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.