By Moreno of Harris H.B. No. 2500
Substitute the following for H.B. No. 2500:
By Moreno of Harris C.S.H.B. No. 2500
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a prohibition on the use of certain underwriting
1-3 guidelines in motor vehicle insurance.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 21, Insurance Code, is
1-6 amended by adding Article 21.21-13 to read as follows:
1-7 Art. 21.21-13. PROHIBITION ON USE IN MOTOR VEHICLE INSURANCE
1-8 OF UNDERWRITING GUIDELINES BASED ON DECLINATION, NONRENEWAL, OR
1-9 CANCELLATION OF CERTAIN PREVIOUS COVERAGE
1-10 Sec. 1. DEFINITIONS. In this article:
1-11 (1) "Insurer" means an insurer authorized to write
1-12 motor vehicle insurance in this state, including:
1-13 (A) a county mutual insurance company;
1-14 (B) a Lloyd's plan company; or
1-15 (C) a reciprocal or interinsurance exchange.
1-16 (2) "Underwriting guideline" means a rule, standard,
1-17 marketing decision, or practice, whether written, oral, or
1-18 electronic, that is used by an insurer or an agent of an insurer
1-19 to:
1-20 (A) examine, bind, accept, reject, renew,
1-21 nonrenew, cancel, or limit insurance coverage made available to
1-22 groups of consumers of insurance;
1-23 (B) classify risks for insurance coverage; or
1-24 (C) charge different rates for the same
2-1 insurance coverage.
2-2 Sec. 2. APPLICATION. This article applies to a personal
2-3 automobile insurance policy.
2-4 Sec. 3. PROHIBITION; EXEMPTION. An insurer may not use an
2-5 underwriting guideline that rejects or limits insurance coverage
2-6 based solely on whether an applicant for insurance has had prior
2-7 motor vehicle insurance coverage declined, nonrenewed, or canceled
2-8 by an insurer.
2-9 Sec. 4. PENALTY. An insurer who violates this article
2-10 commits an unfair practice in violation of Article 21.21 of this
2-11 code and is subject to the penalties imposed under that article.
2-12 SECTION 2. Article 21.21-13, Insurance Code, as added by
2-13 this Act, applies only to an insurance policy delivered, issued for
2-14 delivery, or renewed on or after January 1, 2000. A policy
2-15 delivered, issued for delivery, or renewed before January 1, 2000,
2-16 is governed by the law as it existed immediately before the
2-17 effective date of this Act, and that law is continued in effect for
2-18 that purpose.
2-19 SECTION 3. This Act takes effect September 1, 1999.
2-20 SECTION 4. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended.