By Rosson                                               S.B. No. 66
       74R1243 PB-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of a program to provide motor vehicle
    1-3  insurance coverage at affordable rates for certain individuals with
    1-4  good driving records.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter A, Chapter 5, Insurance Code, is
    1-7  amended by adding Article 5.12-2 to read as follows:
    1-8        Art. 5.12-2.  GOOD DRIVERS PROGRAM
    1-9        Sec. 1.  DEFINITIONS.  In this article:
   1-10              (1)  "Applicant" means an applicant for participation
   1-11  in the program.
   1-12              (2)  "Driving record" means an individual's history of
   1-13  convictions of violations of traffic safety regulations.
   1-14              (3)  "Insurer" means an insurance company,
   1-15  interinsurance exchange, mutual, capital stock company, fraternal
   1-16  benefit society, local mutual aid association, county mutual,
   1-17  reciprocal, association, Lloyd's plan, or other entity writing
   1-18  motor vehicle insurance in this state.  The term includes a company
   1-19  affiliated with an insurer.
   1-20              (4)  "Program" means the good drivers program created
   1-21  under this article.
   1-22              (5)  "Traffic safety regulation" means a law or
   1-23  ordinance of this state or a political subdivision of this state
   1-24  relating to the operation of motor vehicles other than a regulation
    2-1  relating to pedestrians or to the parking of motor vehicles.
    2-2        Sec. 2.  GOOD DRIVERS PROGRAM.  The commissioner of insurance
    2-3  shall establish a good drivers program to make motor vehicle
    2-4  insurance more readily available and affordable to individuals with
    2-5  good driving records.
    2-6        Sec. 3.  ELIGIBILITY CONDITIONS FOR DRIVERS.  (a)  To be
    2-7  eligible to participate in the program, an applicant must file an
    2-8  application for participation with the department and present
    2-9  evidence satisfactory to the department that the applicant:
   2-10              (1)  is licensed to drive in this state;
   2-11              (2)  has held a driver's license for at least three
   2-12  years on the date that the application is filed;
   2-13              (3)  has not, during the three years preceding the date
   2-14  of the application, been convicted of a violation of a traffic
   2-15  safety regulation that involves a moving vehicle; and
   2-16              (4)  has not, during the three years preceding the date
   2-17  of the application, been found at fault in more than one motor
   2-18  vehicle accident.
   2-19        (b)  An applicant is not eligible to participate in the
   2-20  program if the applicant has been convicted of:
   2-21              (1)  an offense under Article 6701l-1, Revised
   2-22  Statutes; or
   2-23              (2)  an offense relating to the operation of a motor
   2-24  vehicle under Section 19.05, Penal Code.
   2-25        (c)  For purposes of Subsections (a) and (b) of this section,
   2-26  an applicant is considered to have been convicted in a case if:
   2-27              (1)  a sentence is imposed; or
    3-1              (2)  the applicant receives community supervision.
    3-2        (d)  The commissioner by rule shall prescribe the manner in
    3-3  which the information required under this section may be submitted
    3-4  to the department.
    3-5        (e)  The commissioner by rule may establish additional
    3-6  requirements for participation in the program.
    3-7        Sec. 4.  CERTIFICATE OF ELIGIBILITY.  The department shall
    3-8  issue a written certificate of eligibility to each applicant who
    3-9  meets the requirements of Section 3 of this article.
   3-10        Sec. 5.  INSURER REQUIREMENTS; PREMIUM RATES.  (a)  An
   3-11  insurer shall offer motor vehicle insurance coverage to each
   3-12  individual who holds a certificate of eligibility issued by the
   3-13  department under Section 4 of this article and who applies for
   3-14  motor vehicle insurance coverage from that insurer.
   3-15        (b)  The insurer must offer the coverage at the lowest
   3-16  applicable premium rate offered by that insurer for motor vehicle
   3-17  insurance coverage.
   3-18        (c)  An insurer may refuse to issue a policy under this
   3-19  article that covers a member of an applicant's household if that
   3-20  individual is not a holder of a certificate of eligibility issued
   3-21  under Section 4 of this article.
   3-22        Sec. 6.  CANCELLATION AND NONRENEWAL.  (a)  An insurer may
   3-23  cancel an insurance policy issued under this article during the
   3-24  term of the policy only as permitted under Section 4, Article
   3-25  21.49-2B of this code.
   3-26        (b)  An insurer may refuse to renew a policy under this
   3-27  article only if the insured is no longer eligible for the program.
    4-1        (c)  If an insurer cancels or refuses to renew a policy under
    4-2  this subsection because of the conduct of an individual insured,
    4-3  coverage for another individual covered by the policy may not be
    4-4  canceled or nonrenewed and the insurer shall determine the
    4-5  applicable rate for the remaining insured for premium purposes.
    4-6        SECTION 2.  (a)  This Act takes effect September 1, 1995.
    4-7        (b)  Section 5, Article 5.12-2, Insurance Code, as added by
    4-8  this Act, applies only to a motor vehicle insurance policy that is
    4-9  delivered, issued for delivery, or renewed before January 1, 1996.
   4-10  A policy that is delivered, issued for delivery, or renewed before
   4-11  January 1, 1994, is governed by the law as it existed immediately
   4-12  before the effective date of this Act, and that law is continued in
   4-13  effect for that purpose.
   4-14        SECTION 3.  The importance of this legislation and the
   4-15  crowded condition of the calendars in both houses create an
   4-16  emergency and an imperative public necessity that the
   4-17  constitutional rule requiring bills to be read on three several
   4-18  days in each house be suspended, and this rule is hereby suspended.