By:  Rosson                                            S.B. No. 359
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the creation of a program to provide motor vehicle
    1-2  insurance coverage at affordable rates for certain individuals with
    1-3  good driving records.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 5, Insurance Code, is
    1-6  amended by adding Article 5.12-2 to read as follows:
    1-7        Art. 5.12-2.  GOOD DRIVER PROGRAM
    1-8        Sec. 1.  DEFINITIONS.  In this article:
    1-9              (1)  "Applicant" means an applicant for participation
   1-10  in the program.
   1-11              (2)  "Driving record" means an individual's history of
   1-12  convictions of violations of traffic safety regulations.
   1-13              (3)  "Insurer" means an insurance company,
   1-14  interinsurance exchange, mutual, capital stock company, fraternal
   1-15  benefit society, local mutual aid association, county mutual,
   1-16  reciprocal, association, Lloyd's plan, or other entity writing
   1-17  motor vehicle insurance in this state.  The term includes a company
   1-18  affiliated with an insurer.
   1-19              (4)  "Program" means the Texas Good Driver Program.
   1-20              (5)  "Traffic safety regulation" means a law or
   1-21  ordinance of this state or a political subdivision of this state
   1-22  relating to the operation of motor vehicles, other than a
   1-23  regulation relating to pedestrians or to the parking of motor
    2-1  vehicles.
    2-2        Sec. 2.  ELIGIBILITY CONDITIONS FOR DRIVERS.  (a)  To be
    2-3  eligible to participate in the program, an applicant must:
    2-4              (1)  be licensed to drive in this state;
    2-5              (2)  have held a driver's license for at least ten
    2-6  years as of the date that the application is filed;
    2-7              (3)  have not, during the three years preceding the
    2-8  date of the application, been convicted of a violation of a traffic
    2-9  safety regulation; and
   2-10              (4)  have not, during the three years preceding the
   2-11  date of the application, been principally at fault in a motor
   2-12  vehicle accident.
   2-13        (b)  An applicant is not eligible to participate in the
   2-14  program if the applicant has been convicted of:
   2-15              (1)  an offense under Article 67011-1, Revised
   2-16  Statutes; or
   2-17              (2)  an offense relating to the operation of a motor
   2-18  vehicle under Section 19.05, Penal Code.
   2-19        (c)  For purposes of Subsections (a) and (b) of this section,
   2-20  an applicant is considered to have been convicted in a case if:
   2-21              (1)  a sentence is imposed; or
   2-22              (2)  the applicant receives probation or deferred
   2-23  adjudication.
   2-24        Sec. 3.  INSURER REQUIREMENTS; PREMIUM RATES.  (a)  An
   2-25  insurer shall offer motor vehicle insurance coverage to each
    3-1  individual who is eligible for the program and who applies for
    3-2  motor vehicle insurance coverage from that insurer.
    3-3        (b)  The insurer must offer the coverage at the lowest
    3-4  applicable premium rate offered by that insurer or insurance
    3-5  company group for motor vehicle insurance coverage from that
    3-6  insurer.
    3-7        (c)  An insurer may require that a member of an applicant's
    3-8  household be excluded from coverage under the policy if that
    3-9  individual is not eligible for the program.
   3-10        Sec. 4.  CANCELLATION AND NONRENEWAL.  (a)  An insurer may
   3-11  cancel an insurance policy issued under this article during the
   3-12  term of the policy only as permitted under Tex. Ins. Code Art.
   3-13  21.49-2b Sec. 4(e).
   3-14        (b)  An insurer may refuse to renew a policy under this
   3-15  article only if the insured is no longer eligible for the program.
   3-16        (c)  If an insurer cancels or refuses to renew a policy under
   3-17  this subsection because of the conduct of an individual insured,
   3-18  coverage for another individual covered by the policy may not be
   3-19  canceled or nonrenewed and the insurer shall determine the
   3-20  applicable rate for the remaining insured for premium purposes.
   3-21        SECTION 2.  (a)  This Act takes effect September 1, 1993.
   3-22        (b)  Section 5, Article 5.12-2, Insurance Code, as added by
   3-23  this Act, applies only to a motor vehicle insurance policy that is
   3-24  delivered, issued for delivery, or renewed before January 1, 1994,
   3-25  is governed by the law as it existed immediately before the
    4-1  effective date of this Act, and that law is continued in effect for
    4-2  that purpose.
    4-3        SECTION 3.  The importance of this legislation and the
    4-4  crowded condition of the calendars in both houses create an
    4-5  emergency and an imperative public necessity that the
    4-6  constitutional rule requiring bills to be read on three several
    4-7  days in each house be suspended, and this rule is hereby suspended.