Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Averitt H.B. No. 2794
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to actions for amount of deductible under personal
1-3 automobile insurance policies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 21.79E, Insurance Code, is amended to
1-6 read as follows:
1-7 Art. 21.79E. Action for Amount of Deductible. (a) This
1-8 article applies to any insurer who delivers, issues for delivery,
1-9 or renews a [policy of motor vehicle] private passenger automobile
1-10 insurance policy in this state, including an interinsurance
1-11 exchange, mutual, reciprocal, association, Lloyd's, or other
1-12 insurer.
1-13 (b) Notwithstanding any other provision of this code, and
1-14 except as provided by Subsection (c) of this article, if an insurer
1-15 is liable to an insured for a claim, and such [the] claim is
1-16 subject to a deductible payable by the insured, and a third party
1-17 may be liable to the insurer or the insured for the amount of the
1-18 deductible, the insurer shall file a lawsuit or take other action
1-19 resulting in a binding, enforceable judgment for recovery of [bring
1-20 an action to recover] the deductible against the third party not
1-21 later than twelve [six] months after the date the claim is made or
1-22 pay the amount of the deductible to the insured.
1-23 (c) Subsection (b) of this article does not apply if, not
1-24 later than twelve [six] months after the date the claim is made,
2-1 the insurer notifies the insured in writing that the insurer does
2-2 [will] not intend to take action, as specified in subsection (b) of
2-3 this article, [bring an action] against the third party and
2-4 authorizes the insured to take [bring the] action to recover the
2-5 deductible.
2-6 (d) This article applies whether the third party who may be
2-7 liable for the amount of the deductible is insured or uninsured.
2-8 SECTION 2. The Commissioner is authorized to promulgate
2-9 rules to implement this article.
2-10 SECTION 3. This Act takes effect September 1, 1997.
2-11 SECTION 4. EMERGENCY CLAUSE. The importance of this
2-12 legislation and the crowded condition of the calendars in both
2-13 houses create an emergency and an imperative public necessity that
2-14 the constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.