By Conley H.B. No. 322
74R2287 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of certain information in the determination of
1-3 premium rates charged for motor vehicle insurance.
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 5.01A to read as follows:
1-7 Art. 5.01A. USE OF CERTAIN INFORMATION PROHIBITED IN
1-8 DETERMINING RATES. (a) In determining and prescribing premium
1-9 rates under Article 5.01 of this code, the commissioner may not
1-10 authorize an insurer to charge an insured a premium for motor
1-11 vehicle insurance coverage, based solely on the location of the
1-12 insured's primary residence, that is higher than that insured would
1-13 otherwise be liable to pay for identical coverage at a different
1-14 location.
1-15 (b) This article applies to motor vehicle insurance policies
1-16 written by all insurers, as that term is used by Article
1-17 5.01(a) of this code, and includes a policy of motor vehicle
1-18 insurance that is delivered, issued for delivery, or renewed in
1-19 this state by a county mutual insurance company or by a surplus
1-20 lines agent regulated under Article 1.14-2 of this code.
1-21 (c) Notwithstanding Subsection (a) or (b) of this article,
1-22 the maximum rate established under this article shall be determined
1-23 in the same manner as the upper limit of a flexibility band
1-24 established under Article 5.101 of this code. This subsection
2-1 expires on the date Article 5.101 of this code expires under
2-2 Section 1(b) of that article. If Article 5.101 of this code is
2-3 amended to remain in effect after December 31, 1995, without an
2-4 expiration date, this subsection does not expire.
2-5 SECTION 2. Section 3, Article 5.101, Insurance Code, is
2-6 amended by adding Subsection (k) to read as follows:
2-7 (k) Notwithstanding any other provision of this article, in
2-8 determining premium rates for motor vehicle insurance coverage
2-9 under this chapter, an insurer may not charge an insured a premium
2-10 for motor vehicle insurance coverage, based solely on the location
2-11 of the insured's primary residence, that is higher than that
2-12 insured would otherwise be liable to pay for identical coverage at
2-13 a different location. This subsection applies to motor vehicle
2-14 insurance policies written by all insurers, as that term is used by
2-15 Article 5.01(a) of this code, and includes a policy of motor
2-16 vehicle insurance that is delivered, issued for delivery, or
2-17 renewed in this state by a county mutual insurance company or by a
2-18 surplus lines agent regulated under Article 1.14-2 of this code.
2-19 SECTION 3. This Act takes effect September 1, 1995, and
2-20 applies only to a policy of motor vehicle insurance that is
2-21 delivered, issued for delivery, or renewed on or after January 1,
2-22 1996. A policy that is delivered, issued for delivery, or renewed
2-23 before January 1, 1996, is governed by the law as it existed
2-24 immediately before the effective date of this Act, and that law is
2-25 continued in effect for that purpose.
2-26 SECTION 4. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.