By Clemons                                             H.B. No. 149
                                 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.
    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.  COMPREHENSIVE MOTOR VEHICLE INSURANCE REPARATIONS
    1-8        Art. 26.01.  DEFINITIONS.  In this chapter:
    1-9              (1)  "Bus" means:
   1-10                    (A)  a motor vehicle, owned by a governmental
   1-11  agency or privately owned and operated for compensation, used to
   1-12  transport children to or from school; or
   1-13                    (B)  a motor vehicle having seating capacity for
   1-14  15 or more passengers in addition to the driver and used for the
   1-15  transportation of persons.
   1-16              (2)  "Covered economic loss":
   1-17                    (A)  means the following expenses and losses
   1-18  resulting from bodily injury arising out of the use of a motor
   1-19  vehicle:
   1-20                          (i)  medical expenses incurred not later
   1-21  than one year after the date of the accident that caused the
   1-22  injury, and medical expenses that are reasonably related to the
   1-23  same injury and that are ascertainable with reasonable medical
    2-1  certainty to be incurred not later than three years after the date
    2-2  of the accident that caused the injury;
    2-3                          (ii)  loss of earnings not to exceed $1,000
    2-4  per month, for not more than three years from the date of the
    2-5  accident that caused the injury; and
    2-6                          (iii)  all other reasonable and necessary
    2-7  expenses incurred, not to exceed $25 per day, for not more than one
    2-8  year from the date of the accident that caused the injury; but
    2-9                    (B)  does not include loss incurred because of
   2-10  death.
   2-11              (3)  "Covered person" means any person entitled to
   2-12  benefits under Article 26.02(a) or 26.03(a) of this code or covered
   2-13  by a certificate of self-insurance under Section 34, Texas Motor
   2-14  Vehicle Safety-Responsibility Act (Section 6701h, Vernon's Texas
   2-15  Civil Statutes).
   2-16              (4)  "First-party benefits" means payments to a covered
   2-17  person to reimburse the person for covered economic loss resulting
   2-18  from bodily injury arising out of the use of a motor vehicle.
   2-19              (5)  "Insurer" means an insurance company, a
   2-20  corporation, an interinsurance exchange, a mutual, a county mutual,
   2-21  a reciprocal, an association, a Lloyd's, or other insurer writing
   2-22  motor vehicle insurance delivered, issued for delivery, or renewed
   2-23  in this state.
   2-24              (6)  "Intoxicated" has the meaning assigned by Article
   2-25  6701l-1, Revised Statutes.
    3-1              (7)  "Loss of earnings" means 70 percent of the sum of:
    3-2                    (A)  the amount actually incurred of loss of
    3-3  earnings from work that a person would have performed had the
    3-4  person not been injured; and
    3-5                    (B)  the amount of reasonable and necessary
    3-6  expenses incurred by the injured person in obtaining services
    3-7  instead of those that the person would have performed for income.
    3-8              (8)  "Medical expenses" means necessary expenses
    3-9  reasonably incurred for:
   3-10                    (A)  medical, hospital, surgical, nursing,
   3-11  dental, ambulance, X-ray, prescription drug, and prosthetic
   3-12  products or services;
   3-13                    (B)  nonmedical remedial care or treatment
   3-14  rendered in accordance with a religious method of healing
   3-15  recognized by the laws of this state; or
   3-16                    (C)  any other professional health care services.
   3-17              (9)  "Member of named insured's household" means a
   3-18  spouse, child, ward, foster child, or relative of the named insured
   3-19  who regularly resides in the named insured's household.
   3-20              (10)  "Motorcycle" has the meaning assigned by Section
   3-21  1, Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
   3-22  Vernon's Texas Civil Statutes).
   3-23              (11)  "Motor vehicle" has the meaning assigned by
   3-24  Section 1, Texas Motor Vehicle Safety-Responsibility Act (Article
   3-25  6701h, Vernon's Texas Civil Statutes).
    4-1              (12)  "Motor vehicle insurance" means a policy of
    4-2  insurance delivered, issued for delivery, or renewed in this state
    4-3  that provides coverage for bodily injury resulting from the use of
    4-4  a motor vehicle.
    4-5              (13)  "Noneconomic loss" means any detriment caused by
    4-6  bodily injury arising out of the use of a motor vehicle other than
    4-7  economic loss.  The term includes pain and suffering.
    4-8              (14)  "Operator" has the meaning assigned by Section 1,
    4-9  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
   4-10  Vernon's Texas Civil Statutes).
   4-11              (15)  "Owner" has the meaning assigned by Section 1,
   4-12  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
   4-13  Vernon's Texas Civil Statutes).
   4-14              (16)  "Serious injury" means a bodily injury that
   4-15  results in death, permanent and serious impairment of an important
   4-16  body function, or permanent and significant disfigurement.
   4-17              (17)  "Speed contest" means a competition or race
   4-18  formally or otherwise arranged between the driver of a motor
   4-19  vehicle covered by the insurance policy and the driver of another
   4-20  vehicle, regardless of whether the competition or race is for
   4-21  compensation.  The term does not include operation of a vehicle at
   4-22  a speed that exceeds the legal speed limit if the driver is not
   4-23  engaged in a competition or race.
   4-24              (18)  "Uninsured motor vehicle" means a motor vehicle
   4-25  that is:
    5-1                    (A)  not covered by a policy of insurance that
    5-2  meets the requirements of this chapter; or
    5-3                    (B)  owned by a person whose identity is unknown
    5-4  and unascertainable, if actual physical contact occurred between
    5-5  the motor vehicle owned and operated by the unknown person and the
    5-6  person or property of the insured.
    5-7        Art. 26.02.  ENTITLEMENT TO FIRST-PARTY BENEFITS; ADDITIONAL
    5-8  FINANCIAL SECURITY REQUIRED.  (a)  Except as provided by
    5-9  Subsections (d) and (e) of this article, each motor vehicle
   5-10  insurance policy, except policies issued to the owner or operator
   5-11  of a motorcycle, must provide for the payment of first-party
   5-12  benefits to:
   5-13              (1)  the following persons for bodily injury arising
   5-14  out of the use in this state of a motor vehicle covered by the
   5-15  policy:
   5-16                    (A)  the named insured;
   5-17                    (B)  a member of the named insured's household;
   5-18                    (C)  a passenger or operator of a motor vehicle
   5-19  covered by the policy;
   5-20                    (D)  a person who is a passenger of a motor
   5-21  vehicle operated by the named insured or by a member of the named
   5-22  insured's household and who is not covered by another motor vehicle
   5-23  insurance policy that provides first-party benefits under this
   5-24  article;
   5-25                    (E)  a pedestrian injured through the use of a
    6-1  motor vehicle covered by the policy; and
    6-2                    (F)  a pedestrian injured through the use of a
    6-3  motor vehicle that is:
    6-4                          (i)  not owned by the pedestrian;
    6-5                          (ii)  operated by the named insured or a
    6-6  member of the named insured's household; and
    6-7                          (iii)  not covered by another motor vehicle
    6-8  insurance policy that meets the requirements of this article;
    6-9              (2)  the named insured and members of the named
   6-10  insured's household, other than an occupant of a motorcycle, for
   6-11  bodily injury arising out of the use, outside of this state and in
   6-12  the United States, its territories or possessions, or Canada, of a
   6-13  motor vehicle, other than a motorcycle, covered by the policy or
   6-14  covered by another policy;
   6-15              (3)  the named insured and members of the named
   6-16  insured's household, other than an occupant of a motorcycle, for
   6-17  bodily injury arising out of the use, in the United States, its
   6-18  territories or possessions, or Canada, of an uninsured motor
   6-19  vehicle or any motorcycle; and
   6-20              (4)  a resident of this state who is not the owner of a
   6-21  motor vehicle for which coverage for first-party benefits is
   6-22  required by the Texas Motor Vehicle Safety-Responsibility Act
   6-23  (Article 6701h, Vernon's Texas Civil Statutes) and who is not a
   6-24  member of a named insured's household on another policy providing
   6-25  coverage for first-party benefits under this article, for bodily
    7-1  injury arising out of the use, outside of this state, but in the
    7-2  United States, its territories or possessions, or Canada, of a
    7-3  motor vehicle covered by the policy.
    7-4        (b)  Except as provided by Article 26.08 of this code, a
    7-5  motor vehicle insurance policy under this article must provide at
    7-6  least $20,000 in first-party benefits for each covered person in
    7-7  any one accident.
    7-8        (c)  A motor vehicle insurance policy under this article must
    7-9  provide liability coverage in an amount of at least $15,000,
   7-10  indemnifying the named insured, a member of the named insured's
   7-11  household, and an operator of a motor vehicle owned by the named
   7-12  insured who is operating the vehicle with the permission of the
   7-13  named insured for liability imposed by law for injury to or
   7-14  destruction of property of others arising out of the use of a motor
   7-15  vehicle.  Coverage under this subsection may be subject to a
   7-16  deductible of not more than $250.
   7-17        (d)  First-party benefits for a bus passenger, other than the
   7-18  operator or owner of the bus or an employee of the owner or
   7-19  operator, who is injured in a motor vehicle accident in this state
   7-20  must be provided by each motor vehicle insurance policy under which
   7-21  the injured person is a named insured or a member of a named
   7-22  insured's household.  If the injured person is not a named insured
   7-23  or a member of a named insured's household on a motor vehicle
   7-24  insurance policy, first-party benefits shall be provided by the
   7-25  insurer of the bus.
    8-1        (e)  A covered person is not entitled to receive first-party
    8-2  benefits for loss of earnings to the extent the person's loss of
    8-3  earnings is offset by payments from that person's employer, whether
    8-4  the payments are required by statute or contract or are made
    8-5  voluntarily by the employer, unless the payments from the employer
    8-6  reduce the covered person's income or level of future benefits
    8-7  arising from a subsequent illness or injury.
    8-8        Art. 26.03.  MOTORCYCLE INSURANCE.  (a)  A policy of
    8-9  liability insurance covering a motorcycle issued to satisfy the
   8-10  requirements of the Texas Motor Vehicle Safety-Responsibility Act
   8-11  (Article 6701h, Vernon's Texas Civil Statutes) must also provide
   8-12  for the payment of first-party benefits to persons, other than the
   8-13  occupants of the covered motorcycle, another motorcycle, or any
   8-14  motor vehicle, for loss arising out of the use or operation of the
   8-15  motorcycle in this state.
   8-16        (b)  A motor vehicle insurance policy under this article must
   8-17  provide at least $20,000 in first-party benefits for each covered
   8-18  person in any one accident.
   8-19        Art. 26.04.  DEATH BENEFIT.  A motor vehicle insurance policy
   8-20  must provide a death benefit in the amount of $2,000 for the death
   8-21  of a person who would have been entitled to first-party benefits
   8-22  under Article 26.02(a) or 26.03(a) of this code had the person
   8-23  survived.  The death benefit required by this article is in
   8-24  addition to first-party benefits payable as a result of the use of
   8-25  the motor vehicle and is payable to the estate of the deceased.
    9-1        Art. 26.05.  EXCLUSIONS.  A policy of motor vehicle insurance
    9-2  under Article 26.02 or 26.03 of this code may exclude payment of
    9-3  first-party benefits to a covered person whose conduct contributed
    9-4  to the injury sustained in any of the following ways:
    9-5              (1)  the injury was caused intentionally;
    9-6              (2)  the injury was caused while the covered person was
    9-7  committing a felony, seeking to evade lawful apprehension by a law
    9-8  enforcement official, operating a motor vehicle in a speed contest,
    9-9  or operating or occupying a motor vehicle known by the covered
   9-10  person to be stolen; or
   9-11              (3)  the injury was caused while the covered person was
   9-12  intoxicated.
   9-13        Art. 26.06.  DEDUCTIBLES.  (a)  An insurer offering motor
   9-14  vehicle insurance that provides first-party benefits under Article
   9-15  26.02 of this code shall offer that insurance without a deductible
   9-16  and shall also offer that insurance with a deductible of not more
   9-17  than $200 applicable only to the covered economic loss of the named
   9-18  insured and members of the named insured's household.
   9-19        (b)  The board shall approve a higher deductible for policies
   9-20  providing additional benefits or to coordinate first-party benefits
   9-21  with other benefits provided under the policy or provided by other
   9-22  policies.  A deductible approved by the board may apply only to the
   9-23  claims of the named insured and members of the named insured's
   9-24  household.
   9-25        Art. 26.07.  COST CONTAINMENT PROVISIONS.  The board may
   10-1  adopt rules under which a policy of motor vehicle insurance under
   10-2  Article 26.02 or 26.03 of this code may contain cost containment
   10-3  provisions, including provisions for:
   10-4              (1)  precertification of covered services;
   10-5              (2)  preauthorization for specified services;
   10-6              (3)  a second opinion before surgery;
   10-7              (4)  concurrent utilization review and management;
   10-8              (5)  discharge planning;
   10-9              (6)  large case management;
  10-10              (7)  coordination of benefits, if the provisions comply
  10-11  with guidelines established by the National Association of
  10-12  Insurance Commissioners; and
  10-13              (8)  managed care or point of service arrangements.
  10-14        Art. 26.08.  USE OF COVERED VEHICLE OUTSIDE STATE.  A policy
  10-15  of insurance that provides first-party benefits under Article 26.02
  10-16  of this code must provide that when any covered motor vehicle is
  10-17  used in another state or Canadian province the policy provides at
  10-18  least the minimum amount of insurance coverage required by the laws
  10-19  of that state or province.
  10-20        Art. 26.09.  NONCONFORMING POLICIES.  A policy of insurance
  10-21  represented by an insurer as meeting the requirements of the Texas
  10-22  Motor Vehicle Safety-Responsibility Act (Article 6701h, Vernon's
  10-23  Texas Civil Statutes) shall be construed to meet the requirements
  10-24  of this chapter.
  10-25        Art. 26.10.  LIABILITY OF OPERATORS OF MOTOR VEHICLES.  (a)
   11-1  By registering, maintaining, or using a motor vehicle in this
   11-2  state, a person accepts the provisions of this chapter.
   11-3        (b)  Notwithstanding any other law, and except as provided by
   11-4  Subsections (d), (e), and (f) of this article, in an action to
   11-5  recover damages for bodily injury arising out of the use in this
   11-6  state of a motor vehicle, other than a motorcycle, a covered person
   11-7  may not be held liable in tort for covered economic loss or
   11-8  noneconomic loss.
   11-9        (c)  Notwithstanding any other law, and except as provided by
  11-10  Subsections (d), (e), and (f) of this article, a covered person may
  11-11  not recover for covered economic loss arising out of the use of a
  11-12  motorcycle in this state from the owner, operator, or occupant of a
  11-13  motorcycle that is covered by a policy of insurance that meets the
  11-14  requirements of Article 26.03 of this code and the financial
  11-15  responsibility requirements of the Texas Motor Vehicle
  11-16  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  11-17  Statutes).
  11-18        (d)  A covered person may be held liable in tort for the
  11-19  amount of covered economic loss that exceeds $20,000.
  11-20        (e)  A covered person may be held liable for noneconomic loss
  11-21  if the injured person has suffered a serious injury.
  11-22        (f)  Damages for bodily injury arising out of a motor vehicle
  11-23  accident may be recovered if the person against whom damages are
  11-24  sought caused the injury:
  11-25              (1)  intentionally;
   12-1              (2)  while intoxicated; or
   12-2              (3)  while committing a felony, seeking to evade lawful
   12-3  apprehension by a law enforcement official, operating a motor
   12-4  vehicle in a speed contest, or operating or occupying a motor
   12-5  vehicle known by the person to be stolen.
   12-6        (g)  A covered person may not settle an action for bodily
   12-7  injury brought against a noncovered person unless:
   12-8              (1)  the insurer consents in writing;
   12-9              (2)  the settlement is approved by a court of competent
  12-10  jurisdiction; or
  12-11              (3)  a court of competent jurisdiction enters an order
  12-12  for the equitable distribution of the settlement proceeds.
  12-13        (h)  In an action to recover the amount of economic loss that
  12-14  has not been paid or is not payable, or to recover for noneconomic
  12-15  loss, or both, the first $20,000 of economic loss may be pleaded
  12-16  and proved to the extent that it is relevant to the action.
  12-17        Art. 26.11.  PRIMARY COVERAGE.  (a)  Except as provided by
  12-18  Article 26.02(d) of this code, coverage provided by insurance under
  12-19  this chapter is the primary coverage for bodily injury to a named
  12-20  insured or to a member of the named insured's household and must be
  12-21  exhausted before the covered person may collect benefits from a
  12-22  different policy.
  12-23        (b)  A policy form approved by the board for motor vehicle
  12-24  insurance under this chapter may limit or prohibit recovery for one
  12-25  occurrence from more than one coverage or policy or from a coverage
   13-1  or policy and a tort-feasor.
   13-2        (c)  A policy form approved by the board for motor vehicle
   13-3  insurance under this chapter must prohibit multiple recovery for
   13-4  the same elements of loss under the first-party benefits and any
   13-5  other benefits a covered person receives or is entitled to receive
   13-6  from any other source, including social security, workers'
   13-7  compensation, and Medicare.
   13-8        Art. 26.12.  ADDITIONAL BENEFITS.  An insurer may provide
   13-9  benefits broader than or in addition to the minimum benefits
  13-10  provided by this chapter, subject to the rules and forms approved
  13-11  by the board.
  13-12        Art. 26.13.  COVERAGE FOR NONRESIDENT MOTORISTS.  (a)  Each
  13-13  insurer authorized to transact or transacting business in this
  13-14  state, and each insurer controlling, controlled by, or under common
  13-15  control by or with an insurer authorized to transact or transacting
  13-16  business in this state, that sells a policy providing motor vehicle
  13-17  insurance coverage or similar coverage in any state or Canadian
  13-18  province shall include in each policy coverage to satisfy the
  13-19  requirements of Article 26.02 of this code applicable to a motor
  13-20  vehicle covered by the policy when it is used in this state.
  13-21        (b)  A policy sold by an insurer subject to Subsection (a) of
  13-22  this article shall be construed to provide coverage described in
  13-23  Article 26.02(a) of this code.
  13-24        Art. 26.14.  PAYMENT OF FIRST-PARTY BENEFITS.  (a)
  13-25  First-party benefits shall be paid periodically as the claims arise
   14-1  and not later than the 30th day after the date satisfactory proof
   14-2  of loss is received by the insurer.  If proof is not supplied for
   14-3  the entire claim, an amount that is supported by proof shall be
   14-4  paid not later than the 30th day after the date proof is supplied.
   14-5        (b)  If an insurer fails to pay first-party benefits when
   14-6  due, the person entitled to the benefits may bring an action in
   14-7  contract to recover the benefits, and, if the insurer is required
   14-8  to pay the benefits, the person entitled to the benefits is also
   14-9  entitled to recover:
  14-10              (1)  reasonable attorney's fees;
  14-11              (2)  a 12 percent penalty on the amount of benefits
  14-12  due; and
  14-13              (3)  interest on the amount of benefits due, at the
  14-14  rate applicable to judgments under Section 2, Article 1.05, Title
  14-15  79, Revised Statutes (Article 5069-1.05, Vernon's Texas Civil
  14-16  Statutes), from the date on which the benefits become due.
  14-17        Art. 26.15.  RIGHT TO ELECT ARBITRATION.  A policy of motor
  14-18  vehicle insurance must authorize the claimant to elect arbitration
  14-19  of a dispute involving the insurer's liability to pay first-party
  14-20  benefits or additional first-party benefits, the amount of the
  14-21  benefits, or any matter that arises under Article 26.14 of this
  14-22  code.
  14-23        Art. 26.16.  SETTLEMENT BETWEEN INSURERS.  (a)  This article
  14-24  applies only to payment of first-party benefits for injury arising
  14-25  out of a motor vehicle accident involving at least one motor
   15-1  vehicle that:
   15-2              (1)  weighs more than 6,500 pounds unloaded; or
   15-3              (2)  is used primarily for the transportation of
   15-4  persons or property for hire.
   15-5        (b)  For purposes of this article, the weight of a motor
   15-6  vehicle is the actual weight of the fully equipped vehicle, as
   15-7  certified by an official public weigher or a license and weight
   15-8  inspector of the Texas Department of Public Safety.
   15-9        (c)  Except as provided by Subsection (d) of this article, an
  15-10  insurer liable for the payment of first-party benefits, as
  15-11  described by Subsection (a) of this article, to or on behalf of a
  15-12  covered person, has the right to recover from the insurer of any
  15-13  other covered person to the extent that the other covered person
  15-14  would be liable, if Article 26.10 of this code did not bar recovery
  15-15  from the covered person.
  15-16        (d)  An insurer who pays first-party benefits under Article
  15-17  26.02(d) of this code to the occupants of a bus, other than the
  15-18  operator or owner of the bus or employees of the operator or owner,
  15-19  does not have a right to recover the amount of those benefits from
  15-20  the insurer of the bus.
  15-21        (e)  An insurer seeking to recover on a disputed claim
  15-22  arising under Subsection (c) of this article shall submit the
  15-23  controversy to arbitration.
  15-24        (f)  The liability of an insurer imposed by this article does
  15-25  not affect that insurer's obligations under a policy of bodily
   16-1  injury liability insurance.
   16-2        Art. 26.17.  ARBITRATION OF DISPUTES BETWEEN INSURERS.  A
   16-3  dispute between insurers concerning their respective
   16-4  responsibilities for payment of first-party benefits shall be
   16-5  submitted to arbitration.
   16-6        Art. 26.18.  ARBITRATION.  (a)  An arbitration under Article
   16-7  26.15, 26.16, or 26.17 of this code shall be conducted under rules
   16-8  adopted by the board.
   16-9        (b)  An award entered in an arbitration under this article is
  16-10  final and binding on all parties.  Except as provided by Subsection
  16-11  (c) of this article, the parties to the arbitration may not appeal.
  16-12        (c)  A suit to vacate an arbitrator's award must be filed not
  16-13  later than the 30th day after the date of the award or not later
  16-14  than the 30th day after the date the appealing party knew or should
  16-15  have known of a basis for suit under this article, whichever is
  16-16  later.  The suit may not be filed after the first anniversary of
  16-17  the arbitrator's award.  Venue for a suit to vacate an arbitrator's
  16-18  award is in the county in which the arbitration was conducted or
  16-19  where the accident occurred.  In the appeal, the court is confined
  16-20  to the record developed before the arbitrator and may vacate the
  16-21  arbitrator's award only on a finding that:
  16-22              (1)  the award was obtained by corruption, fraud, or
  16-23  misrepresentation;
  16-24              (2)  the decision of the arbitrator was arbitrary and
  16-25  capricious; or
   17-1              (3)  the decision of the arbitrator was not based on
   17-2  substantial evidence.
   17-3        Art. 26.19.  RATE REDUCTION.  (a)  The board shall adjust the
   17-4  benchmark rate set under Subchapter M, Chapter 5, of this code for
   17-5  coverage for bodily injury arising out of the use of a motor
   17-6  vehicle, other than a motorcycle, for all motor vehicle insurance
   17-7  policies under this chapter issued on or after January 1, 1994, and
   17-8  before January 1, 1995, to reflect at least a 12 percent reduction
   17-9  in the benchmark rate for bodily injury liability coverage that was
  17-10  effective on January 1, 1993, distributed among rate
  17-11  classifications in accordance with sound actuarial principles.
  17-12        (b)  The reductions in the benchmark rate required by this
  17-13  article take effect only on a finding by the board that:
  17-14              (1)  the reductions are consistent with encouragement
  17-15  of the prevention of accidents;
  17-16              (2)  the reductions are consistent with consideration
  17-17  of the peculiar hazard and experience of individual risks, past and
  17-18  prospective, in and outside the state, and all other relevant
  17-19  factors, in and outside the state;
  17-20              (3)  the reductions are fair, reasonable, and not
  17-21  confiscatory as to any class of insurer authorized by law to write
  17-22  motor vehicle insurance in this state; and
  17-23              (4)  the statistical data and other information
  17-24  provided to justify the reductions indicate that approval of the
  17-25  reductions is reasonable.
   18-1        SECTION 2.  Subdivision 10, Section 1, Texas Motor Vehicle
   18-2  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   18-3  Statutes), is amended to read as follows:
   18-4              10.  "<Proof of> Financial  Responsibility"--
   18-5                    (A)  in the case of a motor vehicle other than a
   18-6  motorcycle, a motor vehicle insurance policy that meets the
   18-7  requirements of Chapter 26, Insurance Code; or
   18-8                    (B)  in the case of a motorcycle, motorcycle
   18-9  liability insurance indemnifying the owner or operator <Proof of
  18-10  ability to respond in damages> for liability, on account of
  18-11  accidents occurring subsequent to the effective date of the
  18-12  insurance <said proof>, arising out of the ownership, maintenance
  18-13  or use of a motorcycle <motor vehicle>, in the following amounts:
  18-14  <effective January 1, 1984, Fifteen Thousand Dollars ($15,000)
  18-15  because of bodily injury to or death of one person in any one
  18-16  accident, and, subject to said limit for one person, Thirty
  18-17  Thousand Dollars ($30,000) because of bodily injury to or death of
  18-18  two (2) or more persons in any one accident, and Fifteen Thousand
  18-19  Dollars ($15,000) because of injury to or destruction of property
  18-20  of others in any one accident and effective January 1, 1986,>
  18-21  Twenty Thousand Dollars ($20,000) because of bodily injury to or
  18-22  death of one person in any one accident, and, subject to said limit
  18-23  for one person, Forty Thousand Dollars ($40,000) because of bodily
  18-24  injury to or death of two (2) or more persons in any one accident,
  18-25  and Fifteen Thousand Dollars ($15,000) because of injury to or
   19-1  destruction of property of others in any one accident; provided
   19-2  that the policy<.  The proof of ability to respond in damages> may
   19-3  exclude the first Two Hundred Fifty Dollars ($250) of liability for
   19-4  bodily injury to or death of any one person in any one accident,
   19-5  and, subject to that exclusion for one person, may exclude the
   19-6  first Five Hundred Dollars ($500) of liability for the bodily
   19-7  injury to or death of two (2) or more persons in any one accident
   19-8  and may exclude the first Two Hundred Fifty Dollars ($250) of
   19-9  liability for the injury to or destruction of property of others in
  19-10  any one accident.
  19-11        SECTION 3.  Section 1, Texas Motor Vehicle
  19-12  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  19-13  Statutes), is amended by adding Subdivision 15 to read as follows:
  19-14              15.  "Motorcycle" means each motor vehicle that has a
  19-15  saddle for the use of the rider and is designed to propel itself
  19-16  with not more than three wheels in contact with the ground.  The
  19-17  term does not include a tractor or any three-wheeled vehicle
  19-18  equipped with a cab, seat, and seat belt and designed to contain
  19-19  the operator of the vehicle in the cab.
  19-20        SECTION 4.  Section 1A, Texas Motor Vehicle
  19-21  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  19-22  Statutes), is amended by amending Subsections (a) and (d) and
  19-23  adding Subsection (a-1) to read as follows:
  19-24        (a)  A person may not operate a motor vehicle in this state,
  19-25  other than a motorcycle, unless:
   20-1              (1)  the motor vehicle is a covered vehicle on a policy
   20-2  of motor vehicle insurance that meets the requirements of Chapter
   20-3  26, Insurance Code; or
   20-4              (2)  the operator is a named insured, or a member of a
   20-5  named insured's household, on a policy of motor vehicle insurance
   20-6  that meets the requirements of Chapter 26, Insurance Code.
   20-7        (a-1)  A person may not operate a motorcycle in this state
   20-8  unless a policy of motorcycle liability insurance <On and after
   20-9  January 1, 1982, no motor vehicle may be operated in this State
  20-10  unless a policy of automobile liability insurance> in at least the
  20-11  minimum amounts to provide evidence of financial responsibility
  20-12  under this Act is in effect to insure against potential losses
  20-13  which may arise out of the operation of the motorcycle.  The
  20-14  insurance must also provide benefits under Article 26.03, Insurance
  20-15  Code <that vehicle>.
  20-16        (d)  Subsection (b) of this section may not be construed to
  20-17  exempt a person who is operating a vehicle for which title is held
  20-18  in the name of a volunteer fire department from the <liability>
  20-19  insurance requirements of this Act.
  20-20        SECTION 5.  Section 1B(a), Texas Motor Vehicle
  20-21  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  20-22  Statutes), is amended to read as follows:
  20-23        (a)  As a condition of operating a motor vehicle in this
  20-24  state, the operator of the motor vehicle shall furnish, on request
  20-25  of a peace officer or a person involved in an accident with the
   21-1  operator:
   21-2              (1)  a motor vehicle <liability> insurance policy in at
   21-3  least the minimum amounts required by this Act, or a photocopy of
   21-4  that policy, that covers the vehicle;
   21-5              (2)  a standard proof of motor vehicle <liability>
   21-6  insurance form promulgated by the Texas Department of Insurance and
   21-7  issued by an <a liability> insurer that:
   21-8                    (A)  includes the name of the insurer;
   21-9                    (B)  includes the insurance policy number;
  21-10                    (C)  includes the policy period;
  21-11                    (D)  includes the name and address of each
  21-12  insured;
  21-13                    (E)  includes the policy benefits and liability
  21-14  limits or a statement that the coverage of the policy complies with
  21-15  at least the minimum amounts of motor vehicle <liability> insurance
  21-16  coverage required by this Act; and
  21-17                    (F)  includes the make and model of each covered
  21-18  vehicle;
  21-19              (3)  an insurance binder that confirms that the
  21-20  operator is in compliance with this Act;
  21-21              (4)  a certificate or copy of a certificate issued by
  21-22  the department that shows the vehicle is covered by self-insurance;
  21-23              (5)  a certificate issued by the state treasurer that
  21-24  shows that the owner of the vehicle has on deposit with the
  21-25  treasurer money or securities in at least the amount required by
   22-1  Section 25 of this Act;
   22-2              (6)  a certificate issued by the department that shows
   22-3  that the vehicle is a vehicle for which a bond is on file with the
   22-4  department as provided by Section 24 of this Act; or
   22-5              (7)  a copy of a certificate issued by the county judge
   22-6  of a county in which the vehicle is registered that shows that the
   22-7  owner of the vehicle has on deposit with the county judge cash or a
   22-8  cashier's check in at least the amount required by Section 1A(b)(6)
   22-9  of this Act.
  22-10        SECTION 6.  Section 1D, Texas Motor Vehicle
  22-11  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  22-12  Statutes), is amended to read as follows:
  22-13        Sec. 1D.  It is a defense to prosecution under this Act if
  22-14  the person charged produces in court a motor vehicle <an automobile
  22-15  liability> insurance policy or a certificate of self-insurance
  22-16  previously issued to that person that was valid at the time that
  22-17  the offense is alleged to have occurred and the charge shall be
  22-18  dismissed.
  22-19        SECTION 7.  Section 1E, Texas Motor Vehicle
  22-20  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  22-21  Statutes), is amended to read as follows:
  22-22        Sec. 1E.  When notified of an accident by the Department in
  22-23  which an owner or operator has reported evidence of financial
  22-24  responsibility with an insurance company, the insurance company so
  22-25  notified shall be required to respond to the Department only if
   23-1  there is not a policy of motor vehicle <liability> insurance in
   23-2  effect, as reported.
   23-3        SECTION 8.  Sections  1F(a) and (f), Texas Motor Vehicle
   23-4  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   23-5  Statutes), are amended to read as follows:
   23-6        (a)  The department shall suspend the driver's license and
   23-7  motor vehicle registration of a person convicted of an offense
   23-8  under Section 1C(a) of this Act, if a prior conviction of the
   23-9  person under Section 1C(a) of this Act has been previously reported
  23-10  to the department by a magistrate or the judge or clerk of a court,
  23-11  unless the person establishes and maintains proof of financial
  23-12  responsibility for two years from the date of the second or
  23-13  subsequent conviction.  The requirement for filing proof of
  23-14  financial responsibility may be waived if satisfactory evidence is
  23-15  filed with the Department that the party convicted was at the time
  23-16  of arrest covered by a policy of motor vehicle <liability>
  23-17  insurance or was otherwise exempt as provided in Section 1A <1A(b)>
  23-18  of this Act.
  23-19        (f)  The following evidence of financial responsibility or a
  23-20  photocopy of the evidence satisfies the requirement of Subsection
  23-21  (e) of this section:
  23-22              (1)  a motor vehicle <liability> insurance policy in at
  23-23  least the minimum amounts required by this Act to provide proof of
  23-24  financial responsibility covering at least the period required by
  23-25  Subsection (e) of this section;
   24-1              (2)  a standard proof of motor vehicle <liability>
   24-2  insurance form promulgated by the Texas Department of Insurance and
   24-3  issued by an <a liability> insurer that includes:
   24-4                    (A)  the name of the insurer;
   24-5                    (B)  the insurance policy number;
   24-6                    (C)  the policy period, which must equal or
   24-7  exceed the period required by Subsection (e) of this section;
   24-8                    (D)  the name and address of each insured; and
   24-9                    (E)  the policy limits or a statement that the
  24-10  coverage of the policy complies with at least the minimum amounts
  24-11  of motor vehicle <liability> insurance coverage required by this
  24-12  Act;
  24-13              (3)  an insurance binder that confirms to the
  24-14  satisfaction of the court that the defendant is in compliance with
  24-15  this Act for at least the period required by Subsection (e) of this
  24-16  section;
  24-17              (4)  a copy of a certificate issued by the Department
  24-18  of Public Safety that shows that the vehicle to be registered is
  24-19  covered by self-insurance;
  24-20              (5)  a certificate issued by the state treasurer that
  24-21  shows that the owner of the vehicle has on deposit with the
  24-22  treasurer money or securities in at least the amount required by
  24-23  Section 25 of this Act;
  24-24              (6)  a certificate issued by the Department that shows
  24-25  that the vehicle is a vehicle for which a bond is on file with the
   25-1  Department as provided by Section 24 of this Act; or
   25-2              (7)  a copy of a certificate issued by the county judge
   25-3  of a county in which the vehicle is registered that shows that the
   25-4  owner of the vehicle has on deposit with the county judge cash or a
   25-5  cashier's check in at least the amount required by Section 1A(b)(6)
   25-6  of this Act.
   25-7        SECTION 9.  Section 1H(a), Texas Motor Vehicle
   25-8  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   25-9  Statutes), is amended to read as follows:
  25-10        (a)  If a person is unable to furnish evidence of financial
  25-11  responsibility to a law enforcement officer under Section 1B of
  25-12  this Act and the officer issues the person a citation for an
  25-13  offense under Section 1C(a)(1) of this Act, the citation must
  25-14  include in type larger than other type appearing on the citation
  25-15  the following:  "A second or subsequent conviction of an offense
  25-16  under the Texas Motor Vehicle Safety-Responsibility Act will result
  25-17  in the suspension of your driver's license and motor vehicle
  25-18  registration unless you file and maintain proof of financial
  25-19  responsibility with the Department of Public Safety for two years
  25-20  from the date of conviction.  The Department may waive the
  25-21  requirement to file proof of financial responsibility if you file
  25-22  satisfactory evidence with the Department showing that at the time
  25-23  this citation was issued, the vehicle was covered by a motor
  25-24  vehicle <liability> insurance policy or that you were otherwise
  25-25  exempt from the requirements to provide evidence of financial
   26-1  responsibility."
   26-2        SECTION 10.  Section 5(c), Texas Motor Vehicle
   26-3  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   26-4  Statutes), is amended to read as follows:
   26-5        (c)  This section shall not apply under the conditions stated
   26-6  in Section 6 nor:
   26-7              1.  To a motor vehicle operator or owner against whom
   26-8  the Department or a person presiding at a hearing finds there is
   26-9  not a reasonable probability of a judgment being rendered as a
  26-10  result of the accident;
  26-11              2.  To such operator or owner if such owner had in
  26-12  effect at the time of such accident a motor vehicle insurance
  26-13  <liability> policy with respect to the motor vehicle involved in
  26-14  such accident;
  26-15              3.  To such operator, if not the owner of such motor
  26-16  vehicle, if there was in effect at the time of such accident a
  26-17  motor vehicle insurance <liability> policy or bond with respect to
  26-18  his operation of motor vehicles not owned by him;
  26-19              4.  To any person employed by the government of the
  26-20  United States, when such person is acting within the scope or
  26-21  office of his employment;
  26-22              5.  To such operator or owner if the liability of such
  26-23  operator or owner for damages resulting from such accident is, in
  26-24  the judgment of the Department, covered by any other form of
  26-25  liability insurance policy or bond; nor
   27-1              6.  To any person qualifying as a self-insurer under
   27-2  Section 34 of this Act, or to any person operating a motor vehicle
   27-3  for such self-insurer.
   27-4        No such policy or bond shall be effective under this section
   27-5  or under Section 7 unless issued by an insurance company or surety
   27-6  company authorized to write motor vehicle liability insurance in
   27-7  this State, except that if such motor vehicle was not registered in
   27-8  this State, or was a motor vehicle which was registered elsewhere
   27-9  than in this State at the effective date of the policy, or the most
  27-10  recent renewal thereof, such policy or bond shall not be effective
  27-11  under this section unless the insurance company or surety company
  27-12  if not authorized to do business in this State shall execute a
  27-13  power of attorney authorizing the Department to accept service on
  27-14  its behalf of notice or process in any action upon such policy or
  27-15  bond arising out of such accident; providing, however, every such
  27-16  policy or bond is subject, if the accident has resulted in bodily
  27-17  injury or death, to a limit, exclusive of interest and costs, as
  27-18  follows:  <effective January 1, 1984, not less than Fifteen
  27-19  Thousand Dollars ($15,000) because of bodily injury to or death of
  27-20  one person in any one accident and, subject to said limit for one
  27-21  person, to a limit of not less than Thirty Thousand Dollars
  27-22  ($30,000) because of bodily injury to or death of two (2) or more
  27-23  persons in any one accident, and, if the accident has resulted in
  27-24  injury to or destruction of property, to a limit of not less than
  27-25  Fifteen Thousand Dollars ($15,000) because of injury to or
   28-1  destruction of property of others in any one accident and effective
   28-2  January 1, 1986,> not less than Twenty Thousand Dollars ($20,000)
   28-3  because of bodily injury to or death of one person in any one
   28-4  accident, and, subject to said limit for one person, to a limit of
   28-5  not less than Forty Thousand Dollars ($40,000) because of bodily
   28-6  injury to or death of two (2) or more persons in any one accident,
   28-7  and, if the accident has resulted in injury to or destruction of
   28-8  property, to a limit of not less than Fifteen Thousand Dollars
   28-9  ($15,000) because of injury to or destruction of property of others
  28-10  in any one accident.  The policy or bond may exclude coverage of
  28-11  the first Two Hundred Fifty Dollars ($250) of liability for bodily
  28-12  injury to or death of any one person in any one accident, and,
  28-13  subject to that exclusion for one person, may exclude coverage for
  28-14  the first Five Hundred Dollars ($500) of liability for the bodily
  28-15  injury to or death of two (2) or more persons in any one accident
  28-16  and may exclude coverage for the first Two Hundred Fifty Dollars
  28-17  ($250) of liability for the injury to or destruction of property of
  28-18  others in any one accident.
  28-19              7.  Wherever the word "bond" appears in this section or
  28-20  this Act, it shall mean a bond filed with and approved by the
  28-21  Department of Public Safety.
  28-22        SECTION 11.  Section 8(c), Texas Motor Vehicle
  28-23  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  28-24  Statutes), is amended to read as follows:
  28-25        (c)  Upon receipt of certification by the Department that the
   29-1  operating privilege of a Texas resident has been suspended or
   29-2  revoked in another state pursuant to a law providing for its
   29-3  suspension or revocation for failure to deposit security for the
   29-4  payment of judgments arising out of a motor vehicle accident, for
   29-5  failure to satisfy any judgment, or for failure to file proof of
   29-6  financial responsibility, the Department shall contact the official
   29-7  who issued the certification and request information pertaining to
   29-8  the specific nature of the Texas resident's noncompliance.  If the
   29-9  alleged noncompliance is based on the failure of the Texas
  29-10  resident's insurance company or surety company to obtain
  29-11  authorization to write motor vehicle <liability> insurance in the
  29-12  other state and for failure of the insurance or surety company to
  29-13  execute a power of attorney directing the appropriate official in
  29-14  the other state to accept service on its behalf of notice or
  29-15  process in any action upon the policy arising out of the accident,
  29-16  then the Department shall not suspend the Texas resident's license
  29-17  and other registrations.  If the evidence shows that the Texas
  29-18  resident's operating privilege was suspended in the other state for
  29-19  any other violation of another state's laws providing for
  29-20  suspension or revocation for failure to deposit security for the
  29-21  payment of judgments arising out of motor vehicle accidents, for
  29-22  failure to satisfy any judgment, or for failure to file proof of
  29-23  financial responsibility, under circumstances that would require
  29-24  the Department to suspend a nonresident's operating privilege had
  29-25  the accident occurred in this state, then the Department shall
   30-1  suspend the Texas resident's license and registrations.  The
   30-2  suspension shall continue until the resident furnishes evidence of
   30-3  his compliance with the law of the other state relating to the
   30-4  deposit of security, satisfaction of judgment, or proof of
   30-5  financial responsibility.
   30-6        SECTION 12.  Section 19(a), Texas Motor Vehicle
   30-7  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   30-8  Statutes), is amended to read as follows:
   30-9        (a)  Proof of financial responsibility may be furnished by
  30-10  filing with the Department the certificate of any insurance company
  30-11  duly authorized to write motor vehicle <liability> insurance in
  30-12  this State certifying that there is in effect a motor vehicle
  30-13  insurance <liability> policy for the benefit of the person required
  30-14  to furnish proof of financial responsibility.  Such certificate
  30-15  shall give the effective date of such motor vehicle insurance
  30-16  <liability> policy, which date shall be the same as the effective
  30-17  date of the certificate, and shall cover all motor vehicles owned
  30-18  by the individual required to make such filing as covered by the
  30-19  <liability> insurance policy, unless the policy is issued to a
  30-20  person who is not the owner of a motor vehicle.  In the case of a
  30-21  motor vehicle other than a motorcycle, the certificate must state
  30-22  that the policy meets the requirements of Chapter 26, Insurance
  30-23  Code.  In the case of a motorcycle, the certificate must state that
  30-24  the policy meets the requirements of Article 26.03, Insurance Code,
  30-25  and provides motorcycle liability coverage that meets the
   31-1  requirements of Section 21 of this Act.
   31-2        SECTION 13.  Section 20(a), Texas Motor Vehicle
   31-3  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   31-4  Statutes), is amended to read as follows:
   31-5        (a)  The non-resident owner or operator of a motor vehicle
   31-6  not registered in this State may give proof of financial
   31-7  responsibility by filing with the Department a certificate or
   31-8  certificates of an insurance company authorized to transact
   31-9  business in the state in which the motor vehicle or motor vehicles
  31-10  covered in such certificate are registered, or if such non-resident
  31-11  does not own a motor vehicle, then in the state in which the
  31-12  insured resides, provided such certificate otherwise conforms to
  31-13  the provisions of this Act, and the Department shall accept the
  31-14  same upon condition that said insurance company complies with the
  31-15  following provisions with respect to the policies so certified:
  31-16              1.  Said insurance company shall execute a power of
  31-17  attorney authorizing the Department to accept service on its behalf
  31-18  of notice or process in any action arising out of a motor vehicle
  31-19  accident in this State;
  31-20              2.  Said insurance company shall agree in writing that:
  31-21                    (A)  in the case of a motor vehicle other than a
  31-22  motorcycle, the policy meets the requirements of Chapter 26,
  31-23  Insurance Code; or
  31-24                    (B)  in the case of a motorcycle, the policy
  31-25  meets the requirements of Article 26.03, Insurance Code, and
   32-1  provides motorcycle liability coverage that meets the requirements
   32-2  of Section 21 of this Act <such policies shall be deemed to conform
   32-3  with the laws of this State relating to the terms of motor vehicle
   32-4  liability policies issued herein>.
   32-5        SECTION 14.  Section 21, Texas Motor Vehicle
   32-6  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   32-7  Statutes), is amended to read as follows:
   32-8        Sec. 21.  MOTORCYCLE <MOTOR VEHICLE> LIABILITY POLICY
   32-9  DEFINED.  (a)  A "motorcycle <motor vehicle> liability policy" as
  32-10  said term is used in this Act shall mean an owner's or an
  32-11  operator's policy of liability insurance, certified as provided in
  32-12  Section 19 or Section 20 as proof of financial responsibility, and
  32-13  issued, except as otherwise provided in Section 20, by an insurance
  32-14  company duly authorized to write motor vehicle liability insurance
  32-15  in this State, to or for the benefit of the person named therein as
  32-16  insured.
  32-17        (b)  An <Such> owner's policy of liability insurance under
  32-18  this Section:
  32-19              1.  Shall cover all motorcycles <motor vehicles> with
  32-20  respect to which coverage is thereby to be granted; and
  32-21              2.  Shall pay on behalf of the insured named therein
  32-22  and any other person, as insured, using any motorcycle covered by
  32-23  the policy <such motor vehicle or motor vehicles> with the express
  32-24  or implied permission of such named insured, all sums which the
  32-25  insured shall become legally obligated to pay as damages arising
   33-1  out of the ownership, maintenance or use of the motorcycle <such
   33-2  motor vehicle or motor vehicles> within the United States of
   33-3  America or the Dominion of Canada, subject to limits exclusive of
   33-4  interest and costs, with respect to each motorcycle <such motor
   33-5  vehicle>, as set out in Subdivision (6) of Subsection (c) of
   33-6  Section 5 of this Act.  The policy may exclude coverage of the
   33-7  first Two Hundred Fifty Dollars ($250) of liability for bodily
   33-8  injury to or death of any one person in any one accident, and,
   33-9  subject to that exclusion for one person, may exclude coverage for
  33-10  the first Five Hundred Dollars ($500) of liability for the bodily
  33-11  injury to or death of two (2) or more persons in any one accident
  33-12  and may exclude coverage for the first Two Hundred Fifty Dollars
  33-13  ($250) of liability for the injury to or destruction of property of
  33-14  others in any one accident.
  33-15        (c)  An <Such> operator's policy of liability insurance under
  33-16  this Section shall pay on behalf of the insured named therein all
  33-17  sums which the insured shall become legally obligated to pay as
  33-18  damages arising out of the use by him of any motorcycle <motor
  33-19  vehicle> not owned by him, within the same territorial limits and
  33-20  subject to the same limits of liability as are set forth above with
  33-21  respect to an owner's policy of liability insurance.
  33-22        (d)  A motorcycle <Such motor vehicle> liability policy under
  33-23  this Section shall state the name and address of the named insured,
  33-24  the coverage afforded by the policy, the premium charged therefor,
  33-25  the policy period and the limits of liability, and shall contain an
   34-1  agreement or be endorsed that insurance is provided thereunder in
   34-2  accordance with the coverage defined in this Act as respects bodily
   34-3  injury and death or property damage, or both, and is subject to all
   34-4  the provisions of this Act.
   34-5        (e)  A motorcycle <Such motor vehicle> liability policy under
   34-6  this Section shall not insure:
   34-7              1.  Any obligation for which the insured or any company
   34-8  as his insurer may be held liable under any workmen's compensation
   34-9  law;
  34-10              2.  Any liability on account of bodily injury to or
  34-11  death of any employee of the insured while engaged in the
  34-12  employment, other than domestic, of the insured, or in domestic
  34-13  employment if benefits therefor are either payable or required to
  34-14  be provided under any workmen's compensation law; nor
  34-15              3.  Any liability because of injury to or destruction
  34-16  of property owned by, rented to, in charge of or transported by the
  34-17  insured.
  34-18        (f)  Every motorcycle <motor vehicle> liability policy under
  34-19  this Section is <shall be> subject to the following provisions
  34-20  which need not be contained therein:
  34-21              1.  The liability of the insurance company with respect
  34-22  to the insurance required by this Act shall become absolute
  34-23  whenever injury or damage covered by the <said motor vehicle
  34-24  liability> policy occurs; the <said> policy may not be canceled or
  34-25  annulled as to such liability by any agreement between the
   35-1  insurance company and the insured after the occurrence of the
   35-2  injury or damage; no statement made by the insured or on his behalf
   35-3  and no violation of said policy shall defeat or void said policy;
   35-4              2.  The satisfaction by the insured of a judgment for
   35-5  such injury or damage shall not be a condition precedent to the
   35-6  right or duty of the insurance company to make payment on account
   35-7  of such injury or damage;
   35-8              3.  The insurance company shall have the right to
   35-9  settle any claim covered by the policy, and if such settlement is
  35-10  made in good faith, the amount thereof shall be deductible from the
  35-11  limits of liability specified in Subdivision 2 of Subsection (b) of
  35-12  this Section;
  35-13              4.  The policy, the written application therefor, if
  35-14  any, and any rider or endorsement which does not conflict with the
  35-15  provisions of the Act shall constitute the entire contract between
  35-16  the parties.
  35-17        (g)  Any policy which grants the coverage required for a
  35-18  motorcycle <motor vehicle> liability policy under this Section may
  35-19  also grant any lawful coverage in excess of or in addition to the
  35-20  coverage specified for a motorcycle <motor vehicle> liability
  35-21  policy and such excess or additional coverage shall not be subject
  35-22  to the provisions of this Act.  With respect to a policy which
  35-23  grants such excess or additional coverage the term "motorcycle
  35-24  <motor vehicle> liability policy" shall apply only to that part of
  35-25  the coverage which is required by this Section.
   36-1        (h)  Any motorcycle <motor vehicle> liability policy may
   36-2  provide that the insured shall reimburse the insurance company for
   36-3  any payment the insurance company would not have been obligated to
   36-4  make under the terms of the policy except for the provisions of
   36-5  this Act.
   36-6        (i)  Any motorcycle <motor vehicle> liability policy may
   36-7  provide for the prorating of the insurance thereunder with other
   36-8  valid and collectible insurance.
   36-9        (j)  The requirements for a motorcycle <motor vehicle>
  36-10  liability policy may be fulfilled by the policies of one (1) or
  36-11  more insurance companies which policies together meet such
  36-12  requirements.
  36-13        (k)  Any binder issued pending the issuance of a motorcycle
  36-14  <motor vehicle> liability policy shall be deemed to fulfill the
  36-15  requirements for such a policy.
  36-16        SECTION 15.  Section 22, Texas Motor Vehicle
  36-17  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  36-18  Statutes), is amended to read as follows:
  36-19        Sec. 22.  Notice of Cancellation or Termination of Certified
  36-20  Policy.  When an insurance company has certified a motor vehicle
  36-21  insurance <liability> policy under Section 19 or a policy under
  36-22  Section 20, the insurance so certified shall not be canceled or
  36-23  terminated until at least five (5) days after a notice of
  36-24  cancellation or termination of the insurance so certified shall be
  36-25  received in the office of the Department, except that such a policy
   37-1  subsequently procured and certified shall, on the effective date of
   37-2  its certification, terminate the insurance previously certified.
   37-3        SECTION 16.  Section 24(a), Texas Motor Vehicle
   37-4  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   37-5  Statutes), is amended to read as follows:
   37-6        (a)  Proof of financial responsibility may be furnished by
   37-7  filing a bond with the Department, accompanied by the statutory
   37-8  recording fee of the County Clerk to cover the cost of recordation
   37-9  of the notice provided for herein, and with at least two (2)
  37-10  individual sureties each owning real estate within this State,  not
  37-11  exempt under the Constitution or laws of the State of Texas, and
  37-12  together having equities equal in value to at least twice the
  37-13  amount of such bond.  Such real estate shall be scheduled in the
  37-14  bond approved by a judge of a court of record, and shall be
  37-15  certified by the tax assessor and collector of the county where the
  37-16  property is situated as being free from any tax liens.  Such bond
  37-17  shall be conditioned for payments in amounts and under the same
  37-18  circumstances as would be required in a motorcycle <motor vehicle>
  37-19  liability policy, except that the bond is applicable to sums that
  37-20  the person covered by the bond may become legally obligated to pay
  37-21  as damages arising out of the ownership, maintenance, or use of any
  37-22  motor vehicle.  The bond may  <and shall> not be cancelable except
  37-23  after five (5) days written notice is received by the Department,
  37-24  but cancellation shall not prevent recovery with respect to any
  37-25  right or cause of action arising prior to the date of cancellation.
   38-1  On filing of a valid bond, the Department shall issue to the person
   38-2  named as principal in the bond a certificate of compliance with
   38-3  this section.  Such bond shall constitute a lien in favor of the
   38-4  State upon the real estate so scheduled of any surety, which lien
   38-5  shall exist in favor of any holder of a final judgment against the
   38-6  person who has filed such bond.  Notice to that effect, which shall
   38-7  include a description of the real estate scheduled in the bond,
   38-8  shall be filed by the Department in the office of the County Clerk
   38-9  of the county where such real estate is situated.  Such notice
  38-10  shall be accompanied by the statutory fee for the services of the
  38-11  County Clerk in connection with the recordation of such notice, and
  38-12  the County Clerk or his deputy, upon receipt of such notice, shall
  38-13  acknowledge and cause the same to be recorded in the lien records.
  38-14  Recordation shall constitute notice as provided by the statutes
  38-15  governing the recordation of liens on real estate.
  38-16        SECTION 17.  Section 34, Texas Motor Vehicle
  38-17  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  38-18  Statutes), is amended to read as follows:
  38-19        Sec. 34.  Self-Insurers.  (a)  Any person in whose name more
  38-20  than 25 motor vehicles are registered may qualify as a self-insurer
  38-21  by obtaining a certificate of self-insurance issued by the
  38-22  Department as provided in Subsection (b) of this Section.
  38-23        (b)  An applicant for a certificate of self-insurance shall
  38-24  submit to the Department, in a form approved by the Department, an
  38-25  undertaking binding the person to provide benefits for bodily
   39-1  injury meeting the requirements of Chapter 26, Insurance Code.  The
   39-2  Department may, in its discretion, <upon the application of a
   39-3  person,> issue a certificate of self-insurance when it is satisfied
   39-4  that such person is possessed and will continue to be possessed of
   39-5  ability to pay benefits meeting the requirements of Chapter 26,
   39-6  Insurance Code, or judgments for property damage obtained against
   39-7  such person.
   39-8        (c)  Upon not less than five (5) days notice and a hearing
   39-9  pursuant to such notice, the Department may upon reasonable grounds
  39-10  cancel a certificate of self-insurance.  Failure to pay any
  39-11  required benefit or judgment within thirty (30) days after the
  39-12  injured person has supplied proof of loss or the <such> judgment
  39-13  becomes <shall have become> final is <shall constitute> a
  39-14  <reasonable> ground for the cancellation of a certificate of
  39-15  self-insurance.
  39-16        SECTION 18.  Section 35, Texas Motor Vehicle
  39-17  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  39-18  Statutes), is amended to read as follows:
  39-19        Sec. 35.  Assigned Risk Plan.  (a)  Subject to the provisions
  39-20  of Article 5.10, <Texas> Insurance Code <of 1951, as amended>,
  39-21  insurance companies authorized to issue motor vehicle insurance
  39-22  <liability> policies in this state may establish an administrative
  39-23  agency and make necessary reasonable rules in connection therewith,
  39-24  relative to the formation of a plan and procedure to provide a
  39-25  means by which insurance may be assigned to an authorized insurance
   40-1  company for a person required by this Act to show proof of
   40-2  financial responsibility for the future and who is in good faith
   40-3  entitled to motor vehicle <liability> insurance in this state but
   40-4  is unable to secure it through ordinary methods; or, in amounts not
   40-5  to exceed the limits prescribed in Chapter 26, Insurance Code
   40-6  <Section 21(b)2 of this law>, for any unit of government within the
   40-7  State of Texas which, acting in good faith, is unable to secure
   40-8  motor vehicle <liability> insurance in this state through ordinary
   40-9  methods; and may establish a plan and procedure for the equitable
  40-10  apportionment among such authorized companies of applicants for
  40-11  such policies and for motor vehicle insurance <liability> policies,
  40-12  including, but not limited to, voluntary agreements by insurance
  40-13  companies to accept such assignments.  When any such plan has been
  40-14  approved by the State Board of Insurance, all insurance companies
  40-15  authorized to issue motor vehicle insurance <liability> policies in
  40-16  the State of Texas shall subscribe thereto and participate therein.
  40-17        (b)  The State Board of Insurance, in addition to the
  40-18  provisions prescribed by Subchapter A, Chapter 5, <Texas> Insurance
  40-19  Code <of 1951, as amended>, may determine, fix, prescribe,
  40-20  promulgate, change, and amend rates or minimum premiums normally
  40-21  applicable to a risk so as to apply to any and every assignment
  40-22  such rates and minimum premiums as are commensurate with the
  40-23  greater hazard of the risk, considering in connection therewith the
  40-24  experience, physical or other conditions of such risk of the person
  40-25  or municipality applying for insurance under any such plan.
   41-1        (c)  The State Board of Insurance may adjust the benchmark
   41-2  rate promulgated under Subchapter M, Chapter 5, Insurance Code,
   41-3  that is applicable to insurance written under this section to
   41-4  reflect the greater hazard of risks insured under this section.
   41-5  This section expires December 31, 1995.
   41-6        SECTION 19.  Sections 2a(d) and (e), Chapter 88, General
   41-7  Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
   41-8  (Article 6675a-2a, Vernon's Texas Civil Statutes), are amended to
   41-9  read as follows:
  41-10        (d)  The following evidence of financial responsibility or a
  41-11  photocopy of the evidence satisfies the requirement of this
  41-12  section:
  41-13              (1)  a motor vehicle <liability> insurance policy or
  41-14  <liability> self-insurance or pool coverage document issued by a
  41-15  political subdivision or governmental pool pursuant to the
  41-16  authority contained in Chapter 791, Government Code <The Interlocal
  41-17  Cooperation Act (Article 4413(32c), Vernon's Texas Civil
  41-18  Statutes)>, Chapter 119, Local Government Code, or other applicable
  41-19  law in at least the minimum amounts required by the Texas Motor
  41-20  Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
  41-21  Civil Statutes) to provide proof of financial responsibility
  41-22  covering at least the period required by Subsection (a) of this
  41-23  section;
  41-24              (2)  a standard proof of motor vehicle insurance
  41-25  <liability> form promulgated by the Texas Department of Insurance
   42-1  and issued by an <a liability> insurer that includes:
   42-2                    (A)  the name of the insurer;
   42-3                    (B)  the insurance policy or other coverage
   42-4  document number;
   42-5                    (C)  the policy or other coverage document
   42-6  coverage period;
   42-7                    (D)  the name and address of each insured or
   42-8  covered person;
   42-9                    (E)  the policy or other coverage document
  42-10  benefits and liability limits or a statement that the coverage of
  42-11  the policy complies with at least the minimum amounts of motor
  42-12  vehicle <liability> insurance coverage required by the Texas Motor
  42-13  Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
  42-14  Civil Statutes); and
  42-15                    (F)  the make and model of each covered vehicle;
  42-16              (3)  an insurance binder that confirms to the
  42-17  satisfaction of the county tax collector that the owner of the
  42-18  motor vehicle to be registered is in compliance with the Texas
  42-19  Motor Vehicle Safety-Responsibility Act (Article 6701h, Vernon's
  42-20  Texas Civil Statutes) for at least the period required by
  42-21  Subsection (a) of this section;
  42-22              (4)  a copy of a certificate issued by the Department
  42-23  of Public Safety that shows that the vehicle to be registered is
  42-24  covered by self-insurance;
  42-25              (5)  a certificate issued by the state treasurer that
   43-1  shows that the owner of the vehicle has on deposit with the
   43-2  treasurer money or securities in at least the amount required by
   43-3  Section 25 of the Texas Motor Vehicle Safety-Responsibility Act
   43-4  (Article 6701h, Vernon's Texas Civil Statutes);
   43-5              (6)  a certificate issued by the Department of Public
   43-6  Safety that shows that the vehicle is a vehicle for which a bond is
   43-7  on file with the Department as provided by Section 24 of the Texas
   43-8  Motor Vehicle Safety-Responsibility Act (Article 6701h, Vernon's
   43-9  Texas Civil Statutes); or
  43-10              (7)  a copy of a certificate issued by the county judge
  43-11  of a county in which the vehicle is registered that shows that the
  43-12  owner of the vehicle has on deposit with the county judge cash or a
  43-13  cashier's check in at least the amount required by Section 1A(b)(6)
  43-14  of the Texas Motor Vehicle Safety-Responsibility Act (Article
  43-15  6701h, Vernon's Texas Civil Statutes).
  43-16        (e)  At the time the county tax collector registers a motor
  43-17  vehicle, the tax collector shall provide to the person registering
  43-18  the motor vehicle a separate document that contains a statement
  43-19  that the motor vehicle being registered may not be operated in this
  43-20  state unless motor vehicle <liability> insurance coverage for the
  43-21  vehicle in at least the minimum amounts required by law remains in
  43-22  effect to insure against potential losses or unless the motor
  43-23  vehicle is exempt from the insurance requirement by Section
  43-24  1A<(b)>, Texas Motor Vehicle Safety-Responsibility Act (Article
  43-25  6701h, Vernon's Texas Civil Statutes).
   44-1        SECTION 20.  Article 5.01(e), Insurance Code, is amended to
   44-2  read as follows:
   44-3        (e)  Motor vehicle or automobile insurance as referred to in
   44-4  this subchapter means <shall be taken and construed to mean> every
   44-5  form of insurance on any automobile or other vehicle hereinafter
   44-6  enumerated and its operating equipment or necessitated by reason of
   44-7  the liability imposed by law for damages arising out of the
   44-8  ownership, operation, maintenance, or use in this State of any
   44-9  automobile, motorcycle, motorbicycle, truck, truck-tractor,
  44-10  tractor, traction engine, or any other self-propelled vehicle, and
  44-11  including also every vehicle, trailer or semi-trailer pulled or
  44-12  towed by a motor vehicle, but excluding every motor vehicle running
  44-13  only upon fixed rails or tracks.  Workers' Compensation Insurance
  44-14  is excluded from the foregoing definition, but motor vehicle
  44-15  insurance under Chapter 26 of this code is included.
  44-16        SECTION 21.  Article 5.01B(a), Insurance Code, is amended to
  44-17  read as follows:
  44-18        (a)  Information filed or otherwise provided by an insurer to
  44-19  the State Board of Insurance for the purpose of determining,
  44-20  fixing, prescribing, promulgating, altering, or amending commercial
  44-21  automobile <liability> insurance rates under Article 5.01 of this
  44-22  code, obtaining a rate deviation under Article 5.03 of this code,
  44-23  or reporting losses under Article 5.04-1 of this code is public
  44-24  information unless it is exempt under Section 3(a), Chapter 424,
  44-25  Acts of the 63rd Legislature, Regular Session, 1973 (Article
   45-1  6252-17a, Vernon's Texas Civil Statutes), or Section (b) of this
   45-2  article.
   45-3        SECTION 22.  Article 5.06-4(a), Insurance Code, is amended to
   45-4  read as follows:
   45-5        (a)  Any insurer desiring to write commercial automobile
   45-6  <liability> insurance in this state must provide loss control
   45-7  information as a prerequisite for a license to write that
   45-8  insurance.
   45-9        SECTION 23.  Article 5.06-6, Insurance Code, is amended to
  45-10  read as follows:
  45-11        Art. 5.06-6.  Coverages for Spouses and Former Spouses.  A
  45-12  personal automobile policy or any similar policy form adopted or
  45-13  approved by the State Board of Insurance under Article 5.06 of this
  45-14  code that provides coverage to <covers liability arising out of
  45-15  ownership, maintenance, or use of a motor vehicle of> a spouse, who
  45-16  is otherwise insured by the policy, shall contain a provision to
  45-17  continue coverage for the spouse during a period of separation in
  45-18  contemplation of divorce.
  45-19        SECTION 24.  Section 11(a), Chapter 270, Acts of the 40th
  45-20  Legislature, Regular Session, 1927 (Article 911a, Vernon's Texas
  45-21  Civil Statutes), as amended by Chapters 377, 624, and 1050, Acts of
  45-22  the 70th Legislature, Regular Session, 1987, is amended to read as
  45-23  follows:
  45-24        (a)  The Commission shall, in the granting of any certificate
  45-25  to any motor bus company for regularly transporting persons as
   46-1  passengers for compensation or hire, require the owner or operator
   46-2  to first procure insurance covering bodily injury <liability> and
   46-3  property damage <insurance> from a company holding a certificate of
   46-4  authority to transact such kinds of insurance business in the State
   46-5  of Texas or, with the approval of the Commissioner, from <by> a
   46-6  surplus lines insurer <licensed to make and issue such insurance
   46-7  policy in the State of Texas or, if the owner or operator is unable
   46-8  to procure insurance from an insurance company authorized to
   46-9  conduct business in this state, to first procure, with the
  46-10  Commission's approval, liability and property damage insurance from
  46-11  a surplus lines insurer that meets> meeting the requirements of
  46-12  Article 1.14-2, Insurance Code, and rules adopted by the State
  46-13  Board of Insurance under that article, covering each and every
  46-14  motor propelled vehicle while actually being operated by such
  46-15  applicant.  The Commission shall adopt rules governing the coverage
  46-16  limits and terms of the insurance policy, except that the coverage
  46-17  provided under the policy must meet the requirements of Chapter 26,
  46-18  Insurance Code <The amount of such policy or policies of insurance
  46-19  shall be fixed by the Commission by general order or otherwise, and
  46-20  the terms and conditions of said policy or policies covering said
  46-21  motor vehicle are to be such as to indemnify the applicant against
  46-22  loss by reason of any personal injury to any person or loss or
  46-23  damage to the property of any person other than the assured and his
  46-24  employees>.  Such policy or policies shall furthermore provide that
  46-25  the insurer will pay benefits under the policy and any judgment
   47-1  <all judgments> which may be recovered against the insured motor
   47-2  bus company based on claims for loss or damage from personal injury
   47-3  or loss of or injury to property occurring during the term of the
   47-4  said policy or policies and arising out of the actual operation of
   47-5  such motor bus or busses, and such policy or policies shall also
   47-6  provide for successive recoveries to the complete exhaustion of the
   47-7  face amount thereof, and that such judgment will be paid by the
   47-8  insurer irrespective of the solvency or insolvency of the insured.
   47-9  Such bodily injury <liability> and property damage insurance as
  47-10  required by the Commission shall be continuously maintained in
  47-11  force on each and every motor propelled vehicle while being
  47-12  operated in common carrier service.  In addition to the insurance
  47-13  hereinabove set forth, the owner or operator shall also protect his
  47-14  employees by taking out workmen's compensation insurance either as
  47-15  provided by the Workmen's Compensation Laws of the State of Texas
  47-16  or in a reliable insurance company approved by the <Railroad>
  47-17  Commission <of the State of Texas>.  The taking out of such
  47-18  indemnity policy or policies shall be a condition precedent to any
  47-19  operation and such policy or policies as required under this Act,
  47-20  shall be approved and filed with the Commission and failure to file
  47-21  and keep such policy or policies in force and effect as provided
  47-22  herein shall be cause for the revocation of the certificate and
  47-23  shall subject the motor bus company so failing to the penalties
  47-24  prescribed herein.
  47-25        SECTION 25.  Section 13, Chapter 314, Acts of the 41st
   48-1  Legislature, Regular Session, 1929 (Article 911b, Vernon's Texas
   48-2  Civil Statutes), as amended by Chapters 377 and 1050, Acts of the
   48-3  70th Legislature, Regular Session, 1987, and by Chapter 894, Acts
   48-4  of the 72nd Legislature, Regular Session, 1991, is amended to read
   48-5  as follows:
   48-6        Sec. 13.  Before any permit or certificate of public
   48-7  convenience and necessity may be issued to any motor carrier and
   48-8  before any motor carrier may lawfully operate under such permit or
   48-9  certificate as the case may be, such motor carrier shall file with
  48-10  the Commission bonds and/or insurance policies issued by some
  48-11  insurance company including mutuals and reciprocals or bonding
  48-12  company holding a certificate of authority to transact such kinds
  48-13  of insurance business in Texas or, with the approval of the
  48-14  Commissioner, by a surplus lines insurer meeting <authorized by law
  48-15  to transact business in Texas or, if the motor carrier is unable to
  48-16  obtain insurance from an insurance company authorized to do
  48-17  business in this state, with the Commission's approval, insurance
  48-18  policies issued by a surplus lines insurer that meet> the
  48-19  requirements of Article 1.14-2, Insurance Code, and rules adopted
  48-20  by the State Board of Insurance under that article.  The Commission
  48-21  shall adopt rules governing the coverage limits and terms of the
  48-22  policies and bonds, except that the coverage provided under the
  48-23  policies must meet the requirements of Chapter 26, Insurance Code.
  48-24  The bonds or<, in an amount to be fixed by the Commission under
  48-25  such rules and regulations as it may prescribe, which bonds and>
   49-1  insurance policies shall provide that the obligor therein will pay
   49-2  to the extent of the face amount of such insurance policies and
   49-3  bonds benefits under the policies or bonds and any judgment <all
   49-4  judgments> which may be recovered against the motor carrier so
   49-5  filing said insurance policies and bonds, based on claims for loss
   49-6  or damages from personal injury or loss of, or injury to property
   49-7  occurring during the term of said bonds and policies and arising
   49-8  out of the actual operation of such motor carrier; and such bonds
   49-9  and policies shall also provide for successive recoveries to the
  49-10  complete exhaustion of the face amount thereof and that such
  49-11  benefits and judgments will be paid by the obligor in said bonds
  49-12  and insurance policies irrespective of the solvency or insolvency
  49-13  of the motor carrier; provided, however, such bonds and policies
  49-14  shall not cover personal injuries sustained by the servants, agents
  49-15  or employees of such motor carrier.  Provided further, that in the
  49-16  event the insured shall abandon his permit or certificate and leave
  49-17  the state, a claimant, asserting a claim within the provisions of
  49-18  said bonds or policies, may file suit against the sureties
  49-19  executing such bond or the company issuing such policies in a court
  49-20  of competent jurisdiction without the necessity of making the
  49-21  insured a party to said suit.  Provided, however, that the
  49-22  Commission shall not require insurance covering loss of or damage
  49-23  to cargo in amount excessive for the class of service to be
  49-24  rendered by any motor carrier.  Each such motor carrier shall, on
  49-25  or before the date of the expiration of the term of any policy or
   50-1  bond so filed by him, file a renewal thereof, or new bonds or
   50-2  policies containing the same terms and obligations of the preceding
   50-3  bonds and policies, and shall each year thereafter on or before the
   50-4  expiration date of the existing bonds and policies, file such
   50-5  renewal policies and bonds so as to provide continuous and unbroken
   50-6  protection to the public having legal claims against such motor
   50-7  carrier; and in the event such renewal bonds and policies are not
   50-8  so filed, the Commission, after notice to the motor carrier, and
   50-9  hearing, may, within its discretion if it shall find and determine
  50-10  that the ends of justice will be better subserved thereby, cancel
  50-11  such permit or certificate for failure to furnish and provide such
  50-12  bonds or insurance as herein required.  The Commission may accept
  50-13  in lieu of the filing of the original policies of insurance, a
  50-14  certificate of insurance, in such form as may be prescribed by the
  50-15  Commission, which certificate, when filed with the Commission, will
  50-16  bind the obligor thereunder and satisfy the requirements of this
  50-17  section as if the original policies of insurance had been filed.
  50-18        Each motor carrier shall also protect his employees by
  50-19  obtaining  workers' compensation insurance coverage as defined
  50-20  under the Texas Workers' Compensation Act (Article 8308-1.01 et
  50-21  seq., Vernon's Texas Civil Statutes) or accidental insurance
  50-22  coverage in an amount fixed by the Commission from a reliable
  50-23  insurance company or companies authorized to write such policies in
  50-24  this state approved by the Commission.
  50-25        SECTION 26.  (a)  Article 5.06-1, Insurance Code, is
   51-1  repealed.
   51-2        (b)  Article 5.06-3, Insurance Code, is repealed.
   51-3        SECTION 27.  (a)  Articles 26.01 through 26.09 and Articles
   51-4  26.11 through 26.19, Insurance Code, as added by this Act, would
   51-5  not have been enacted if Article 26.10, Insurance Code, had not
   51-6  been enacted.  If Article 26.10, Insurance Code, is held invalid,
   51-7  Articles 26.01 through 26.09 and Articles 26.11 through 26.19,
   51-8  Insurance Code, as added by this Act, are invalid.
   51-9        (b)  Section 26 of this Act would not have been enacted if
  51-10  Article 26.10, Insurance Code, had not been enacted.  If Article
  51-11  26.10, Insurance Code, is held invalid, Section 26 of this Act is
  51-12  invalid.
  51-13        SECTION 28.  (a)  This Act takes effect September 1, 1995,
  51-14  and applies only to motor vehicle insurance policies delivered,
  51-15  issued for delivery, or renewed to be effective on or after January
  51-16  1, 1996, and to other conduct occurring on or after that date.
  51-17  Policies delivered, issued for delivery, or renewed to be effective
  51-18  before January 1, 1996, and other conduct occurring before that
  51-19  date, are governed by the law that existed immediately before the
  51-20  effective date of this Act, and that law is continued in effect for
  51-21  that purpose.
  51-22        (b)  The State Board of Insurance may approve an endorsement
  51-23  to motor vehicle policies delivered, issued for delivery, or
  51-24  renewed before the effective date of this Act that conforms the
  51-25  policies to this Act.  An insurer may attach the endorsement to
   52-1  such a policy only with the consent of the named insured.
   52-2        SECTION 29.  The importance of this legislation and the
   52-3  crowded condition of the calendars in both houses create an
   52-4  emergency and an imperative public necessity that the
   52-5  constitutional rule requiring bills to be read on three several
   52-6  days in each house be suspended, and this rule is hereby suspended.