By: Ellis S.B. No. 1555
A BILL TO BE ENTITLED
AN ACT
1-1 relating to a good driver program in the Texas Automobile Insurance
1-2 Plan Association.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 21.81, Insurance Code, is amended by
1-5 adding a new Section 3A to read as follows:
1-6 Sec. 3A. GOOD DRIVER PROGRAM. (a) The plan of operation
1-7 shall contain an incentive program to encourage members to write
1-8 good drivers on a voluntary basis and to minimize the use of the
1-9 association as a means to obtain insurance.
1-10 (b) Each insurer shall receive credit against its assignment
1-11 quota in the association for good drivers taken out of the plan and
1-12 written voluntarily by the insurer. In the plan of operation, the
1-13 association shall establish the appropriate procedures to implement
1-14 the good driver program and the amount of credit for the voluntary
1-15 writing of good drivers previously written through the association.
1-16 The amount of credit cannot be less than a ratio of 2 to 1 based on
1-17 vehicles on policies in force.
1-18 (c) An individual is a good driver if:
1-19 (1) the individual is currently licensed and has been
1-20 licensed for at least the immediately preceding three consecutive
1-21 years to drive the class of motor vehicle to be insured;
1-22 (2) during the immediately preceding three consecutive
1-23 years:
2-1 (A) the individual cannot reasonably be
2-2 considered to have been at fault in a motor vehicle accident that
2-3 resulted in bodily injury or property damage;
2-4 (B) the individual has not been convicted of a
2-5 violation of a traffic safety regulation that involved a moving
2-6 vehicle; and
2-7 (C) the individual has not had more than one
2-8 dismissal of a charge under Section 143A, Uniform Act Regulating
2-9 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes);
2-10 (3) the individual has never made a fraudulent
2-11 insurance claim; and
2-12 (4) the individual does not drive more than 30,000
2-13 miles annually.
2-14 (d) The association shall develop a mechanism for
2-15 determining eligibility of a good driver who meets the requirements
2-16 of Subsection (c) of this section and shall provide the eligibility
2-17 information to its member insurers on a quarterly basis.
2-18 SECTION 2. No later than September 1, 1995, the plan of
2-19 operation for the Texas Automobile Insurance Plan Association
2-20 established under this article, shall include the good driver
2-21 program required by Section 3A of this article.
2-22 SECTION 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.