By Smith H.B. No. 2263
75R5252 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of accident information in the determination of
1-3 premiums charged for private passenger motor vehicle insurance.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 5, Insurance Code, is
1-6 amended by adding Article 5.01A to read as follows:
1-7 Art. 5.01A. USE OF CERTAIN INFORMATION BY INSURER PROHIBITED
1-8 IN DETERMINING PREMIUMS. (a) In establishing premiums for a
1-9 policy of private passenger motor vehicle insurance, an insurer may
1-10 not charge a higher premium to an insured for coverage under the
1-11 policy based solely on a claim under the policy for damages
1-12 incurred in an accident in which the named insured or other covered
1-13 person was determined by the insurer not to be at fault.
1-14 (b) This article applies to private passenger motor vehicle
1-15 insurance policies written by all insurers, as that term is used by
1-16 Article 5.01(a) of this code, and includes a policy that is
1-17 delivered, issued for delivery, or renewed in this state by a
1-18 county mutual insurance company or by a surplus lines agent
1-19 regulated under Article 1.14-2 of this code.
1-20 SECTION 2. Section 3, Article 5.101, Insurance Code, is
1-21 amended by adding Subsection (r) to read as follows:
1-22 (r) Notwithstanding any other provision of this article, in
1-23 establishing premiums for a policy of private passenger motor
1-24 vehicle insurance, an insurer may not charge a higher premium to an
2-1 insured for coverage under the policy based solely on a claim under
2-2 the policy for damages incurred in an accident in which the named
2-3 insured or other covered person was determined by the insurer not
2-4 to be at fault. This subsection applies to private passenger motor
2-5 vehicle insurance policies written by all insurers, as that term is
2-6 used by Article 5.01(a) of this code, and includes a policy that
2-7 is delivered, issued for delivery, or renewed in this state by a
2-8 county mutual insurance company or by a surplus lines agent
2-9 regulated under Article 1.14-2 of this code.
2-10 SECTION 3. This Act takes effect September 1, 1997, and
2-11 applies only to a policy of motor vehicle insurance that is
2-12 delivered, issued for delivery, or renewed on or after January 1,
2-13 1998. A policy that is delivered, issued for delivery, or renewed
2-14 before January 1, 1998, is governed by the law as it existed
2-15 immediately before the effective date of this Act, and that law is
2-16 continued in effect for that purpose.
2-17 SECTION 4. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.