By Moreno                                        H.B. No. 366

      75R21 DLF-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to motor vehicle insurance coverage requirements for

 1-3     operation of certain motor vehicles; providing a penalty.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  The Insurance Code is amended by adding Chapter

 1-6     27 to read as follows:

 1-7                CHAPTER 27.  INSURANCE FOR PASSENGER VEHICLES

 1-8                      SUBCHAPTER A.  GENERAL PROVISIONS

 1-9           Art. 27.001.  DEFINITIONS.  In this chapter:

1-10                 (1)  "Driver's license" has the meaning assigned by

1-11     Section 521.001, Transportation Code.

1-12                 (2)  "Highway" means the entire width between property

1-13     lines of a road, street, or way in this state that is not privately

1-14     owned or controlled:

1-15                       (A)  some part of which is open to the public for

1-16     vehicular traffic; and

1-17                       (B)  over which the state has legislative

1-18     jurisdiction under its police power.

1-19                 (3)  "Passenger vehicle" means a vehicle described by

1-20     Section 521.083 or 521.084, Transportation Code.

1-21           Art. 27.002.  EXCEPTION TO APPLICATION.  This chapter does

1-22     not apply to a person while the person is operating  a government

1-23     vehicle in the course of the person's employment.

1-24           Art. 27.003.  REFERENCES TO PRIOR LAW.  A reference in

 2-1     another law to the Motor Vehicle Safety-Responsibility Act (Article

 2-2     6701h, Vernon's Texas Civil Statutes), as that law existed on

 2-3     August 31, 1995, or to Chapter 601, Transportation Code, as that

 2-4     law existed on August 31, 1997, means, insofar as it is applicable

 2-5     to a passenger vehicle, this chapter.

 2-6                    SUBCHAPTER B.  INSURANCE REQUIREMENT

 2-7           Art. 27.051.  INSURANCE REQUIRED.  A person may not operate a

 2-8     passenger vehicle on a highway unless the person is covered for

 2-9     damages arising from that person's use of a passenger vehicle by a

2-10     passenger vehicle liability insurance policy that complies with

2-11     Subchapter C of this chapter.

2-12                 SUBCHAPTER C.  PASSENGER VEHICLE INSURANCE

2-13           Art. 27.101.  PASSENGER VEHICLE LIABILITY INSURANCE;

2-14     REQUIREMENTS.  (a)  To satisfy the requirement of Article 27.051 of

2-15     this code, a passenger vehicle liability insurance policy must:

2-16                 (1)  except as provided by Subsection (b) of this

2-17     article, be issued by an insurance company authorized to write

2-18     motor vehicle liability insurance in this state;

2-19                 (2)  be written to or for the benefit of each person

2-20     named in the policy as the insured; and

2-21                 (3)  meet the requirements of this subchapter.

2-22           (b)  A person who is not a resident of this state and who

2-23     does not hold a driver's license issued by this state may satisfy

2-24     the requirements of Article 27.051 of this code through a motor

2-25     vehicle liability insurance policy written by an insurance company

2-26     that is not authorized to do business in this state if the

2-27     insurance company:

 3-1                 (1)  is authorized to do business in another state of

 3-2     the United States;

 3-3                 (2)  executes a power of attorney authorizing the

 3-4     department to accept on its behalf service of notice or process in

 3-5     an action arising out of a motor vehicle accident in this state;

 3-6     and

 3-7                 (3)  agrees in writing that its policies will be

 3-8     treated as conforming to the laws of this state relating to the

 3-9     terms of a passenger vehicle liability insurance policy.

3-10           Art. 27.102.  MINIMUM COVERAGE AMOUNTS.  (a)  The minimum

3-11     amounts of passenger vehicle liability insurance coverage required

3-12     by this chapter are:

3-13                 (1)  $30,000 for bodily injury to or death of one

3-14     person in one accident;

3-15                 (2)  $60,000 for bodily injury to or death of two or

3-16     more persons in one accident, subject to the amount provided by

3-17     Subdivision (1) of this subsection for bodily injury to or death of

3-18     one of the persons; and

3-19                 (3)  $20,000 for damage to or destruction of property

3-20     of others in one accident.

3-21           (b)  The coverage required under Subsection (a) of this

3-22     article may exclude, with respect to one accident:

3-23                 (1)  the first $250 of liability for bodily injury to

3-24     or death of one person;

3-25                 (2)  the first $500 of liability for bodily injury to

3-26     or death of two or more persons, subject to the amount provided by

3-27     Subdivision (1) of this subsection for bodily injury to or death of

 4-1     one of the persons; and

 4-2                 (3)  the first $250 of liability for damage to or

 4-3     destruction of property of others.

 4-4           Art. 27.103.  REQUIRED TERMS.  A passenger vehicle liability

 4-5     insurance policy required by this chapter must pay, on behalf of

 4-6     each named insured, amounts the insured becomes obligated to pay as

 4-7     damages arising out of the use by the insured of any passenger

 4-8     vehicle in the United States or Canada, subject to the amounts and

 4-9     exclusions of Article 27.102 of this code.

4-10           Art. 27.104.  PROHIBITED TERMS.  A passenger vehicle

4-11     liability insurance policy required by this chapter may not insure

4-12     against liability:

4-13                 (1)  for which the insured or the insured's insurer may

4-14     be held liable under a workers' compensation law;

4-15                 (2)  for bodily injury to or death of an employee of

4-16     the insured while engaged in the employment, other than domestic,

4-17     of the insured, or in domestic employment if benefits for the

4-18     injury are payable or required to be provided under a workers'

4-19     compensation law; or

4-20                 (3)  for injury to or destruction of property owned by,

4-21     rented to, in the care of, or transported by the insured.

4-22           Art. 27.105.  ADDITIONAL COVERAGE.  (a)  Subject to Article

4-23     27.104 of this code, an insurance policy that provides the coverage

4-24     required for a passenger vehicle liability insurance policy by this

4-25     chapter may also provide other coverage in excess of or in addition

4-26     to the required coverage. The additional coverage may include:

4-27                 (1)  comprehensive coverage applicable to a passenger

 5-1     vehicle owned by the insured; or

 5-2                 (2)  coverage for liability incurred by the insured

 5-3     arising out of the use of a passenger vehicle owned by the insured

 5-4     by another person who holds a driver's license issued by another

 5-5     state.

 5-6           (b)  The excess or additional coverage is not subject to this

 5-7     chapter.

 5-8           Art. 27.106.  POLICY FORM.  The policy form and any

 5-9     endorsement to the policy form shall be adopted by the commissioner

5-10     in accordance with Article 5.06 of this code.  The form must state

5-11     the dollar amount of coverage provided, including any optional

5-12     coverage provided.

5-13           Art. 27.107.  MULTIPLE POLICIES.  This chapter's requirements

5-14     for a passenger vehicle liability insurance policy may be satisfied

5-15     by a combination of policies of one or more insurance companies if

5-16     the policies in combination meet the requirements.

5-17           Art. 27.108.  NOTICE TO TEXAS DEPARTMENT OF PUBLIC SAFETY;

5-18     CONTINUATION OF COVERAGE; CONSIDERATION OF DRIVING RECORD.  (a)  A

5-19     motor vehicle insurance company that writes a policy of passenger

5-20     vehicle insurance that the company represents as satisfying the

5-21     requirements of this chapter shall notify the Texas Department of

5-22     Public Safety of:

5-23                 (1)  the issuance of the policy;

5-24                 (2)  the termination of the policy by the company or by

5-25     an insured; or

5-26                 (3)  a claim made under the policy.

5-27           (b)  Coverage under a passenger vehicle insurance policy

 6-1     written to satisfy this chapter that is terminated continues until

 6-2     the fifth day after the date notice is mailed under Subsection

 6-3     (a)(2) of this article.

 6-4           (c)  On receipt of notice of termination of coverage under

 6-5     the policy under Subsection (a)(2) of this article, the Texas

 6-6     Department of Public Safety shall suspend the person's driver's

 6-7     license under Subchapter T, Chapter 521, Transportation Code.

 6-8           (d)  On receipt of notice under Subsection (a)(3) of this

 6-9     article of five or more claims against an insured's policy during

6-10     any three year period, the public safety director of the Texas

6-11     Department of Public Safety shall review the insured's record and

6-12     may initiate proceedings to consider suspension or revocation of

6-13     the insured's license under Subchapter N, Chapter 521,

6-14     Transportation Code.

6-15           Art. 27.109.  PROOF OF COVERAGE.  The commissioner shall

6-16     prescribe a standard proof of insurance form to be used by an

6-17     insured to comply with Section 521.143, Transportation Code.

6-18           SUBCHAPTER D.  GUARANTEED ISSUE AND RENEWABILITY; RATES

6-19           Art. 27.151.  ISSUANCE TO LICENSED DRIVER.  An insurance

6-20     company authorized to write motor vehicle liability insurance in

6-21     this state may not refuse to issue or renew a passenger vehicle

6-22     insurance policy in the minimum amounts required by this chapter to

6-23     a person who holds a driver's license or who has been certified by

6-24     the Texas Department of Public Safety as eligible to hold a license

6-25     under Section 521.143, Transportation Code.

6-26           Art. 27.152.  RATES.  (a)  The commissioner, after notice and

6-27     hearing, shall establish the minimum base rates for passenger

 7-1     vehicle liability insurance issued under this chapter and shall

 7-2     annually adjust the minimum base rates as is actuarially

 7-3     justifiable.  The commissioner shall adopt rules governing the

 7-4     procedures for establishing and adjusting minimum base rates under

 7-5     this section.  Subchapter A, Chapter 5, of this code does not apply

 7-6     to rates for passenger vehicle liability insurance governed by this

 7-7     chapter.  The flexible rating program and flexibility bands

 7-8     established by Subchapter M, Chapter  5, of this code do not apply

 7-9     to rates for passenger vehicle liability insurance governed by this

7-10     chapter.

7-11           (b)  The minimum base rates may not vary because of the

7-12     insured's area of residence, age, or gender.

7-13           (c)  Except as provided by this section, an insurer may not

7-14     charge a rate that exceeds the applicable minimum base rate

7-15     established under this section for passenger vehicle liability

7-16     insurance issued under this chapter.

7-17           (d)  If an insured was covered by one or more passenger

7-18     vehicle liability insurance policies issued under this chapter

7-19     that, during the period that began three years before the date on

7-20     which a premium is due, paid one liability claim, the rate

7-21     applicable to that insured is two times the minimum base rate that

7-22     would otherwise be applicable to the insured.

7-23           (e)  If an insured was covered by one or more passenger

7-24     vehicle liability insurance policies issued under this chapter

7-25     that, during the period that began three years before the date on

7-26     which a premium is due, paid two liability claims, the rate

7-27     applicable to that insured is four times the minimum base rate that

 8-1     would otherwise be applicable to the insured.

 8-2           (f)  If an insured was covered by one or more passenger

 8-3     vehicle liability insurance policies issued under this chapter

 8-4     that, during the period that began three years before the date on

 8-5     which a premium is due, paid three liability claims, the rate

 8-6     applicable to that insured is eight times the minimum base rate

 8-7     that would otherwise be applicable to the insured.

 8-8           (g)  If an insured was covered by one or more passenger

 8-9     vehicle liability insurance policies issued under this chapter

8-10     that, during the period that began three years before the date on

8-11     which a premium is due, paid four liability claims, the rate

8-12     applicable to that insured is 16 times the minimum base rate that

8-13     would otherwise be applicable to the insured.

8-14           (h)  If an insured was covered by one or more passenger

8-15     vehicle liability insurance policies issued under this chapter

8-16     that, during the period that began three years before the date on

8-17     which a premium is due, paid five or more liability claims, the

8-18     rate applicable to that insured is 32 times the minimum base rate

8-19     that would otherwise be applicable to the insured. An insurer that

8-20     knows of five or more liability claims against an insured during a

8-21     three year period shall notify the department and the department

8-22     shall review the insured's record as provided by Article 27.108(d)

8-23     of this code.

8-24                          SUBCHAPTER E.  PENALTIES

8-25           Art. 27.201.  OPERATION OF PASSENGER VEHICLE IN VIOLATION OF

8-26     INSURANCE REQUIREMENT; OFFENSE.  (a)  A person commits an offense

8-27     if the person operates a passenger vehicle in violation of Article

 9-1     27.051 of this code.

 9-2           (b)  Except as provided by Subsection (c) of this section, an

 9-3     offense under this section is a Class A misdemeanor.

 9-4           (c)  If it is shown on the trial of an offense under

 9-5     Subsection (a) of this section that the person has been previously

 9-6     convicted of an offense under that subsection, an offense under

 9-7     this section is a state jail felony.

 9-8           SECTION 2.  Chapter 521, Transportation Code, is amended by

 9-9     adding Subchapter T to read as follows:

9-10           SUBCHAPTER T.  SUMMARY SUSPENSION AFTER TERMINATION OF

9-11                         PASSENGER VEHICLE INSURANCE

9-12           Sec. 521.501.  NOTICE OF TERMINATION OF INSURANCE; SUSPENSION

9-13     OF LICENSE.  (a)  On receipt of notice under Article 27.108,

9-14     Insurance Code, that the passenger vehicle insurance issued to a

9-15     license holder has been canceled, the director shall mail a notice

9-16     of that fact and of the provisions of this subchapter to the

9-17     license holder.

9-18           (b)  The person's license is suspended on the 10th day after

9-19     the date that notice under this subsection is mailed unless, before

9-20     that date, the person:

9-21                 (1)  submits evidence of substitute passenger vehicle

9-22     liability insurance that complies with the requirements of Chapter

9-23     27, Insurance Code; or

9-24                 (2)  requests a hearing under this subchapter.

9-25           Sec. 521.502.  HEARING.  (a)  A hearing under this subchapter

9-26     shall be conducted in the same manner as a hearing under Section

9-27     521.293.

 10-1          (b)  The hearing must be conducted not later than the fifth

 10-2    day after the date that the request for hearing is received by the

 10-3    department.

 10-4          (c)  The sole issue to be determined at the hearing is

 10-5    whether the license holder is covered by a policy of passenger

 10-6    vehicle liability insurance that complies with the requirements of

 10-7    Chapter 27, Insurance Code.

 10-8          (d)  If the license holder is not covered by a policy of

 10-9    passenger vehicle liability insurance that complies with the

10-10    requirements of Chapter 27, Insurance Code, the presiding officer

10-11    shall recommend that the license be suspended and the director

10-12    shall suspend the license.

10-13          (e)  A person may appeal the suspension of a driver's license

10-14    under this section in the manner provided for an appeal under

10-15    Section 521.302.  The sole issue in an appeal is whether the

10-16    license holder was, at the time of the suspension, covered by

10-17    passenger vehicle liability insurance that complies with the

10-18    requirements of Chapter 27, Insurance Code.  Section 521.302(f)

10-19    does not apply to an appeal under this subsection and the

10-20    suspension of the license is not stayed pending the appeal.

10-21          Sec. 521.503.  PERIOD OF SUSPENSION.  (a)  Suspension of a

10-22    license under this subchapter continues until the license holder:

10-23                (1)  submits to the director satisfactory evidence of

10-24    passenger vehicle liability insurance that complies with the

10-25    requirements of Chapter 27, Insurance Code; and

10-26                (2)  complies with each requirement for renewal of the

10-27    license.

 11-1          (b)  A license may not be renewed during the period of

 11-2    suspension.

 11-3          Sec. 521.504.  SURRENDER OF LICENSE; RETURN.  (a)  On

 11-4    suspension of a license under this subchapter, the department shall

 11-5    require the license holder to surrender the license to the

 11-6    department.

 11-7          (b)  The department shall return a suspended license to the

 11-8    license holder at the time the suspension is terminated unless,

 11-9    during the period of suspension, the license expired or was

11-10    revoked.

11-11          SECTION 3.  Section 521.143, Transportation Code, is amended

11-12    to read as follows:

11-13          Sec. 521.143.  EVIDENCE OF FINANCIAL RESPONSIBILITY REQUIRED.

11-14    (a)  An application for an original or renewal of a driver's

11-15    license must be accompanied by evidence that the applicant is

11-16    covered by a policy of passenger vehicle liability insurance that

11-17    complies with the requirements of Article 5.06, Insurance Code, and

11-18    Chapter 27, Insurance Code [of financial responsibility or a

11-19    statement that the applicant does not own a motor vehicle for which

11-20    evidence of financial responsibility is required under Chapter

11-21    601].

11-22          (b)  If an application for an original or renewal driver's

11-23    license satisfies each requirement for issuance of a license, other

11-24    than the requirement of Subsection (a), the department shall issue

11-25    to the person a certificate of eligibility for a driver's license.

11-26    On presentation of evidence that the applicant has satisfied the

11-27    requirement of Subsection (a), the department shall issue the

 12-1    license in accordance with Subchapter I [Evidence of financial

 12-2    responsibility presented under this section must be in at least the

 12-3    minimum amounts required by Section 601.072 and must cover each

 12-4    motor vehicle owned by the applicant for which the applicant is

 12-5    required to maintain evidence of financial responsibility.  The

 12-6    evidence may be shown in the manner provided by Section 601.053(a).]

 12-7          [(c)  A personal automobile insurance policy used as evidence

 12-8    of financial responsibility under this section must comply with

 12-9    Article 5.06, Insurance Code.]

12-10          [(d)  A statement that an applicant does not own a motor

12-11    vehicle to which the evidence of financial responsibility

12-12    requirement applies must be sworn to and signed by the applicant].

12-13          SECTION 4.  Subchapter A, Chapter 601, Transportation Code,

12-14    is amended by adding Section 601.0025:

12-15          Sec. 601.0025.  PASSENGER VEHICLES EXCLUDED.  Notwithstanding

12-16    any other law, this chapter does not apply to the operation,

12-17    maintenance, or use of a passenger vehicle, as that term is defined

12-18    by Article 27.001, Insurance Code, and the term "motor vehicle," as

12-19    used in this chapter, does not include a passenger vehicle.

12-20          SECTION 5.  Articles 5.01(e) and (f), Insurance Code, are

12-21    amended to read as follows:

12-22          (e)  Motor vehicle or automobile insurance as referred to in

12-23    this subchapter shall be taken and construed to mean every form of

12-24    insurance on any automobile or other vehicle hereinafter enumerated

12-25    and its operating equipment or necessitated by reason of the

12-26    liability imposed by law for damages arising out of the ownership,

12-27    operation, maintenance, or use in this State of any automobile,

 13-1    motorcycle, motor-driven cycle [motorbicycle], truck,

 13-2    truck-tractor, tractor, traction engine, or any other

 13-3    self-propelled vehicle, and including also every vehicle, trailer

 13-4    or semi-trailer pulled or towed by a motor vehicle, but excluding

 13-5    every motor vehicle running only upon fixed rails or tracks.  The

 13-6    term includes a policy of passenger vehicle insurance written to

 13-7    comply with Chapter 27 of this code.  Workers' Compensation

 13-8    Insurance is excluded from the foregoing definition.

 13-9          (f)  Notwithstanding Subsections (a) through (d) of this

13-10    article, [on and after March 1, 1992,] rates for motor vehicle

13-11    insurance in this state, other than passenger vehicle liability

13-12    insurance, are determined as provided by the flexible rating

13-13    program adopted under Subchapter M of this chapter.

13-14          SECTION 6.  Article 5.01-2(b), Insurance Code, is amended to

13-15    read as follows:

13-16          (b)  Rates [On and after March 1, 1992, rates] for motor

13-17    vehicle insurance written by a Lloyd's plan insurer or a reciprocal

13-18    or interinsurance exchange, other than passenger vehicle liability

13-19    insurance, are determined as provided by the flexible rating

13-20    program adopted under Subchapter M of this chapter.

13-21          SECTION 7.  Article 5.03(g), Insurance Code, is amended to

13-22    read as follows:

13-23          (g)  Notwithstanding Sections (a) through (e) of this

13-24    article, [on and after March 1, 1992,] rates for motor vehicle

13-25    insurance, other than passenger vehicle liability insurance,

13-26    [vehicles] are determined as provided by Subchapter M of this

13-27    chapter.

 14-1          SECTION 8.  Sections 1 and 2, Article 5.03-3, Insurance Code,

 14-2    are amended to read as follows:

 14-3          Sec. 1.  DEFINITIONS.  In this article:

 14-4                (1)  "Honor student" means an individual who, according

 14-5    to the official scholastic records for the preceding academic

 14-6    semester, quarter, or other grade reporting period, has a:

 14-7                      (A)  "B" average or better;  or

 14-8                      (B)  3.0 average or better on a 4.0 scale.

 14-9                (2)  "Insurer" means an insurance company,

14-10    interinsurance exchange, mutual, capital stock company, fraternal

14-11    benefit society, local mutual aid association, county mutual,

14-12    reciprocal, association, Lloyd's plan, or other entity writing

14-13    motor vehicle insurance in this state.  The term includes a company

14-14    affiliated with an insurer.

14-15                (3)  ["Motor vehicle" means any private passenger

14-16    vehicle that:]

14-17                      [(A)  is registered in this state; and]

14-18                      [(B)  has a gross weight of 25,000 pounds or

14-19    less.]

14-20                [(4)]  "Traffic safety regulation" means a law or

14-21    ordinance of this state or a political subdivision of this state

14-22    relating to the operation of motor vehicles other than a regulation

14-23    relating to pedestrians or to the parking of motor vehicles.

14-24          Sec. 2.  DISCOUNT AUTHORIZED.  (a)  An insurer who delivers

14-25    or issues for delivery in this state a motor vehicle insurance

14-26    policy, on receipt of written verification from the insured that

14-27    the insured [or a family member covered by the policy] is eligible

 15-1    under Subsection (b), and that the motor vehicle available for use

 15-2    by the insured satisfies the requirements of Subsection (c), may

 15-3    grant a discount in the amount provided by Subsection (d) [(c)] in

 15-4    the premiums charged for the liability, medical payments,  and

 15-5    personal injury protection coverage for the insured. If the insured

 15-6    is the owner of the motor vehicle and the coverage is provided

 15-7    under an owner's policy of passenger vehicle insurance, the

 15-8    discount may apply to [, and] collision coverage [only for the

 15-9    motor vehicle designated to be driven by the honor student].

15-10          (b)  To be eligible for a discount under this article, an

15-11    applicant for a discount must file with the insurer annually the

15-12    grade report issued by the school and other information that

15-13    presents evidence satisfactory to establish that the person covered

15-14    by the discount:

15-15                (1)  is licensed to drive in this state;

15-16                (2)  is under 25 years of age and qualifies as a

15-17    youthful driver under the Texas Department of Insurance automobile

15-18    classification plan;  and

15-19                (3)  is enrolled as a full-time student in:

15-20                      (A)  the junior or senior year of high school;

15-21    or

15-22                      (B)  academic courses in an institution of higher

15-23    education.

15-24          (c)  The motor vehicle available for use by the insured, if

15-25    any, must be a private passenger vehicle that:

15-26                (1)  is registered in this state; and

15-27                (2)  has a gross weight of 25,000 pounds or less.

 16-1          (d)  The commissioner by rule shall set the amount of the

 16-2    discounts applicable under this article and may adopt other rules

 16-3    necessary for the implementation of this article.

 16-4          SECTION 9.  Article 5.04(c), Insurance Code, is amended to

 16-5    read as follows:

 16-6          (c)  Notwithstanding Subsections (a) and (b) of this article,

 16-7    [on and after March 1, 1992,] rates for motor vehicle insurance,

 16-8    other than  passenger vehicle liability insurance, [vehicles] are

 16-9    determined as provided by Subchapter M of this chapter.

16-10          SECTION 10.  Articles 5.06(9) and (10), Insurance Code, are

16-11    amended to read as follows:

16-12          (9)  An insurance policy or other document evidencing proof

16-13    of purchase of a passenger vehicle liability [personal automobile]

16-14    insurance policy written for a term of less than 30 days may not be

16-15    used to obtain an original or renewal driver's license[, an

16-16    automobile registration or license plates, or a motor vehicle

16-17    inspection certificate] and must contain a statement as follows:

16-18          "TEXAS LAW PROHIBITS USE OF THIS DOCUMENT TO OBTAIN [A MOTOR

16-19    VEHICLE INSPECTION CERTIFICATE,] AN ORIGINAL OR RENEWAL DRIVER'S

16-20    LICENSE[, OR AN AUTOMOBILE REGISTRATION OR LICENSE PLATES]."

16-21          (10)  Before accepting any premium or fee for a passenger

16-22    vehicle liability [personal automobile] insurance policy or binder

16-23    for a term of less than 30 days, an agent or insurer must make the

16-24    following written disclosure to the applicant or insured:

16-25          "TEXAS LAW PROHIBITS USE OF THIS POLICY OR BINDER TO OBTAIN

16-26    [A MOTOR VEHICLE INSPECTION CERTIFICATE,] AN ORIGINAL OR RENEWAL

16-27    DRIVER'S LICENSE[, OR AN AUTOMOBILE REGISTRATION OR LICENSE

 17-1    PLATES]."

 17-2          SECTION 11.  Sections 1, 2, and 3, Article 5.06-1, Insurance

 17-3    Code, are amended to read as follows:

 17-4          (1)  No automobile liability insurance [(including insurance

 17-5    issued pursuant to an Assigned Risk Plan established under

 17-6    authority of  Section 35 of the Texas Motor Vehicle

 17-7    Safety-Responsibility Act),] covering liability arising out of the

 17-8    insured's  ownership, maintenance, or use of any motor vehicle

 17-9    shall be delivered or issued for delivery in this state unless

17-10    coverage is provided therein or supplemental thereto, in at least

17-11    the limits described in Chapter 27 of this code or Chapter 601,

17-12    Transportation Code, as applicable [the Texas Motor Vehicle

17-13    Safety-Responsibility Act], under provisions prescribed by the

17-14    Board, for the protection of persons insured thereunder who are

17-15    legally entitled to recover damages from uninsured or underinsured

17-16    owners or operators of [uninsured or underinsured] motor vehicles

17-17    because of bodily injury, sickness, or disease, including death, or

17-18    property damage resulting therefrom.  The coverages required under

17-19    this Article shall not be applicable where any insured named in the

17-20    policy shall reject the coverage in writing; provided that unless

17-21    the named insured thereafter requests such coverage in writing,

17-22    such coverage need not be provided in or supplemental to a renewal

17-23    policy where the named insured has rejected the coverage in

17-24    connection with a policy previously issued to the insured [him] by

17-25    the same insurer or by an affiliated insurer.

17-26          (2)  For the purpose of these coverages: (a)  the term

17-27    "uninsured motorist [motor vehicle]" shall, subject to the terms

 18-1    and conditions of such coverage, be deemed to include an individual

 18-2    who is insured under a policy issued by a [motor vehicle where the]

 18-3    liability insurer that [thereof] is unable to make payment with

 18-4    respect to the legal liability of its insured within the limits

 18-5    specified therein because of insolvency.

 18-6                (b)  The term "underinsured motorist [motor vehicle]"

 18-7    means an insured operator with respect to [motor vehicle on] which

 18-8    there is valid and collectible liability insurance coverage with

 18-9    limits of liability for the owner or operator which were originally

18-10    lower than, or have been reduced by payment of claims arising from

18-11    the same accident to, an amount less than the limit of liability

18-12    stated in the underinsured coverage of the insured's policy.

18-13                (c)  The Board may, in the policy forms adopted under

18-14    Article 5.06 of this code, define "uninsured motorist [motor

18-15    vehicle]" to exclude certain [motor vehicles whose] operators who

18-16    are in fact uninsured.

18-17                (d)  The portion of a policy form adopted under Article

18-18    5.06 of this code to provide coverage under this article shall

18-19    include provisions that, regardless of the number of persons

18-20    insured, policies or bonds applicable, vehicles involved, or claims

18-21    made, the total aggregate limit of liability to any one person who

18-22    sustains bodily injury or property damage as the result of any one

18-23    occurrence shall not exceed the limit of liability for these

18-24    coverages as stated in the policy and the total aggregate limit of

18-25    liability to all claimants, if more than one, shall not exceed the

18-26    total limit of liability per occurrence as stated in the policy;

18-27    and shall provide for the exclusion of the recovery of damages for

 19-1    bodily injury or property damage or both resulting from the

 19-2    intentional acts of the insured.  The portion of a policy form

 19-3    adopted under Article 5.06 of this code to provide coverage under

 19-4    this article shall require that in order for the insured to recover

 19-5    under the uninsured motorist coverages where the owner or operator

 19-6    of any motor vehicle which causes bodily injury or property damage

 19-7    to the insured is unknown, actual physical contact must have

 19-8    occurred between the motor vehicle owned or operated by such

 19-9    unknown person and the person or property of the insured.

19-10          (3)  The limits of liability for bodily injury, sickness, or

19-11    disease, including death, shall be offered to the insured in

19-12    amounts not less than those prescribed in Chapter 27 of this code

19-13    or Chapter 601, Transportation Code, as applicable, [the Texas

19-14    Motor Vehicle Safety-Responsibility Act] and such higher available

19-15    limits as may be desired by the insured, but not greater than the

19-16    limits of liability specified in the bodily injury liability

19-17    provisions of the insured's policy.

19-18          SECTION 12.  Section 4(a), Article 5.06-1, Insurance Code, is

19-19    amended to read as follows:

19-20          (a)  Coverage for property damage shall be offered to the

19-21    insured in amounts not less than those prescribed in Chapter 27 of

19-22    this code or Chapter 601, Transportation Code, as applicable, [the

19-23    Texas Motor Vehicle Safety-Responsibility Act] and such higher

19-24    available limits as may be desired by the insured, but not greater

19-25    than limits of liability specified in the property damage liability

19-26    provisions of the insured's policy, subject to a deductible amount

19-27    of $250.

 20-1          SECTION 13.  Sections (7) and (8), Article 5.06-1, Insurance

 20-2    Code, are amended to read as follows:

 20-3          (7)  If a dispute exists as to whether a motorist [motor

 20-4    vehicle] is uninsured, the burden of proof as to that issue shall

 20-5    be upon the insurer.

 20-6          (8)  Notwithstanding Section 15.032, Civil Practice and

 20-7    Remedies Code, an action against an insurer in relation to the

 20-8    coverage provided under this article, including an action to

 20-9    enforce that coverage, may be brought only:

20-10                (a)  in the county in which the policyholder or

20-11    beneficiary instituting the suit resided at the time of the

20-12    accident;  or

20-13                (b)  in the county in which the accident involving the

20-14    uninsured or underinsured motorist [motor vehicle] occurred.

20-15          SECTION 14.  Subsections (a), (b), and (c), Article 5.06-3,

20-16    Insurance Code, are amended to read as follows:

20-17          (a)  No automobile liability insurance policy[, including

20-18    insurance issued pursuant to an assigned risk plan established

20-19    under  authority of Section 35 of the Texas Motor Vehicle

20-20    Safety-Responsibility Act,] covering liability arising out of the

20-21    ownership, maintenance, or use of any motor vehicle shall be

20-22    delivered or issued for delivery in this state unless personal

20-23    injury protection coverage is provided therein or supplemental

20-24    thereto.  The coverage required by this article shall not be

20-25    applicable if any insured named in the policy shall reject the

20-26    coverage in writing; provided, unless the named insured thereafter

20-27    requests such coverage in writing, such coverage need not be

 21-1    provided in or supplemental to a renewal policy if the named

 21-2    insured has rejected the coverage in connection with a policy

 21-3    previously issued to the named insured [him] by the same insurer or

 21-4    by an affiliated insurer.

 21-5          (b)  "Personal injury protection" consists of provisions of a

 21-6    motor vehicle liability policy which provide for payment to the

 21-7    named insured in the motor vehicle liability policy and [members of

 21-8    the insured's household,] any authorized [operator or] passenger of

 21-9    a [the named insured's] motor vehicle operated by the named insured

21-10    including a guest occupant, up to an amount of $2,500 for each such

21-11    person for payment of all reasonable expenses arising from the

21-12    accident and incurred within three years from the date thereof for

21-13    necessary medical, surgical, X-ray and dental services, including

21-14    prosthetic devices, and necessary ambulance, hospital, professional

21-15    nursing and funeral services, and in the case of an income

21-16    producer, payment of benefits for loss of income as the result of

21-17    the accident;  and where the person injured in the accident was not

21-18    an income or wage producer at the time of the accident, payments of

21-19    benefits must be made in reimbursement of necessary and reasonable

21-20    expenses incurred for essential services ordinarily performed by

21-21    the injured person for care and maintenance of the family or family

21-22    household.  The insurer providing loss of income benefits may

21-23    require, as a condition of receiving such benefits, that the

21-24    insured person furnish the insurer reasonable medical proof of the

21-25    [his] injury causing loss of income.  The personal injury

21-26    protection in this paragraph specified shall not exceed $2,500 for

21-27    all benefits, in the aggregate, for each person.

 22-1          (c)  The benefits required by this Act shall be payable

 22-2    without regard to the fault or non-fault of the named insured or

 22-3    the recipient in causing or contributing to the accident.

 22-4    Medical[, and without regard to any collateral source of medical],

 22-5    hospital, [or] wage continuation benefits, or similar benefits

 22-6    available to the injured person provide primary coverage for the

 22-7    injury.  Except as provided by this subsection, an [An] insurer

 22-8    paying benefits pursuant to this Act shall have no right of

 22-9    subrogation and no claim against any other person or insurer to

22-10    recover any such benefits by reason of the alleged fault of such

22-11    other person in causing or contributing to the accident.

22-12          SECTION 15.  Article 5.09(c), Insurance Code, is amended to

22-13    read as follows:

22-14          (c)  Notwithstanding Subsection (a) of this article, [on and

22-15    after March 1, 1992,] rates for motor vehicle insurance, other than

22-16    passenger vehicle liability insurance, [vehicles] are determined as

22-17    provided by Subchapter M of this chapter.

22-18          SECTION 16.  Article 5.11(c), Insurance Code, is amended to

22-19    read as follows:

22-20          (c)  Notwithstanding Subsections (a) and (b) of this article,

22-21    [on and after March 1, 1992,] rates for motor vehicle insurance,

22-22    other than passenger vehicle insurance [vehicles] are determined as

22-23    provided by Subchapter M of this chapter.

22-24          SECTION 17.  Article 5.96(a-1), Insurance Code, is amended to

22-25    read as follows:

22-26          (a-1)  Except as provided by Section 5(d), Article 5.101, of

22-27    this code, this article does not apply to the setting of rates for

 23-1    passenger vehicles or benchmark rates for other motor vehicle

 23-2    insurance or for [and] fire or [and] allied lines insurance under

 23-3    Subchapter M of this chapter.

 23-4          SECTION 18.  Section 1, Article 5.101, Insurance Code, is

 23-5    amended to read as follows:

 23-6          Sec. 1.  PURPOSE.  The program on flexible rating is designed

 23-7    to help stabilize the rates charged for insurance in lines of

 23-8    property and casualty insurance covered by Subchapters A and C of

 23-9    this chapter.  This article does not apply to:

23-10                (1)  ocean marine insurance;

23-11                (2)  inland marine insurance;

23-12                (3)  fidelity, surety and guaranty bond insurance;

23-13                (4)  errors and omissions insurance;

23-14                (5)  directors' and officers' liability insurance;

23-15                (6)  general liability insurance;

23-16                (7)  commercial property insurance;

23-17                (8)  workers' compensation insurance;

23-18                (9)  professional liability insurance for physicians

23-19    and health care providers as defined in Article 5.15-1 of this

23-20    code;  [or]

23-21                (10)  attorney's professional liability insurance; or

23-22                (11)  passenger vehicle liability insurance.

23-23          SECTION 19.  The following laws are repealed:

23-24                (1)  Section 502.153, Transportation Code;

23-25                (2)  Section 548.105, Transportation Code;

23-26                (3)  Section 29, Chapter 705, Acts of the 74th

23-27    Legislature, Regular Session, 1995;

 24-1                (4)  Section 4, Chapter 443, Acts of the 74th

 24-2    Legislature, Regular Session, 1995;

 24-3                (5)  Section 5, Chapter 621, Acts of the 74th

 24-4    Legislature, Regular Session, 1995; and

 24-5                (6)  Article 21.81, Insurance Code.

 24-6          SECTION 20.  (a)  Except as provided by Subsection (b) of

 24-7    this section, this Act takes effect September 1, 1997.

 24-8          (b)  Section 19 of this Act takes effect January 1, 1998.

 24-9          (c)  This Act applies only to the operation of a passenger

24-10    vehicle on or after January 1, 1998.  Operation of a passenger

24-11    vehicle before January 1, 1998, is governed by the law in effect

24-12    immediately before the effective date of this Act, and that law is

24-13    continued in effect for that purpose.

24-14          (d)  This Act applies only to an insurance policy that is

24-15    delivered, issued for delivery, or renewed on or after January 1,

24-16    1998.  A policy that is delivered, issued for delivery, or renewed

24-17    before January 1, 1998, is governed by the law as it existed

24-18    immediately before the effective date of this Act, and that law is

24-19    continued in effect for that purpose.

24-20          SECTION 21.  The importance of this legislation and the

24-21    crowded condition of the calendars in both houses create an

24-22    emergency and an imperative public necessity that the

24-23    constitutional rule requiring bills to be read on three several

24-24    days in each house be suspended, and this rule is hereby suspended.