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.