SRC-SLL S.B. 1141 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1141
By: Ellis
Economic Development
4-29-97
As Filed


DIGEST 

Currently, Texas law does not provide standards for a good driver for
purposes of issuing an auto insurance policy.  In some instances,
consumers with good driving records may pay more for auto insurance
because they live in certain areas.  This bill will provide regulations
regarding the declination, cancellation, or nonrenewal of certain
insurance coverage. 

PURPOSE

As proposed, S.B. 1141 provides regulations regarding the declination,
cancellation, or nonrenewal of certain insurance coverage. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the heading of Article 21.49-2B, Insurance Code, as
follows: 

Art.  21.49-2B.  New heading: AVAILABILITY, CANCELLATION, AND NONRENEWAL
OF CERTAIN PROPERTY AND CASUALTY POLICIES 

SECTION 2. Amends Article 21.49-2B, Insurance Code, by adding Section 4A,
as follows: 

Sec.  4A.  GOOD DRIVER. Prohibits a motor vehicle insurer from cancelling,
nonrenewing, or refusing to offer a policy of motor vehicle insurance to a
good driver, except as otherwise provided by this article.  Defines "good
driver."  Provides that a violation of this section is an unfair and
deceptive practice in the business of insurance under Article 21.21 of
this code. Provides that compliance with this section does not create an
exemption from Article 21.21-6 of this code or other requirements.
Defines "traffic safety regulation." 

SECTION 3. Amends Section 9, Article 21.49-2B, Insurance Code, to delete a
clause requiring an insurer to provide a written statement of the reason
for a cancellation or nonrenewal of or determination not to issue a policy
only if requested by the insured or an applicant for insurance. 

SECTION 4. Effective date: September 1, 1997.
  Makes application of this Act prospective to January 1, 1998.

SECTION 5. Emergency clause.