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.