By Edwards                                            H.B. No. 2080
         76R7910 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to agreements between insurers and certain repair persons
 1-3     or facilities.
 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 5.07-2 to read as follows:
 1-7           Art. 5.07-2. REPAIR OF MOTOR VEHICLE; ANY WILLING REPAIR
 1-8     PERSON OR FACILITY.  (a)  An insurer that enters into a contract
 1-9     described by Article 5.07-1(c) of this code shall enter into a
1-10     contract subject to substantially the same terms and conditions
1-11     with any repair person or facility that:
1-12                 (1)  states a desire to enter into the contract with
1-13     the insurer;
1-14                 (2)  accepts the terms and conditions of the contract;
1-15     and
1-16                 (3)  is capable of executing the contract according to
1-17     its terms.
1-18           (b)  The commissioner may adopt rules to enforce this
1-19     article. The commissioner by rule may require an insurer to submit
1-20     contracts and other information or documents as necessary to
1-21     enforce this article.
1-22           SECTION 2.  This Act takes effect September 1, 1999, and
1-23     applies only to a contract between an insurer and a repair person
1-24     or facility that is made on or after January 1, 2000. A contract
 2-1     between an insurer and a repair person or facility that is made
 2-2     before January 1, 2000, is governed by the law as it exists
 2-3     immediately before the effective date of this Act and that law is
 2-4     continued in effect for that purpose.
 2-5           SECTION 3.  The importance of this legislation and the
 2-6     crowded condition of the calendars in both houses create an
 2-7     emergency and an imperative public necessity that the
 2-8     constitutional rule requiring bills to be read on three several
 2-9     days in each house be suspended, and this rule is hereby suspended.