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.