurance policy is in an accident in another jurisdiction, the
   7-12  policy must provide at least the minimum amount of insurance
   7-13  coverage required by the laws of that jurisdiction.
   7-14        (c)  A motor vehicle insurer transacting business in this
   7-15  state must file with the commissioner, as a condition of its
   7-16  continued transaction of business in this state, a form approved by
   7-17  the commissioner stating that any contract of primary motor vehicle
   7-18  insurance, wherever issued, covering the use of a motor vehicle
   7-19  while the motor vehicle is in this state, provides personal
   7-20  compensation and minimum bodily injury and property damage
   7-21  liability insurance at levels required by the law of this state.  A
   7-22  nonadmitted insurer may also file this form.
   7-23                        SUBCHAPTER C.  COVERAGE
   7-24        Art. 26.31.  PERSONAL COMPENSATION BENEFITS, DEATH BENEFIT,
   7-25  AND LIABILITY COVERAGE.  (a)  A motor vehicle insurance policy must
   7-26  provide at least $20,000 in first party personal compensation
   7-27  benefits for each covered person in any one accident.  Benefits
    8-1  under this subsection include the following benefits for loss
    8-2  resulting from accidental injury to a personal compensation
    8-3  insured:
    8-4              (1)  medical expenses, subject to a deductible of $250
    8-5  per person for claims of the named insured and of a resident
    8-6  relative of the named insured;
    8-7              (2)  loss of income from work as computed under Article
    8-8  26.40 of this code, not to exceed $200 per week; and
    8-9              (3)  replacement services loss, not to exceed $100 per
   8-10  week.
   8-11        (b)  A motor vehicle policy must provide a death benefit in
   8-12  the amount of $5,000 for the death of a person entitled to first
   8-13  party benefits under this subchapter.  The death benefit required
   8-14  by this subsection is in addition to first party benefits payable
   8-15  as a result of the use of the motor vehicle and is payable to the
   8-16  estate of the deceased.
   8-17        Art. 26.32.  OTHER COVERAGE.  (a)  A motor vehicle insurer
   8-18  may make available personal compensation insurance that provides
   8-19  benefits in addition to and different from the benefits described
   8-20  by Article 26.31(a) of this code.
   8-21        (b)  Subject to approval by the commissioner, a motor vehicle
   8-22  insurer may make available personal compensation coverage without a
   8-23  deductible or subject to a reasonable deductible different from the
   8-24  deductible required under Article 26.31(a) of this code.
   8-25        Art. 26.33.  COVERED PERSONS.  Personal compensation coverage
   8-26  provides benefits for:
   8-27              (1)  any person identified by name as an insured under
    9-1  the personal compensation insurance policy;
    9-2              (2)  any resident relative of the first person
    9-3  identified by name as an insured under the policy; and
    9-4              (3)  any person who sustains an accidental injury in
    9-5  this state:
    9-6                    (A)  while occupying a motor vehicle insured by
    9-7  the policy; or
    9-8                    (B)  through being struck by a motor vehicle
    9-9  insured by the policy.
   9-10        Art. 26.34.  PERSONS EXCLUDED FROM COVERAGE.  (a)  Except as
   9-11  provided by Subsection (b) of this article, a motor vehicle
   9-12  insurance policy may not provide personal compensation coverage for
   9-13  a person who is injured while:
   9-14              (1)  committing a felony;
   9-15              (2)  voluntarily using a motor vehicle that the injured
   9-16  person knows is stolen;
   9-17              (3)  driving while intoxicated;
   9-18              (4)  using a motor vehicle owned by, or furnished or
   9-19  available for the regular use of, the injured person or the injured
   9-20  person's resident relative, if the motor vehicle is not described
   9-21  in the policy under which a claim is made and is not a newly
   9-22  acquired or replacement motor vehicle covered under the terms of
   9-23  the policy;
   9-24              (5)  using a motor vehicle that is not covered by motor
   9-25  vehicle insurance that meets the requirements of the Texas Motor
   9-26  Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
   9-27  Civil Statutes), if the injured person is not a named insured or a
   10-1  resident relative of a named insured; or
   10-2              (6)  guilty of intentional misconduct.
   10-3        (b)  A motor vehicle insurance policy may include personal
   10-4  compensation coverage for a person mentioned in this article only
   10-5  if language clearly manifesting an intent to provide that coverage
   10-6  is included in the policy.
   10-7        (c)  In this article:
   10-8              (1)  "Intentional misconduct" means an act or omission
   10-9  by an injured person that causes or substantially contributes to
  10-10  harm and that the actor commits for the purpose of causing harm or
  10-11  knowing that harm is substantially certain to follow.  An act or
  10-12  omission is not intentional misconduct:
  10-13                    (A)  solely because the act was intentional or
  10-14  committed with the knowledge that the act creates a grave risk of
  10-15  causing harm; or
  10-16                    (B)  if committed for the purpose of averting
  10-17  bodily harm to any person.
  10-18              (2)  "Intoxicated" has the meaning assigned by Article
  10-19  6701l-1, Revised Statutes.
  10-20        (d)  For purposes of this article, if a peace officer
  10-21  requests that an injured person submit to a test of blood, breath,
  10-22  or urine in connection with the accident, the person shall be
  10-23  considered to have been driving while intoxicated at the time of
  10-24  the accident if the person:
  10-25              (1)  refuses to submit to the test;
  10-26              (2)  does not submit to the test and does not expressly
  10-27  agree to submit to the test; or
   11-1              (3)  refuses to complete the test.
   11-2        Art. 26.35.  MEDICAL EXPENSE BENEFIT PAYMENT LIMITS.  (a)  A
   11-3  person may not require, request, or accept a payment for a
   11-4  treatment, accommodation, product, or service for an injured person
   11-5  who is a personal compensation insured if the amount of the payment
   11-6  exceeds the amount authorized by this article.
   11-7        (b)  Payment for a treatment, accommodation, product, or
   11-8  service may not exceed the lesser of:
   11-9              (1)  the provider's usual and customary charge; or
  11-10              (2)  110 percent of the fee schedule, prevailing
  11-11  charge, recommended fee, inflation index charge, or
  11-12  diagnostic-related groups payment that applies to the particular
  11-13  specialty service and that was determined to be applicable in this
  11-14  state under the Medicare program created under Part A and Part B,
  11-15  Title XVII, Social Security Act (42 U.S.C. Section 1395 et seq.)
  11-16  for comparable treatments, accommodations, products, or services at
  11-17  the time and place the treatments, accommodations, products, or
  11-18  services were provided.
  11-19        (c)  If a fee schedule, prevailing charge, recommended fee,
  11-20  inflation index charge, or diagnostic-related groups payment has
  11-21  not been computed under the Medicare program for a treatment,
  11-22  accommodation, product, or service, the amount of the payment may
  11-23  not exceed 80 percent of the provider's usual and customary charge
  11-24  for that treatment, accommodation, product, or service.
  11-25        (d)  This article does not require payment of pass through
  11-26  costs.
  11-27        Art. 26.36.  PAYMENT FOR PRIVATE ROOM EXCLUDED.  The medical
   12-1  expense benefit under personal compensation coverage does not
   12-2  include any portion of a charge for a room in a hospital, clinic,
   12-3  convalescent or nursing home, extended care facility, or any
   12-4  similar facility in excess of the reasonable and customary charge
   12-5  for semi-private accommodations, unless a private accommodation is
   12-6  determined to be medically required.
   12-7        Art. 26.37.  PAYMENT FOR EXPERIMENTAL TREATMENT, SERVICE,
   12-8  PRODUCT, OR PROCEDURE EXCLUDED.  The medical expense benefit under
   12-9  personal compensation coverage does not include payment for a
  12-10  treatment, service, product, or procedure that is:
  12-11              (1)  experimental in nature;
  12-12              (2)  for research or not primarily designed to serve a
  12-13  medical purpose; or
  12-14              (3)  not commonly and customarily recognized throughout
  12-15  the medical profession and within the United States as appropriate
  12-16  for treatment of the injury.
  12-17        Art. 26.38.  MEDICAL EXPENSE BENEFIT; LIMITATION.  The
  12-18  medical expense benefit under personal compensation coverage is not
  12-19  payable for medical expenses that accrue after the second
  12-20  anniversary of the date of the accident.
  12-21        Art. 26.39.  REVIEW OF MEDICAL EXPENSES.  A motor vehicle
  12-22  insurer may review medical expenses prior to, during, and after the
  12-23  course of treatment of an injured person to ensure that the
  12-24  expenses are reasonable and necessary.
  12-25        Art. 26.40.  COMPUTATION OF LOSS OF INCOME BENEFIT;
  12-26  LIMITATION.  (a)  The benefit for loss of income from work under
  12-27  personal compensation coverage is equal to 80 percent of the amount
   13-1  of income the injured person would have earned through work during
   13-2  the period of disability, less:
   13-3              (1)  income from substitute work actually performed by
   13-4  the injured person; or
   13-5              (2)  income the injured person would have earned in
   13-6  available appropriate substitute work which the injured person was
   13-7  capable of performing but unreasonably failed to undertake.
   13-8        (b)  The loss of income from work benefit does not include
   13-9  loss that accrues after the death of the injured person.
  13-10        (c)  The loss of income from work benefit is not payable
  13-11  after the second anniversary of the date of the accident.
  13-12        Art. 26.41.  REPLACEMENT SERVICES BENEFIT; LIMITATION.  (a)
  13-13  An injured person is not entitled to the benefit for replacement
  13-14  services under compensation coverage during a period in which the
  13-15  person is receiving the benefit for loss of income from work.
  13-16        (b)  The replacement services benefit does not include loss
  13-17  that accrues after the death of the injured person.
  13-18        (c)  The replacement services benefit is not payable for loss
  13-19  that accrues after the second anniversary of the date of the
  13-20  accident.
  13-21        Art. 26.42.  DEATH BENEFIT; LIMITATION.  A death benefit
  13-22  under personal compensation coverage may be paid only if the death
  13-23  of an injured person occurs before the first anniversary of an
  13-24  accidental injury that directly and proximately caused the death.
  13-25       SUBCHAPTER D.  PAYMENT OF PERSONAL COMPENSATION BENEFITS
  13-26        Art. 26.51.  PROMPT PAYMENT OF CLAIMS.  Article 21.55 of this
  13-27  code applies to payment of claims under this chapter.
   14-1        Art. 26.52.  PERSONS TO WHOM PAYMENT IS MADE.  A motor
   14-2  vehicle insurer shall pay personal compensation benefits, at the
   14-3  option of the insurer, to:
   14-4              (1)  the injured person;
   14-5              (2)  the parent or guardian of the injured person, if
   14-6  the injured person is a minor or is incompetent;
   14-7              (3)  a dependent, executor, or administrator of an
   14-8  injured person who is deceased; or
   14-9              (4)  the person or organization rendering the services
  14-10  for which payment is due.
  14-11        Art. 26.53.  VERIFICATION OF ENTITLEMENT TO BENEFITS;
  14-12  EMPLOYER'S REPORT.  (a)  On request of an insurer providing
  14-13  benefits under this chapter, an employer shall furnish pertinent
  14-14  information regarding an employee who has filed a claim for
  14-15  personal compensation benefits.
  14-16        (b)  Information provided under this article shall be
  14-17  provided on a form approved by the commissioner.
  14-18        Art. 26.54.  VERIFICATION OF ENTITLEMENT TO BENEFITS; MEDICAL
  14-19  REPORT; ACCESS TO MEDICAL DOCUMENTS.  (a)  On the request of an
  14-20  insurer providing benefits under this chapter, a physician,
  14-21  hospital, clinic, or other health care provider that, before or
  14-22  after an accidental injury for which a claim is made, provides
  14-23  products, services, treatments, procedures, or accommodations to
  14-24  the injured person in relation to any injury, or in relation to a
  14-25  condition that the injured person claims is connected with the
  14-26  injury, shall furnish a written report to the insurer in accordance
  14-27  with this article.
   15-1        (b)  A report made under this article must include the
   15-2  injured person's medical history, condition, and treatment, and the
   15-3  dates and costs of the treatment.
   15-4        (c)  A report made under this article must be accompanied by
   15-5  a statement, executed under penalty of perjury, indicating, to the
   15-6  best of the knowledge and belief of the person executing the
   15-7  statement, whether the treatment or services rendered for the
   15-8  accidental injury were reasonable and necessary for the injury and
   15-9  identifying the portion of the expenses for the treatment or
  15-10  services that was incurred as a result of the accidental injury.
  15-11        (d)  A physician, hospital, clinic, or other health care
  15-12  provider shall promptly produce and permit the inspection and
  15-13  copying of its records regarding the injured person's history,
  15-14  condition, and treatment, and the dates and costs of treatment or
  15-15  services.
  15-16        (e)  A person may not bring a cause of action against a
  15-17  physician, hospital, clinic, or other health care provider for
  15-18  complying with the provisions of this article.  Section 5.08,
  15-19  Medical Practice Act (Article 4495b, Vernon's Texas Civil
  15-20  Statutes), does not apply to information provided under this
  15-21  article.
  15-22        (f)  An insurer requesting a report or record under this
  15-23  article shall pay all reasonable costs connected with providing the
  15-24  report or record.
  15-25        (g)  This article does not authorize the disclosure of
  15-26  information that is confidential under federal law.
  15-27         SUBCHAPTER E.  COORDINATION OF COVERAGE AND BENEFITS
   16-1        Art. 26.61.  PRIORITY FOR PAYMENT OF BENEFITS.  (a)  A person
   16-2  who is entitled to personal compensation benefits is entitled to at
   16-3  least the personal compensation coverage under a policy in which
   16-4  the person is a named insured or the resident relative of a named
   16-5  insured.  The motor vehicle insurer shall pay personal compensation
   16-6  benefits for the claims of the named insured or a resident relative
   16-7  of the named insured before paying other claims arising from an
   16-8  accident.
   16-9        (b)  If the limits of the personal compensation benefits for
  16-10  the accident are not exhausted after payment of claims under
  16-11  Subsection (a) of this article, the insurer shall pay personal
  16-12  compensation benefits for the claims of other personal compensation
  16-13  insureds.
  16-14        (c)  If more than one motor vehicle insurer is obligated to
  16-15  pay personal compensation benefits, the insurer against whom the
  16-16  claim is first made shall pay the claim.  That insurer may recover
  16-17  a pro rata contribution for the payment and processing of the claim
  16-18  from any other motor vehicle insurer obligated to pay the benefits.
  16-19  In recovering a contribution under this subsection, the insurer has
  16-20  the same priority as the injured person would have had under this
  16-21  article.
  16-22        Art. 26.62.  PARKED VEHICLES; EXCLUSION.  For purposes of
  16-23  determining whether a motor vehicle insurance policy provides
  16-24  coverage for a personal compensation insured other than the named
  16-25  insured or a resident relative of a named insured for a particular
  16-26  accident, a motor vehicle described by the policy is not involved
  16-27  in the accident if the vehicle is parked and unoccupied during the
   17-1  accident, unless the manner in which the vehicle is parked causes
   17-2  an unreasonable risk of injury.
   17-3        Art. 26.63.  MULTIPLE COVERAGES.  (a)  The policy limit for a
   17-4  coverage or benefit under a personal compensation insurance policy
   17-5  may not be added to, combined with, or otherwise stacked on the
   17-6  policy limit for any other coverage or benefit provided under that
   17-7  policy or another policy to determine the total limit of coverage
   17-8  available to an injured person for an accident.  This subsection
   17-9  applies notwithstanding the number of:
  17-10              (1)  motor vehicles involved in the accident;
  17-11              (2)  personal compensation insureds;
  17-12              (3)  claims made for the accident;
  17-13              (4)  motor vehicles or premiums shown on the policies;
  17-14  or
  17-15              (5)  premiums paid.
  17-16        (b)  A policy may provide that if two or more policies apply
  17-17  to the same accident, the highest policy limit for a coverage or
  17-18  benefit applicable to the accident is the policy limit for that
  17-19  coverage or benefit in the policy that provides the highest limit
  17-20  for that coverage or benefit.
  17-21        Art. 26.64.  COLLATERAL SOURCES OF BENEFITS.  (a)  A motor
  17-22  vehicle insurer shall pay personal compensation benefits to a
  17-23  personal compensation insured, notwithstanding coverage other than
  17-24  personal compensation coverage that provides benefits for the same
  17-25  injury, except as provided by Subsection (b) of this article.
  17-26        (b)  The amount of personal compensation benefits is reduced
  17-27  by the amount of a benefit paid under the Texas Workers'
   18-1  Compensation Act (Article 8308-1.01 et seq., Vernon's Texas Civil
   18-2  Statutes) or under Chapter 502, Acts of the 45th Legislature,
   18-3  Regular Session, 1937 (Article 6674s, Vernon's Texas Civil
   18-4  Statutes), Chapter 229, Acts of the 50th Legislature, Regular
   18-5  Session, 1947 (Article 8309b, Vernon's Texas Civil Statutes), or
   18-6  Chapter 310, Acts of the 52nd Legislature, Regular Session, 1951
   18-7  (Article 8309d, Vernon's Texas Civil Statutes).
   18-8        (c)  Except as provided by Subsection (b) of this article,
   18-9  coverage other than personal compensation coverage is excess
  18-10  coverage for any accidental injury covered by a personal
  18-11  compensation insurance policy.
  18-12                    SUBCHAPTER F.  COST CONTAINMENT
  18-13        Art. 26.71.  MANAGED CARE.  (a)  Except as provided by
  18-14  Subsection (b) of this article, a motor vehicle insurer may use a
  18-15  managed care system to pay for medical expense benefits or may
  18-16  require a personal compensation insured to obtain health care
  18-17  through a managed care system designed by the insurer if:
  18-18              (1)  the commissioner approves the use of the managed
  18-19  care system;
  18-20              (2)  the named insured elected to be subject to a
  18-21  managed care system at the time the policy was purchased; and
  18-22              (3)  the policy premium is reduced in accordance with
  18-23  rules adopted by the board.
  18-24        (b)  A motor vehicle insurer may not require a personal
  18-25  compensation insured other than the named insured or a resident
  18-26  relative of the named insured to obtain health care through a
  18-27  managed care system.
   19-1        (c)  For purposes of this article, "managed care system"
   19-2  includes a health maintenance or preferred provider organization.
   19-3        Art. 26.72.  PEER REVIEW OF HEALTH CARE.  Each motor vehicle
   19-4  insurer may contract with a peer review organization to evaluate
   19-5  treatments, accommodations, products, and services provided to
   19-6  injured persons to confirm that the treatments, accommodations,
   19-7  products, and services conform to professional standards of
   19-8  performance, are medically necessary, and that payments made for
   19-9  the treatment, accommodations, products, or services conform to
  19-10  this chapter.
  19-11        Art. 26.73.  SAFETY EQUIPMENT.  Each motor vehicle insurer
  19-12  may adopt an actuarially sound program that provides incentives, in
  19-13  the form of increased benefits, reduced premiums, or other means,
  19-14  for insureds to install, maintain, and use injury reducing devices,
  19-15  including seat and harness belts, air bags, and child restraint
  19-16  systems.
  19-17          SUBCHAPTER G.  RIGHTS AND DUTIES OF PERSONAL COMPENSATION
  19-18                               INSUREDS
  19-19        Art. 26.81.  ASSIGNMENT OR GARNISHMENT OF PERSONAL
  19-20  COMPENSATION BENEFITS.  (a)  Personal compensation benefits, other
  19-21  than those for medical expenses, are exempt from garnishment,
  19-22  attachment, execution, and any other process or claim to the same
  19-23  extent that wages or earnings are exempt under law.
  19-24        (b)  An agreement to assign a right to a personal
  19-25  compensation benefit, other than a medical benefit, that is payable
  19-26  in the future is unenforceable except to the extent that:
  19-27              (1)  the assignment compensates the assignee for a
   20-1  product, service, or accommodation provided or to be provided by
   20-2  the assignee; or
   20-3              (2)  the assignment is of benefits for loss of income
   20-4  from work or replacement services and is assigned to pay alimony,
   20-5  spousal maintenance, or child support.
   20-6        Art. 26.82.  CANCELLATION, NONRENEWAL, OR PREMIUM INCREASE
   20-7  FOLLOWING CLAIM.  (a)  A motor vehicle insurer may not cancel,
   20-8  refuse to renew, or increase the premium for a personal
   20-9  compensation insurance policy because of a claim for personal
  20-10  compensation benefits if a personal compensation insured was not at
  20-11  fault in the accident from which the claim arose.
  20-12        (b)  A person may not bring a civil action for equitable
  20-13  relief from or civil damages for a violation of this article.
  20-14        Art. 26.83.  ACTION FOR BENEFITS.  Unless arbitration is
  20-15  elected under Article 26.04 of this code, a person must bring an
  20-16  action against a motor vehicle insurer for unpaid personal
  20-17  compensation benefits:
  20-18              (1)  not later than the second anniversary of the date
  20-19  that the accidental injury occurred; or
  20-20              (2)  if some benefits have been paid, not later than
  20-21  the second anniversary of the date of the last payment of benefits.
  20-22        Art. 26.84.  MENTAL AND PHYSICAL EXAMINATIONS.  (a)  If the
  20-23  mental or physical condition of an injured person is material to a
  20-24  claim that has been made or may be made for personal compensation
  20-25  benefits, the injured person shall submit to reasonable mental or
  20-26  physical examinations by a physician or physicians designated by
  20-27  the motor vehicle insurer at a reasonably convenient time and
   21-1  location, subject to regulations adopted by the commissioner.
   21-2        (b)  A personal compensation insurance policy may include a
   21-3  provision stating the substance of Subsection (a) of this article.
   21-4        Art. 26.85.  MEDICAL OR REHABILITATION SERVICES.  A motor
   21-5  vehicle insurer may suspend payment of future benefits to an
   21-6  injured person if:
   21-7              (1)  the insurer has requested that the person submit
   21-8  to medical or rehabilitation services; and
   21-9              (2)  the person unreasonably refuses to submit to the
  21-10  services.
  21-11                   SUBCHAPTER H.  FRAUDULENT CLAIMS
  21-12        Art. 26.91.  FRAUDULENT CLAIMS.  A person may not:
  21-13              (1)  present or cause to be presented, or conspire to
  21-14  present or cause to be presented, a statement in connection with a
  21-15  claim for a personal compensation benefit that the person knows
  21-16  contains false, incomplete, or misleading information concerning a
  21-17  matter that is material to the claim; or
  21-18              (2)  prepare or make a statement that the person
  21-19  intends to be presented to another person in connection with a
  21-20  claim for a personal compensation benefit that the person knows
  21-21  contains false, incomplete, or misleading information concerning a
  21-22  matter that is material to the claim.
  21-23        Art. 26.92.  CRIMINAL OFFENSE.  (a)  A person commits an
  21-24  offense if the person violates Article 26.91 of this code with the
  21-25  intent to injure, defraud, or deceive another person.
  21-26        (b)  An offense under this article is punishable by a fine of
  21-27  not more than $10,000.
   22-1        Art. 26.93.  CIVIL RECOVERY.  (a)  A person who has been
   22-2  injured by a violation of Article 26.91 of this code may bring an
   22-3  action to recover damages against the person who committed the
   22-4  violation.
   22-5        (b)  If a person violates Article 26.91 of this code with the
   22-6  intent to injure, defraud, or deceive another person, a person who
   22-7  has been injured by the violation may recover:
   22-8              (1)  actual damages;
   22-9              (2)  a penalty not to exceed twice the amount of actual
  22-10  damages; and
  22-11              (3)  costs and attorney's fees incurred in bringing the
  22-12  action.
  22-13                     SUBCHAPTER I.  TORT LIABILITY
  22-14        Art. 26.101.  TORT ACTION LIMITED.  (a)  Except as provided
  22-15  by this subchapter, a person may not recover damages for an
  22-16  accidental injury arising, in whole or in part, out of the use of a
  22-17  motor vehicle in this state.
  22-18        (b)  Except as provided by this subchapter, any person
  22-19  involved in a motor vehicle accident in this state is subject to
  22-20  the tort and liability limitations of this subchapter.
  22-21        (c)  This subchapter applies only to a claim for damages for
  22-22  economic or noneconomic loss resulting from an accidental injury
  22-23  caused by the negligent conduct or intentional misconduct of
  22-24  another person, including a claim for loss of consortium or
  22-25  companionship and any other claim brought by a person other than
  22-26  the injured person.
  22-27        (d)  This subchapter applies to a claim made against a person
   23-1  who, in the absence of this subchapter, would be vicariously liable
   23-2  for the negligent conduct or intentional misconduct of another
   23-3  person.
   23-4        Art. 26.102.  OWNER OF UNINSURED MOTOR VEHICLE.
   23-5  Notwithstanding Articles 26.103 and 26.104 of this code, the owner
   23-6  of an uninsured motor vehicle may not recover damages for loss
   23-7  arising out of the use of the vehicle if personal compensation
   23-8  benefits would have been provided had the owner complied with the
   23-9  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
  23-10  Vernon's Texas Civil Statutes).
  23-11        Art. 26.103.  UNCOMPENSATED ECONOMIC LOSS.  (a)  A person may
  23-12  bring a cause of action to recover damages for uncompensated
  23-13  economic loss arising, in whole or in part, out of the use of a
  23-14  motor vehicle.
  23-15        (b)  In this article, "uncompensated economic loss" means the
  23-16  portion of economic loss arising out of an accidental injury that
  23-17  exceeds the sum of the personal compensation benefits that the
  23-18  injured person is entitled to receive and benefits paid by persons
  23-19  who are collateral sources for the purposes of Article 26.64 of
  23-20  this code.  The term does not include the amount of any deductible
  23-21  under a personal compensation insurance policy.
  23-22        Art. 26.104.  MISCONDUCT.  (a)  A person may bring a cause of
  23-23  action to recover damages for accidental injury against a person
  23-24  who:
  23-25              (1)  caused the injury; and
  23-26              (2)  is convicted, in connection with the accident, of
  23-27  a felony or an offense under Article 6701l-1, Revised Statutes, or
   24-1  under Section 19.05(a)(2), Penal Code.
   24-2        (b)  A person who provides personal compensation benefits or
   24-3  provides benefits as a collateral source under Article 26.64 of
   24-4  this code is subrogated to the claim of the injured person against
   24-5  the convicted person.
   24-6        (c)  An insurance policy, including a policy that provides
   24-7  liability coverage or uninsured motorist insurance, may not provide
   24-8  liability coverage for damages recovered under this article.
   24-9        Art. 26.105.  SERIOUS INJURY.  (a)  A person may bring a
  24-10  cause of action for a serious injury arising, in whole or in part,
  24-11  out of the use of a motor vehicle.
  24-12        (b)  In an action in which the defendant contends that the
  24-13  injured person's injury is not a serious injury, either party may
  24-14  file a motion seeking summary judgment on that issue.  If there is
  24-15  not a material issue of fact regarding the nature of the injury or
  24-16  its effect on the injured person, the court shall decide whether
  24-17  the injury is a serious injury and shall render summary judgment.
  24-18        (c)  The trial of any case in which a motion is filed under
  24-19  Subsection (b) of this article may not begin until the 30th day
  24-20  after the date on which the court makes a determination on the
  24-21  motion.  The court shall order a continuance of the case if
  24-22  necessary to comply with this subsection.
  24-23        (d)  If the court renders summary judgment on a motion filed
  24-24  under Subsection (b) of this article and finds that the party
  24-25  against whom judgment is rendered did not have a reasonable basis
  24-26  for its position, the court shall assess against that party
  24-27  reasonable costs and attorney's fees, based on actual time,
   25-1  incurred by the prevailing party to obtain the judgment.
   25-2        (e)  On motion of the defendant in an action tried to a jury
   25-3  in which there is a material issue of fact as to whether the
   25-4  injured person's injury is a serious injury, that issue shall be
   25-5  separately tried and other evidence as to the plaintiff's
   25-6  noneconomic loss may not be presented to the jury until that issue
   25-7  has been resolved.  After resolution of that issue, the amount of
   25-8  the injured person's noneconomic loss may be tried before the same
   25-9  jury or a different jury, as the court may in its discretion
  25-10  decide.
  25-11        (f)  In this article:
  25-12              (1)  "Defendant" means a person from whom damages are
  25-13  sought for an accidental injury arising, in whole or in part, out
  25-14  of the use of a motor vehicle, including a counterdefendant,
  25-15  cross-defendant, or third-party defendant.
  25-16              (2)  "Serious injury" means an accidental injury that
  25-17  results in death, dismemberment, a significant and permanent loss
  25-18  of an important body function caused by a continuing physical
  25-19  injury, or significant and permanent disfigurement that is usually
  25-20  visible while the injured person is clothed.  The term does not
  25-21  include a soft tissue injury.
  25-22        Art. 26.106.  INSURER'S RIGHT OF SUBROGATION.  (a)  A motor
  25-23  vehicle insurer does not have a right to subrogation for personal
  25-24  compensation benefits except as provided by this article and
  25-25  Article 26.104 of this code.
  25-26        (b)  A motor vehicle insurer is subrogated, to the extent of
  25-27  its obligation to pay personal compensation benefits, to a personal
   26-1  compensation insured's rights under Article 26.104 of this code and
   26-2  against any person who is not affected by the limitations on tort
   26-3  rights and liabilities under this subchapter.
   26-4        Art. 26.107.  EFFECT OF CLAIM FOR DAMAGES ON PAYMENT OF
   26-5  COMPENSATION BENEFITS.  (a)  Except as provided by this article, a
   26-6  motor vehicle insurer shall pay personal compensation due
   26-7  regardless of the value of a claim for damages for the accidental
   26-8  injury.
   26-9        (b)  After recovery under a claim for damages is realized, a
  26-10  motor vehicle insurer may subtract the amount of the net recovery
  26-11  from the total amount of personal compensation to be paid.
  26-12        (c)  If payment under the personal compensation insurance
  26-13  policy has already been made, the recipient of the payment shall
  26-14  repay to the insurer an amount equal to the payment received, not
  26-15  to exceed the amount of the net recovery.  The insurer has a lien
  26-16  on the recovery to the extent of the amount owed to the insurer
  26-17  under this subsection.
  26-18        (d)  If the amount of the recovery exceeds the amount of
  26-19  personal compensation benefits paid or owed by the insurer at the
  26-20  time of the recovery, but the insurer is obligated to pay personal
  26-21  compensation benefits in the future, the remaining amount of the
  26-22  net recovery shall be subtracted from the benefits to be paid as
  26-23  they become due until the amount of the recovery is exhausted.  The
  26-24  insurer shall reinstate payment of benefits at the time the amount
  26-25  of the recovery is exhausted.
  26-26        (e)  In this article, "net recovery" means the amount
  26-27  recovered under the claim for damages, less reasonable attorney's
   27-1  fees and other reasonable expenses incurred in obtaining the
   27-2  recovery.
   27-3        SECTION 2.  Articles 5.01(b) and (e), Insurance Code, are
   27-4  amended to read as follows:
   27-5        (b)  The Board shall have the sole and exclusive power and
   27-6  authority, and it shall be its duty to determine, fix, prescribe,
   27-7  and promulgate just, reasonable and adequate rates of premiums to
   27-8  be charged and collected by all insurers writing any form of
   27-9  insurance on motor vehicles in this State, including insurance
  27-10  providing personal compensation coverage under Chapter 26 of this
  27-11  code and its subsequent amendments, fleet or other rating plans
  27-12  designed to discourage losses from fire and theft and similar
  27-13  hazards, and any rating plans designed to encourage the prevention
  27-14  of accidents.  In promulgating any such rating plans the Board
  27-15  shall give due consideration to the peculiar hazards and experience
  27-16  of individual risks, past and prospective, within and outside the
  27-17  State and to all other relevant factors, within and outside the
  27-18  State.  The Board shall have the authority also to alter or amend
  27-19  any and all of such rates of premiums so fixed and determined and
  27-20  adopted by it, and to raise or lower the same or any part thereof.
  27-21        (e)  Motor vehicle or automobile insurance as referred to in
  27-22  this subchapter shall be taken and construed to mean insurance
  27-23  providing personal compensation coverage under Chapter 26 of this
  27-24  code and its subsequent amendments and every form of insurance on
  27-25  any automobile or other vehicle hereinafter enumerated and its
  27-26  operating equipment or necessitated by reason of the liability
  27-27  imposed by law for damages arising out of the ownership, operation,
   28-1  maintenance, or use in this State of any automobile, motorcycle,
   28-2  motorbicycle, truck, truck-tractor, tractor, traction engine, or
   28-3  any other self-propelled vehicle, and including also every vehicle,
   28-4  trailer or semi-trailer pulled or towed by a motor vehicle, but
   28-5  excluding every motor vehicle running only upon fixed rails or
   28-6  tracks.  Workers' Compensation Insurance is excluded from the
   28-7  foregoing definition.
   28-8        SECTION 3.  Article 5.06(1), Insurance Code, is amended to
   28-9  read as follows:
  28-10        (1)  The Board shall adopt a policy form and endorsements for
  28-11  each type of motor vehicle insurance subject to this subchapter.
  28-12  The coverage provided by a policy form adopted under this
  28-13  subsection is the minimum coverage that may be provided under an
  28-14  insurance policy for that type of insurance in this State.  <Each
  28-15  policy form must provide the coverages mandated under Articles
  28-16  5.06-1 and 5.06-3 of this code, except that the coverages may be
  28-17  rejected by the named insured as provided by those articles.>
  28-18        SECTION 4.  Article 5.06-6, Insurance Code, is amended to
  28-19  read as follows:
  28-20        Art. 5.06-6.  COVERAGES FOR SPOUSES AND FORMER SPOUSES.  A
  28-21  personal automobile policy or any similar policy form adopted or
  28-22  approved by the State Board of Insurance under Article 5.06 of this
  28-23  code and its subsequent amendments that provides coverage for an
  28-24  injury <covers liability> arising out of ownership, maintenance, or
  28-25  use of a motor vehicle of a spouse, who is otherwise insured by the
  28-26  policy, shall contain a provision to continue coverage for the
  28-27  spouse during a period of separation in contemplation of divorce.
   29-1        SECTION 5.  Section 1(a), Article 5.101, Insurance Code, is
   29-2  amended to read as follows:
   29-3        (a)  The pilot program on flexible rating is created to help
   29-4  stabilize the rates charged for insurance in all lines of <property
   29-5  and casualty> insurance covered by Subchapters A through L of this
   29-6  chapter, except ocean marine insurance, inland marine insurance,
   29-7  fidelity, surety and guaranty bond insurance, errors and omissions
   29-8  insurance, directors' and officers' liability insurance, general
   29-9  liability insurance, commercial property insurance, workers'
  29-10  compensation insurance, professional liability insurance for
  29-11  physicians and health care providers as defined in Article 5.15-1
  29-12  of this code, and attorney's professional liability insurance.
  29-13        SECTION 6.  Section 1, Texas Motor Vehicle
  29-14  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  29-15  Statutes), is amended to read as follows:
  29-16        Sec. 1.  The following words and phrases, when used in this
  29-17  Act, shall, for the purposes of this Act, have the meanings
  29-18  respectively ascribed to them in this section, except in those
  29-19  instances where the context clearly indicates a different meaning:
  29-20              1.  "Highway" means the entire width between property
  29-21  lines of any road, street, way, thoroughfare, or bridge in the
  29-22  State of Texas not privately owned or controlled, when any part
  29-23  thereof is open to the public for vehicular traffic and over which
  29-24  the State has legislative jurisdiction under its police power.
  29-25              2.  "Judgment"--Any judgment which shall have become
  29-26  final by expiration without appeal of the time within which an
  29-27  appeal might have been perfected, or by final affirmation on
   30-1  appeal, rendered by a court of competent jurisdiction of any state
   30-2  or of the United States, upon a cause of action arising out of the
   30-3  ownership, maintenance or use of any motor vehicle, for damages,
   30-4  including damages for care and loss of services, because of bodily
   30-5  injury to or death of any person, or for damages because of injury
   30-6  to or destruction of property, including the loss of use thereof,
   30-7  or upon a cause of action on an agreement of settlement for such
   30-8  damages.
   30-9              3.  "Motor Vehicle"--Every self-propelled vehicle which
  30-10  is designed for use upon a highway, including trailers and
  30-11  semitrailers designed for use with such vehicles (except traction
  30-12  engines, road rollers and graders, tractor cranes, power shovels,
  30-13  well drillers and implements of husbandry) and every vehicle which
  30-14  is propelled by electric power obtained from overhead wires but not
  30-15  operated upon rails.
  30-16              4.  "License"--Any driver's, operator's, commercial
  30-17  operator's, or chauffeur's license, temporary instruction permit or
  30-18  temporary license, or restricted license, issued under Article
  30-19  6687b, Texas Revised Civil Statutes, pertaining to the licensing of
  30-20  persons to operate motor vehicles.
  30-21              5.  "Nonresident"--Every person who is not a resident
  30-22  of the State of Texas.
  30-23              6.  "Nonresident's Operating Privilege"--The privilege
  30-24  conferred upon a nonresident by the laws of Texas pertaining to the
  30-25  operation by him of a motor vehicle, or the use of a motor vehicle
  30-26  owned by him, in the State of Texas.
  30-27              7.  "Operator"--Every person who is in actual physical
   31-1  control of a motor vehicle.
   31-2              8.  "Owner"--A person who holds the legal title of a
   31-3  motor vehicle, or in the event a motor vehicle is the subject of an
   31-4  agreement for the conditional sale or lease thereof with the right
   31-5  of purchase upon performance of the conditions stated in the
   31-6  agreement and with an immediate right of possession vested in the
   31-7  conditional vendee or lessee or in the event a mortgagor of a
   31-8  vehicle is entitled to possession, then such conditional vendee or
   31-9  lessee or mortgagor shall be deemed the owner for the purposes of
  31-10  this Act.
  31-11              9.  "Person"--Every natural person, firm,
  31-12  copartnership, association or corporation.
  31-13              10.  "Proof of Financial Responsibility" means evidence
  31-14  of compliance with or exemption from Section 1A of this Act and
  31-15  includes any document that may be furnished to a peace officer or
  31-16  person involved in an accident in compliance with Section 1B of
  31-17  this Act.<--Proof of ability to respond in damages for liability,
  31-18  on account of accidents occurring subsequent to the effective date
  31-19  of said proof, arising out of the ownership, maintenance or use of
  31-20  a motor vehicle, in the following amounts: effective January 1,
  31-21  1984, Fifteen Thousand Dollars ($15,000) because of bodily injury
  31-22  to or death of one person in any one accident, and, subject to said
  31-23  limit for one person, Thirty Thousand Dollars ($30,000) because of
  31-24  bodily injury to or death of two (2) or more persons in any one
  31-25  accident, and Fifteen Thousand Dollars ($15,000) because of injury
  31-26  to or destruction of property of others in any one accident and
  31-27  effective January 1, 1986, Twenty Thousand Dollars ($20,000)
   32-1  because of bodily injury to or death of one person in any one
   32-2  accident, and, subject to said limit for one person, Forty Thousand
   32-3  Dollars ($40,000) because of bodily injury to or death of two (2)
   32-4  or more persons in any one accident, and Fifteen Thousand Dollars
   32-5  ($15,000) because of injury to or destruction of property of others
   32-6  in any one accident.  The proof of ability to respond in damages
   32-7  may exclude the first Two Hundred Fifty Dollars ($250) of liability
   32-8  for bodily injury to or death of any one person in any one
   32-9  accident, and, subject to that exclusion for one person, may
  32-10  exclude the first Five Hundred Dollars ($500) of liability for the
  32-11  bodily injury to or death of two (2) or more persons in any one
  32-12  accident and may exclude the first Two Hundred Fifty Dollars ($250)
  32-13  of liability for the injury to or destruction of property of others
  32-14  in any one accident.>
  32-15              11.  "Registration"--Registration or license
  32-16  certificate or license receipt or dealer's license and registration
  32-17  or number plates issued under Article 6675a or Article 6686, Texas
  32-18  Revised Civil Statutes, and its subsequent amendments, pertaining
  32-19  to the registration of motor vehicles.
  32-20              12.  "Department" means the Department of Public Safety
  32-21  of the State of Texas, acting directly or through its authorized
  32-22  officers and agents, except in such sections of this Act in which
  32-23  some other State Department is specifically named.
  32-24              13.  "State"--Any state, territory or possession of the
  32-25  United States, the District of Columbia, or any province of the
  32-26  Dominion of Canada.
  32-27              14.  "Volunteer Fire Department" means a company,
   33-1  department, or association whose members receive no or nominal
   33-2  compensation and that is organized in an unincorporated area for
   33-3  the purpose of answering fire alarms and extinguishing fires or
   33-4  answering fire alarms, extinguishing fires, and providing emergency
   33-5  medical services.
   33-6        SECTION 7.  Sections 1A(a), (b), and (d), Texas Motor Vehicle
   33-7  Safety-Responsibility Act    (Article 6701h, Vernon's Texas Civil
   33-8  Statutes), are amended to read as follows:
   33-9        (a)  On and after January 1, 1982, no motor vehicle may be
  33-10  operated in this State unless a policy of motor vehicle <automobile
  33-11  liability> insurance that complies with Section 1A-1 of <in at
  33-12  least the minimum amounts to provide evidence of financial
  33-13  responsibility under> this Act is in effect to insure against
  33-14  potential losses which may arise out of the operation of that
  33-15  vehicle.
  33-16        (b)  The following vehicles are exempt from the requirement
  33-17  of Subsection (a) of this section:
  33-18              (1)  vehicles exempt by Section 33 of this Act;
  33-19              (2)  any vehicles for which the title is held in the
  33-20  name of a volunteer fire department;
  33-21              (3)  <vehicles for which a bond is on file with the
  33-22  Department as provided by Section 24 of this Act, or for which a
  33-23  certificate has been obtained from the State Treasurer stating that
  33-24  the owner and/or operator has deposited with the State Treasurer
  33-25  Fifty-Five Thousand Dollars ($55,000) in cash or securities as
  33-26  provided by Section 25 of this Act.  Such bond or deposit may be
  33-27  filed in lieu of carrying automobile liability insurance where
   34-1  proof is required;>
   34-2              <(4)>  vehicles that are self-insured under Section 34
   34-3  of this Act; and
   34-4              (4) <(5)>  implements of husbandry<; and>
   34-5              <(6)  vehicles for which a valid certificate certifying
   34-6  that cash or a cashier's check in the amount of at least Fifty-Five
   34-7  Thousand Dollars ($55,000) is deposited with the county judge of
   34-8  the county in which the vehicle is registered has been:>
   34-9                    <(A)  issued by the county judge and acknowledged
  34-10  by the sheriff of that county; and>
  34-11                    <(B)  filed with the Department>.
  34-12        (d)  Subsection (b) of this section may not be construed to
  34-13  exempt a person who is operating a vehicle for which title is held
  34-14  in the name of a volunteer  fire department from the <liability>
  34-15  insurance requirements of this Act.
  34-16        SECTION 8.  The Texas Motor Vehicle Safety-Responsibility Act
  34-17  (Article 6701h, Vernon's Texas Civil Statutes) is amended by adding
  34-18  Section 1A-1 to read as follows:
  34-19        Sec. 1A-1.   The owner or operator of a motor vehicle may
  34-20  satisfy the financial responsibility requirement of this Act with a
  34-21  motor vehicle insurance policy providing at least:
  34-22              (1)  basic personal compensation coverage in accordance
  34-23  with Chapter 26, Insurance Code, and its subsequent amendments; and
  34-24              (2)  insurance covering the liability of the owner or
  34-25  operator for liability for injury to or destruction of the property
  34-26  of others arising out of the operation or use of the motor vehicle
  34-27  in the amount of $15,000 for any one accident, subject to a
   35-1  deductible not to exceed $250.
   35-2        SECTION 9.  Section 1B(a), Texas Motor Vehicle
   35-3  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   35-4  Statutes), is amended to read as follows:
   35-5        (a)  As a condition of operating a motor vehicle in this
   35-6  state, the operator of the motor vehicle shall furnish, on request
   35-7  of a peace officer or a person involved in an accident with the
   35-8  operator:
   35-9              (1)  an <a liability> insurance policy that complies
  35-10  with Section 1A-1 of <in at least the minimum amounts required by>
  35-11  this  Act, or a photocopy of that policy, that covers the vehicle;
  35-12              (2)  a standard proof of <liability> insurance form
  35-13  promulgated by the Texas Department of Insurance and issued by an
  35-14  <a liability> insurer that:
  35-15                    (A)  includes the name of the insurer;
  35-16                    (B)  includes the insurance policy number;
  35-17                    (C)  includes the policy period;
  35-18                    (D)  includes the name and address of each
  35-19  insured;
  35-20                    (E)  includes the policy limits or a statement
  35-21  that the coverage of the policy complies with Section 1A-1 of <at
  35-22  least the minimum amounts of liability insurance required by> this
  35-23  Act; and
  35-24                    (F)  includes the make and model of each covered
  35-25  vehicle;
  35-26              (3)  an insurance binder that confirms that the
  35-27  operator is in compliance with this Act; or
   36-1              (4)  a certificate or copy of a certificate issued by
   36-2  the department that shows the vehicle is covered by
   36-3  self-insurance<;>
   36-4              <(5)  a certificate issued by the state treasurer that
   36-5  shows that the owner of the vehicle has on deposit with the
   36-6  treasurer money or securities in at least the amount required by
   36-7  Section 25 of this Act;>
   36-8              <(6)  a certificate issued by the department that shows
   36-9  that the vehicle is a vehicle for which a bond is on file with the
  36-10  department as provided by Section 24 of this Act; or>
  36-11              <(7)  a copy of a certificate issued by the county
  36-12  judge of a county in which the vehicle is registered that shows
  36-13  that the owner of the vehicle has on deposit with the county judge
  36-14  cash or a cashier's check in at least the amount required by
  36-15  Section 1A(b)(6) of this Act>.
  36-16        SECTION 10.  Sections 1D and 1E, Texas Motor Vehicle
  36-17  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  36-18  Statutes), are amended to read as follows:
  36-19        Sec. 1D.  It is a defense to prosecution under this Act if
  36-20  the person charged produces in court an  <automobile liability>
  36-21  insurance policy that complies with Section 1A-1 of this Act or a
  36-22  certificate of self-insurance previously issued to that person that
  36-23  was valid at the time that the offense is alleged to have occurred
  36-24  and the charge shall be dismissed.
  36-25        Sec. 1E.  When notified of an accident by the Department in
  36-26  which an owner or operator has reported evidence of financial
  36-27  responsibility with an insurance company, the insurance company so
   37-1  notified shall be required to respond to the Department only if
   37-2  there is not a policy of <liability> insurance that complies with
   37-3  Section 1A-1 of this Act in effect, as reported.
   37-4        SECTION 11.  Sections 1F(a) and (f), Texas Motor Vehicle
   37-5  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   37-6  Statutes), are amended to read as follows:
   37-7        (a)  The department shall suspend the driver's license and
   37-8  motor vehicle registration of a person convicted of an offense
   37-9  under Section 1C(a) of this Act, if a prior conviction of the
  37-10  person under Section 1C(a) of this Act has been previously reported
  37-11  to the department by a magistrate or the judge or clerk of a court,
  37-12  unless the person establishes and maintains proof of financial
  37-13  responsibility for two years from the date of the second or
  37-14  subsequent conviction.  The requirement for filing proof of
  37-15  financial responsibility may be waived if satisfactory evidence is
  37-16  filed with the Department that the party convicted was at the time
  37-17  of arrest covered by a policy of <liability> insurance that
  37-18  complies with Section 1A-1 of this Act or was otherwise exempt as
  37-19  provided in Section 1A(b) of this Act.
  37-20        (f)  The following evidence of financial responsibility or a
  37-21  photocopy of the evidence satisfies the requirement of Subsection
  37-22  (e) of this section:
  37-23              (1)  an <a liability> insurance policy that complies
  37-24  with Section 1A-1 of <in at least the minimum amounts required by>
  37-25  this Act to provide proof of financial responsibility covering at
  37-26  least the period required by Subsection (e) of this section;
  37-27              (2)  a standard proof of <liability> insurance form
   38-1  promulgated by the Texas Department of Insurance and issued by an
   38-2  <a liability> insurer that includes:
   38-3                    (A)  the name of the insurer;
   38-4                    (B)  the insurance policy number;
   38-5                    (C)  the policy period, which must equal or
   38-6  exceed the period required by Subsection (e) of this section;
   38-7                    (D)  the name and address of each insured; and
   38-8                    (E)  the policy limits or a statement that the
   38-9  coverage of the policy complies with Section 1A-1 of <at least the
  38-10  minimum amounts of liability insurance required by> this Act;
  38-11              (3)  an insurance binder that confirms to the
  38-12  satisfaction of the court that the defendant is in compliance with
  38-13  this Act for at least the period required by Subsection (e) of this
  38-14  section; or
  38-15              (4)  a copy of a certificate issued by the Department
  38-16  of Public Safety that shows that the vehicle to be registered is
  38-17  covered by self-insurance<;>
  38-18              <(5)  a certificate issued by the state treasurer that
  38-19  shows that the owner of the vehicle has on deposit with the
  38-20  treasurer money or securities in at least the amount required by
  38-21  Section 25 of this Act;>
  38-22              <(6)  a certificate issued by the Department that shows
  38-23  that the vehicle is a vehicle for which a bond is on file with the
  38-24  Department as provided by Section 24 of this Act; or>
  38-25              <(7)  a copy of a certificate issued by the county
  38-26  judge of a county in which the vehicle is registered that shows
  38-27  that the owner of the vehicle has on deposit with the county judge
   39-1  cash or a cashier's check in at least the amount required by
   39-2  Section 1A(b)(6) of this Act>.
   39-3        SECTION 12.  Section 5(c), Texas Motor Vehicle
   39-4  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   39-5  Statutes), is amended to read as follows:
   39-6        (c)  This section shall not apply under the conditions stated
   39-7  in Section 6 nor:
   39-8              1.  To a motor vehicle operator or owner against whom
   39-9  the Department or a person presiding at a hearing finds there is
  39-10  not a reasonable probability of a judgment being rendered as a
  39-11  result of the accident;
  39-12              2.  To such operator or owner if such owner had in
  39-13  effect at the time of such accident a motor vehicle insurance
  39-14  <liability> policy with   respect to the motor vehicle involved in
  39-15  such accident;
  39-16              3.  To such operator, if not the owner of such motor
  39-17  vehicle, if there was in effect at the time of such accident a
  39-18  motor vehicle insurance <liability> policy <or bond> with respect
  39-19  to his operation of motor vehicles not owned by him;
  39-20              4.  To any person employed by the government of the
  39-21  United States, when such person is acting within the scope or
  39-22  office of his employment;
  39-23              5.  To such operator or owner if the liability of such
  39-24  operator or owner for damages resulting from such accident is, in
  39-25  the judgment of the Department, covered by any other form of
  39-26  liability insurance policy or bond; nor
  39-27              6.  To any person qualifying as a self-insurer under
   40-1  Section 34 of this Act, or to any person operating a motor vehicle
   40-2  for such self-insurer.
   40-3        No such policy or bond shall be effective under this section
   40-4  or under Section 7 unless issued by an insurance company or surety
   40-5  company authorized to write motor vehicle <liability> insurance in
   40-6  this State, except that if such motor vehicle was not registered in
   40-7  this State, or was a motor vehicle which was registered elsewhere
   40-8  than in this State at the effective date of the policy, or the most
   40-9  recent renewal thereof, such policy or bond shall not be effective
  40-10  under this section unless the insurance company or surety company
  40-11  if not authorized to do business in this State shall execute a
  40-12  power of attorney authorizing the Department to accept service on
  40-13  its behalf of notice or process in any action upon such policy or
  40-14  bond arising out of such accident.  The policy or bond must provide
  40-15  coverage at least equivalent to that required under Section 1A-1 of
  40-16  this Act<; providing, however, every such policy or bond is
  40-17  subject, if the accident has resulted in bodily injury or death, to
  40-18  a limit, exclusive of interest and costs, as follows:  effective
  40-19  January 1, 1984, not less than Fifteen Thousand Dollars ($15,000)
  40-20  because of bodily injury to or death of one person in any one
  40-21  accident and, subject to said limit for one person, to a limit of
  40-22  not less than Thirty Thousand Dollars ($30,000) because of bodily
  40-23  injury to or death of two (2) or more persons in any one accident,
  40-24  and, if the accident has resulted in injury to or destruction of
  40-25  property, to a limit of not less than Fifteen Thousand Dollars
  40-26  ($15,000) because of injury to or destruction of property of others
  40-27  in any one accident and effective January 1, 1986, not less than
   41-1  Twenty Thousand Dollars ($20,000) because of bodily injury to or
   41-2  death of one person in any one accident, and, subject to said limit
   41-3  for one person, to a limit of not less than Forty Thousand Dollars
   41-4  ($40,000) because of bodily injury to or death of two (2) or more
   41-5  persons in any one accident, and, if the accident has resulted in
   41-6  injury to or destruction of property, to a limit of not less than
   41-7  Fifteen Thousand Dollars ($15,000) because of injury to or
   41-8  destruction of property of others in any one accident.  The policy
   41-9  or bond may exclude coverage of the first Two Hundred Fifty Dollars
  41-10  ($250) of liability for bodily injury to or death of any one person
  41-11  in any one accident, and, subject to that exclusion for one person,
  41-12  may exclude coverage for the first Five Hundred Dollars ($500) of
  41-13  liability for the bodily injury to or death of two (2) or more
  41-14  persons in any one accident and may exclude coverage for the first
  41-15  Two Hundred Fifty Dollars ($250) of liability for the injury to or
  41-16  destruction of property of others in any one accident>.
  41-17              7.  Wherever the word "bond" appears in this section or
  41-18  this Act, it shall mean a bond filed with and approved by the
  41-19  Department of Public Safety.
  41-20        SECTION 13.  Section 8(c), Texas Motor Vehicle
  41-21  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  41-22  Statutes), is amended to read as follows:
  41-23        (c)  Upon receipt of certification by the Department that the
  41-24  operating privilege of a Texas resident has been suspended or
  41-25  revoked in another state pursuant to a law providing for its
  41-26  suspension or revocation for failure to deposit security for the
  41-27  payment of judgments arising out of a motor vehicle accident, for
   42-1  failure to satisfy any judgment, or for failure to file proof of
   42-2  financial responsibility, the Department shall contact the official
   42-3  who issued the certification and request information pertaining to
   42-4  the specific nature of the Texas resident's noncompliance.  If the
   42-5  alleged noncompliance is based on the failure of the Texas
   42-6  resident's insurance company or surety company to obtain
   42-7  authorization to write motor vehicle <liability> insurance in the
   42-8  other state and for failure of the insurance or surety company to
   42-9  execute a power of attorney directing the appropriate official in
  42-10  the other state to accept service on its behalf of notice or
  42-11  process in any action upon the policy arising out of the accident,
  42-12  then the Department shall not suspend the Texas resident's license
  42-13  and other registrations.  If the evidence shows that the Texas
  42-14  resident's operating privilege was suspended in the other state for
  42-15  any other violation of another state's laws providing for
  42-16  suspension or revocation for failure to deposit security for the
  42-17  payment of judgments arising out of motor vehicle accidents, for
  42-18  failure to satisfy any judgment, or for failure to file proof of
  42-19  financial responsibility, under circumstances that would require
  42-20  the Department to suspend a nonresident's operating privilege had
  42-21  the accident occurred in this state, then the Department shall
  42-22  suspend the Texas resident's license and registrations.  The
  42-23  suspension shall continue until the resident furnishes evidence of
  42-24  his compliance with the law of the other state relating to the
  42-25  deposit of security, satisfaction of judgment, or proof of
  42-26  financial responsibility.
  42-27        SECTION 14.  Section 13(c), Texas Motor Vehicle
   43-1  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   43-2  Statutes), is amended to read as follows:
   43-3        (c)  Notwithstanding any other provision of this Act any
   43-4  person whose license, registration or nonresident's operating
   43-5  privilege has been suspended, or is about to be suspended or shall
   43-6  become subject to suspension under this Article, may relieve
   43-7  himself from the effect of the judgment by filing with the
   43-8  Department satisfactory evidence that there was in effect at the
   43-9  time of the accident out of which the judgment arose a policy of
  43-10  <liability> insurance covering the operation of the motor vehicle
  43-11  involved and filing with the Department an affidavit stating that
  43-12  at the time of the accident upon which the judgment has been
  43-13  rendered he was insured, that the insurer is liable to pay such
  43-14  judgment, and the reason, if known, why the insurance company has
  43-15  not paid the judgment.  He shall also file the original policy of
  43-16  insurance or a certified copy thereof, if available, and such other
  43-17  documents as the Department may require to show that the loss,
  43-18  injury, or damage for which the judgment was rendered, was covered
  43-19  by the policy of insurance.
  43-20        If the Department is satisfied from such papers that the
  43-21  insurer was authorized to issue the policy of insurance in this
  43-22  State at the time of issuing the policy and that such insurer is
  43-23  liable to pay such judgment, at least to the extent and for the
  43-24  amounts provided in this Article, the Department shall not suspend
  43-25  the license, registration or nonresident's operating privilege, or
  43-26  if already suspended, shall reinstate them.
  43-27        Any person whose license, registration or nonresident's
   44-1  operating privilege has heretofore been suspended under the
   44-2  provisions of this Article may take advantage of this Section.
   44-3        SECTION 15.  Section 15, Texas Motor Vehicle
   44-4  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   44-5  Statutes), is amended to read as follows:
   44-6        Sec. 15.  Judgments herein referred to shall, for the purpose
   44-7  of this Act only, be deemed satisfied:
   44-8              1.  When $20,000 <the amount set out in Subdivision (6)
   44-9  of Subsection (c) of Section 5 of this Act for bodily injury to or
  44-10  death of one person in any one accident> has been credited upon any
  44-11  judgment or judgments rendered in excess of that amount because of
  44-12  bodily injury to or death of one person as the result of any one
  44-13  accident;
  44-14              2.  When $40,000<, subject to the limit set out in
  44-15  Subdivision (6) of Subsection (c) of Section 5 of this Act because
  44-16  of bodily injury to or death of one person, the sum set out in
  44-17  Subdivision (6) of Subsection (c) of Section 5 of this Act for
  44-18  bodily injury to or death of two (2) or more persons in any one
  44-19  accident> has been credited upon any judgment or judgments rendered
  44-20  in excess of that amount because of bodily injury to or death of
  44-21  two (2) or more persons as the result of any one accident, subject
  44-22  to a limit of $20,000 for any one person in the accident; or
  44-23              3.  When $15,000 <the sum set out in Subdivision (6) of
  44-24  Subsection (c) of Section 5 of this Act for injury to or
  44-25  destruction of property of others in any one accident> has been
  44-26  credited upon any judgment or judgments rendered in excess of that
  44-27  amount because of injury to or destruction of property of others as
   45-1  a result of any one accident;
   45-2        Provided, however, payments made in settlement of any claims
   45-3  because of bodily injury, death or property damage arising from a
   45-4  motor vehicle accident shall be credited in reduction of the
   45-5  amounts provided for in this Section.
   45-6        SECTION 16.  Section 20(a), Texas Motor Vehicle
   45-7  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   45-8  Statutes), is amended to read as follows:
   45-9        (a)  The non-resident owner of a motor vehicle not registered
  45-10  in this State may give proof of financial responsibility by filing
  45-11  with the Department a certificate or certificates of an insurance
  45-12  company authorized to transact business in the state in which the
  45-13  motor vehicle or motor vehicles covered in such certificate are
  45-14  registered, or if such non-resident does not own a motor vehicle,
  45-15  then in the state in which the insured resides, provided such
  45-16  certificate otherwise conforms to the provisions of this Act, and
  45-17  the Department shall accept the same upon condition that said
  45-18  insurance company complies with the following provisions with
  45-19  respect to the policies so certified:
  45-20              1.  Said insurance company shall execute a power of
  45-21  attorney authorizing the Department to accept service on its behalf
  45-22  of notice or process in any action arising out of a motor vehicle
  45-23  accident in this State; and
  45-24              2.  Said insurance company shall agree in writing that
  45-25  such policies shall be deemed to conform with the laws of this
  45-26  State relating to the terms of motor vehicle insurance <liability>
  45-27  policies issued herein.
   46-1        SECTION 17.  Section 29, Texas Motor Vehicle
   46-2  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   46-3  Statutes), is amended to read as follows:
   46-4        Sec. 29.  The Department shall upon request consent to the
   46-5  immediate cancellation of any bond or certificate of insurance, <or
   46-6  the Department shall direct and the State Treasurer shall return to
   46-7  the person entitled thereto any money or securities deposited
   46-8  pursuant to this Act as proof of financial responsibility,> or the
   46-9  Department shall waive the requirement of filing proof, in any of
  46-10  the following events:
  46-11              1.  At any time after two (2) years from the date such
  46-12  proof was required when, during the two-year period preceding the
  46-13  request, the Department has not received record of a conviction or
  46-14  a forfeiture of bail which would require or permit the suspension
  46-15  or revocation of the license, registration or nonresident's
  46-16  operating privilege of the person by or for whom such proof was
  46-17  furnished; or
  46-18              2.  In the event of the death of the person on whose
  46-19  behalf such proof was filed or the permanent incapacity of such
  46-20  person to operate a motor vehicle; or
  46-21              3.  In the event the person who has given proof
  46-22  surrenders his license and registration to the Department;
  46-23        <Provided, however, that the Department shall not consent to
  46-24  the cancellation of any bond or the return of any money or
  46-25  securities in the event any action for damages upon a liability
  46-26  covered by such proof is then pending or any judgment upon any such
  46-27  liability is then unsatisfied, or in the event the person who has
   47-1  filed such bond or deposited such money or securities has, within
   47-2  two (2) years immediately preceding such request, been involved as
   47-3  an operator or owner in any motor vehicle accident resulting in
   47-4  injury or damage to the person or property of others.  An affidavit
   47-5  of the applicant as to the nonexistence of such facts, or that he
   47-6  has been released from all of his liability, or has been finally
   47-7  adjudicated not to be liable, for such injury or damage, shall be
   47-8  sufficient evidence thereof in the absence of evidence to the
   47-9  contrary in the records of the Department.>
  47-10        Whenever any person whose proof has been cancelled <or
  47-11  returned> under Subdivision 3 of this Section applies for a license
  47-12  or registration within a period of two (2) years from the date
  47-13  proof was originally required, any such application shall be
  47-14  refused unless the applicant shall re-establish such proof for the
  47-15  remainder of such two-year period.
  47-16        SECTION 18.  Section 35, Texas Motor Vehicle
  47-17  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  47-18  Statutes), is amended to read as follows:
  47-19        Sec. 35.  Subject to the provisions of Article 5.10, <Texas>
  47-20  Insurance Code, and its subsequent amendments <of 1951, as
  47-21  amended>, insurance companies authorized to issue motor vehicle
  47-22  insurance <liability> policies in this state may establish an
  47-23  administrative agency and make necessary reasonable rules in
  47-24  connection therewith, relative to the formation of a plan and
  47-25  procedure to provide a means by which insurance may be assigned to
  47-26  an authorized insurance company for a person required by this Act
  47-27  to show proof of financial responsibility for the future and who is
   48-1  in good faith entitled to motor vehicle <liability> insurance in
   48-2  this state but is unable to secure it through ordinary methods; or,
   48-3  in amounts not to exceed the limits required under Section 1A-1 of
   48-4  this Act <prescribed in Section 21(b)2 of this law>, for any unit
   48-5  of government within the State of Texas which, acting in good
   48-6  faith, is unable to secure motor vehicle <liability> insurance in
   48-7  this state through ordinary methods; and may establish a plan and
   48-8  procedure for the equitable apportionment among such authorized
   48-9  companies of applicants for such policies and for motor vehicle
  48-10  insurance <liability> policies, including, but not limited to,
  48-11  voluntary agreements by insurance companies to accept such
  48-12  assignments.  When any such plan has been approved by the State
  48-13  Board of Insurance, all insurance companies authorized to issue
  48-14  motor vehicle insurance <liability> policies in the State of Texas
  48-15  shall subscribe thereto and participate therein.
  48-16        The State Board of Insurance, in addition to the provisions
  48-17  prescribed by Subchapter A, Chapter 5, <Texas> Insurance Code, and
  48-18  its subsequent amendments <of 1951, as amended>, may determine,
  48-19  fix, prescribe, promulgate, change, and amend rates or minimum
  48-20  premiums normally applicable to a risk so as to apply to any and
  48-21  every assignment such rates and minimum premiums as are
  48-22  commensurate with the greater hazard of the risk, considering in
  48-23  connection therewith the experience, physical or other conditions
  48-24  of such risk of the person or municipality applying for insurance
  48-25  under any such plan.
  48-26        SECTION 19.  Sections 2a(d) and (e), Chapter 88, General
  48-27  Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
   49-1  (Article 6675a-2a, Vernon's Texas Civil Statutes), are amended to
   49-2  read as follows:
   49-3        (d)  The following evidence of financial responsibility or a
   49-4  photocopy of the evidence satisfies the requirement of this
   49-5  section:
   49-6              (1)  an <a liability> insurance policy or <liability>
   49-7  self-insurance or pool coverage document issued by a political
   49-8  subdivision or governmental pool pursuant to the authority
   49-9  contained in The Interlocal Cooperation Act (Article 4413(32c),
  49-10  Vernon's Texas Civil Statutes) and its subsequent amendments,
  49-11  Chapter 119, Local Government Code, and its subsequent amendments,
  49-12  or other applicable law in at least the minimum amounts required by
  49-13  the Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
  49-14  Vernon's Texas Civil Statutes) and its subsequent amendments to
  49-15  provide proof of financial responsibility covering at least the
  49-16  period required by Subsection (a) of this section;
  49-17              (2)  a standard proof of insurance <liability> form
  49-18  promulgated by the Texas Department of Insurance and issued by an
  49-19  <a liability> insurer that includes:
  49-20                    (A)  the name of the insurer;
  49-21                    (B)  the insurance policy or other coverage
  49-22  document number;
  49-23                    (C)  the policy or other coverage document
  49-24  coverage period;
  49-25                    (D)  the name and address of each insured or
  49-26  covered person;
  49-27                    (E)  the policy or other coverage document limits
   50-1  or a statement that the coverage of the policy complies with at
   50-2  least the minimum amounts of <liability> insurance required by the
   50-3  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
   50-4  Vernon's Texas Civil Statutes) and its subsequent amendments; and
   50-5                    (F)  the make and model of each covered vehicle;
   50-6              (3)  an insurance binder that confirms to the
   50-7  satisfaction of the county tax collector that the owner of the
   50-8  motor vehicle to be registered is in compliance with the Texas
   50-9  Motor Vehicle Safety-Responsibility Act (Article 6701h, Vernon's
  50-10  Texas Civil Statutes) and its subsequent amendments for at least
  50-11  the period required by Subsection (a) of this section; or
  50-12              (4)  a copy of a certificate issued by the Department
  50-13  of Public Safety that shows that the vehicle to be registered is
  50-14  covered by self-insurance<;>
  50-15              <(5)  a certificate issued by the state treasurer that
  50-16  shows that the owner of the vehicle has on deposit with the
  50-17  treasurer money or securities in at least the amount required by
  50-18  Section 25 of the Texas Motor Vehicle Safety-Responsibility Act
  50-19  (Article 6701h, Vernon's Texas Civil Statutes);>
  50-20              <(6)  a certificate issued by the Department of Public
  50-21  Safety that shows that the vehicle is a vehicle for which a bond is
  50-22  on file with the Department as provided by Section 24 of the Texas
  50-23  Motor Vehicle Safety-Responsibility Act (Article 6701h, Vernon's
  50-24  Texas Civil Statutes); or>
  50-25              <(7)  a copy of a certificate issued by the county
  50-26  judge of a county in which the vehicle is registered that shows
  50-27  that the owner of the vehicle has on deposit with the county judge
   51-1  cash or a cashier's check in at least the amount required by
   51-2  Section 1A(b)(6) of the Texas Motor Vehicle Safety-Responsibility
   51-3  Act (Article 6701h, Vernon's Texas Civil Statutes)>.
   51-4        (e)  At the time the county tax collector registers a motor
   51-5  vehicle, the tax collector shall provide to the person registering
   51-6  the motor vehicle a separate document that contains a statement
   51-7  that the motor vehicle being registered may not be operated in this
   51-8  state unless <liability> insurance coverage for the vehicle in at
   51-9  least the minimum amounts required by law remains in effect <to
  51-10  insure against potential losses> or unless the motor vehicle is
  51-11  exempt from the insurance requirement by Section 1A(b), Texas Motor
  51-12  Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
  51-13  Civil Statutes), and its subsequent amendments.
  51-14        SECTION 20.  Section 6(c), Chapter 173, Acts of the 47th
  51-15  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  51-16  Civil Statutes), is amended to read as follows:
  51-17        (c)  An application for an original or renewal driver's
  51-18  license must be accompanied by evidence of financial responsibility
  51-19  or a statement that the applicant does not own a motor vehicle for
  51-20  which maintenance of financial responsibility is required under the
  51-21  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
  51-22  Vernon's Texas Civil Statutes) and its subsequent amendments.
  51-23  Evidence of financial responsibility presented under this
  51-24  subsection must comply with Section 1A-1 <be in at least the
  51-25  minimum amounts required by Subdivision 10, Section 1>, Texas Motor
  51-26  Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
  51-27  Civil Statutes), and its subsequent amendments, must cover each
   52-1  motor vehicle that the applicant owns and for which the applicant
   52-2  is required to maintain financial responsibility, and may be shown
   52-3  in the manner specified under Section 1B(b) of that Act.  A
   52-4  statement that the applicant does not own an applicable motor
   52-5  vehicle must be sworn to and signed by the applicant.
   52-6        SECTION 21.  (a)  Articles 5.06-1 and 5.06-3, Insurance Code,
   52-7  are repealed.
   52-8        (b)  Sections 18, 19, 21, 22, 24, and 25, Texas Motor Vehicle
   52-9  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  52-10  Statutes), are repealed.
  52-11        SECTION 22.  (a)  The State Board of Insurance shall adjust
  52-12  the benchmark rate applicable to motor vehicle insurance policies
  52-13  under Subchapter M, Chapter 5, Insurance Code, that is in effect
  52-14  for policies affected by this Act and that are delivered, issued
  52-15  for delivery, or renewed, during the first year following the
  52-16  effective date of this Act to reflect the loss and expense savings
  52-17  that are predicted to result from the implementation of this Act.
  52-18  The board shall determine predicted loss and expense savings on a
  52-19  prospective and actuarially sound basis.
  52-20        (b)  If Subchapter I, Chapter 26, Insurance Code, as added by
  52-21  this Act, is finally determined to be invalid by a court of
  52-22  competent jurisdiction, motor vehicle insurers may assess a premium
  52-23  surcharge, in an amount approved by the State Board of Insurance,
  52-24  to recover losses resulting from that determination.
  52-25        SECTION 23.  (a)  Except as provided by Subsection (b) of
  52-26  this section, this Act takes effect September 1, 1993.
  52-27        (b)  Sections 6 through 21 of this Act take effect January 1,
   53-1  1994.
   53-2        (c)  This Act applies only to an insurance policy that is
   53-3  delivered, issued for delivery, or renewed on or after January 1,
   53-4  1994.  A policy that is delivered, issued for delivery, or renewed
   53-5  before January 1, 1994, is governed by the law as it existed
   53-6  immediately before the effective date of this Act, and that law is
   53-7  continued in effect for that purpose.
   53-8        (d)  Subchapter I, Chapter 26, Insurance Code, as added by
   53-9  this Act, applies only to an action to recover damages for
  53-10  accidental injury that accrues on or after January 1, 1994.  An
  53-11  action that accrues before January 1, 1994, is governed by the law
  53-12  in effect at the time the action accrues, and that law is continued
  53-13  in effect for that purpose.
  53-14        SECTION 24.  The importance of this legislation and the
  53-15  crowded condition of the calendars in both houses create an
  53-16  emergency   and   an   imperative   public   necessity   that   the
  53-17  constitutional rule requiring bills to be read on three several
  53-18  days in each house be suspended, and this rule is hereby suspended.