By Puente H.B. No. 249 76R521 AJA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain requirements imposed by certain insurers as a 1-3 condition of settlement of a motor vehicle insurance claim. 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 5.06-7 to read as follows: 1-7 Art. 5.06-7. SETTLEMENT OF CLAIM; REQUIRED STATEMENT OF 1-8 FACTS. (a) In this article, "insurer" means an insurance company, 1-9 interinsurance exchange, mutual, capital stock company, fraternal 1-10 benefit society, local mutual aid association, county mutual, 1-11 reciprocal, association, Lloyd's plan, or other entity writing 1-12 motor vehicle insurance in this state. The term includes an 1-13 affiliate, as defined by Section 2, Article 21.49-1, of this code. 1-14 (b) An insurer may not require a third party claimant to 1-15 give a statement of the facts relating to a motor vehicle insurance 1-16 claim as a condition of determining whether to pay or settle the 1-17 claim unless the third party claimant is given an opportunity to 1-18 obtain a statement in a similar format from the insurer's insured. 1-19 This article does not apply if the insured is unable to give a 1-20 statement for a reason outside the insurer's control. 1-21 SECTION 2. This Act takes effect September 1, 1999, and 1-22 applies only to a motor vehicle insurance claim that accrues on or 1-23 after the effective date of this Act. A claim that accrues before 1-24 the effective date of this Act is governed by the law as it existed 2-1 immediately before the effective date of this Act, and that law is 2-2 continued in effect for that purpose. 2-3 SECTION 3. The importance of this legislation and the 2-4 crowded condition of the calendars in both houses create an 2-5 emergency and an imperative public necessity that the 2-6 constitutional rule requiring bills to be read on three several 2-7 days in each house be suspended, and this rule is hereby suspended.