By Driver                                             H.B. No. 1472
       74R5080 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain insurance coverage available through the Texas
    1-3  Automobile Insurance Plan Association.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 4(c), Article 21.81, Insurance Code, is
    1-6  amended to read as follows:
    1-7        (c)  A person who is otherwise eligible for insurance through
    1-8  the association is eligible for that insurance without regard to
    1-9  whether the person is covered by <who obtains, from any source,>
   1-10  excess private passenger auto liability insurance coverage over the
   1-11  minimum auto liability coverage required by the Texas Motor Vehicle
   1-12  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
   1-13  Statutes) <law shall be ineligible for insurance through the
   1-14  association>.  <The coverage for the excess and basic limits
   1-15  policies is not affected by a violation of this section unless the
   1-16  insurer shows that the insured had actual knowledge that they were
   1-17  ineligible for coverage through the association.  An agent may not
   1-18  knowingly write excess private passenger auto liability insurance
   1-19  coverage if the minimum auto liability coverage required by law is
   1-20  provided through the association.  If an agent violates this
   1-21  section, the agent, after notice and hearing, is subject to the
   1-22  penalties provided by Section 7, Article 1.10, of this code.>
   1-23        SECTION 2.  This Act takes effect September 1, 1995, and
   1-24  applies only to an insurance policy delivered, issued for delivery,
    2-1  or renewed after January 1, 1996.  A policy delivered, issued for
    2-2  delivery, or renewed before January 1, 1996, is governed by the law
    2-3  as it existed immediately before the effective date of this Act,
    2-4  and that law is continued in effect for that purpose.
    2-5        SECTION 3.  The importance of this legislation and the
    2-6  crowded condition of the calendars in both houses create an
    2-7  emergency and an imperative public necessity that the
    2-8  constitutional rule requiring bills to be read on three several
    2-9  days in each house be suspended, and this rule is hereby suspended.