By Burnam                                             H.B. No. 3099
         76R7263 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a mile-based rating plan for motor vehicle insurance.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter A, Chapter 5, Insurance Code, is
 1-5     amended by adding Article 5.01-4 to read as follows:
 1-6           Art. 5.01-4.  TIME-BASED AND MILE-BASED RATING PLANS
 1-7     REQUIRED.  (a)  In this article:
 1-8                 (1)  "Mile-based rating plan" means a rating plan for
 1-9     which a unit of exposure is one mile traveled by the insured motor
1-10     vehicle.
1-11                 (2)  "Time-based rating plan" means a rating plan for
1-12     which a unit of exposure is a unit of time.
1-13           (b)  An insurer writing motor vehicle insurance in this state
1-14     shall offer each person who purchases motor vehicle insurance
1-15     coverage from that insurer a choice between a mile-based rating
1-16     plan and a time-based rating plan for coverage for losses caused by
1-17     collision or other driving-related accident.
1-18           (c)  The commissioner shall adopt rules as necessary or
1-19     appropriate to govern the use of a mile-based rating plan under
1-20     this article, including rules regarding:
1-21                 (1)  prepayment arrangements;
1-22                 (2)  proof of financial responsibility;
1-23                 (3)  auditing of the odometer of a vehicle for the
1-24     purpose of determining whether coverage is in force; and
 2-1                 (4)  policy forms.
 2-2           (d)  This article applies to county mutual insurance
 2-3     companies.
 2-4           SECTION 2.  Article 5.101, Insurance Code, is amended by
 2-5     adding Section 6 to read as follows:
 2-6           Sec. 6.  TIME-BASED AND MILE-BASED RATING PLANS FOR MOTOR
 2-7     VEHICLE INSURANCE.  (a)  In this section:
 2-8                 (1)  "Mile-based rating plan" means a rating plan for
 2-9     which a unit of exposure is one mile traveled by the insured motor
2-10     vehicle.
2-11                 (2)  "Time-based rating plan" means a rating plan for
2-12     which a unit of exposure is a unit of time.
2-13           (b)  Notwithstanding this article or any other insurance law
2-14     of this state, for motor vehicle insurance lines subject to this
2-15     article that provide coverage for losses caused by collision or
2-16     other driving-related accident, the commissioner shall promulgate
2-17     separate benchmark rates for mile-based rating plans and time-based
2-18     rating plans.
2-19           (c)  In promulgating a rating manual for a motor vehicle
2-20     insurance line under Section 3(k) of this article, the commissioner
2-21     must use the same classifications and territories for mile-based
2-22     and time-based rating plans.
2-23           (d)  The commissioner may not approve a rating manual under
2-24     Section 3(l) of this article for a motor vehicle insurance line
2-25     subject to this article if the classifications and territories used
2-26     in the manual are not the same for mile-based and time-based rating
2-27     plans.
 3-1           SECTION 3.  This Act takes effect September 1, 1999.
 3-2           SECTION 4.  (a)  This Act applies only to a motor vehicle
 3-3     insurance policy that is delivered, issued for delivery, or renewed
 3-4     on or after January 1, 2000.  A motor vehicle policy delivered,
 3-5     issued for delivery, or renewed before January 1, 2000, is governed
 3-6     by the law as it existed immediately before the effective date of
 3-7     this Act, and that law is continued in effect for that purpose.
 3-8           (b)  An insurer is not required to offer a mile-based rating
 3-9     plan as required under Article 5.01-4, Insurance Code, as added by
3-10     this Act, before January 1, 2002.  An insurer may only offer a
3-11     mile-based rating plan before January 1, 2002, with the approval of
3-12     the commissioner of insurance.
3-13           (c)  The commissioner of insurance shall adopt all rules
3-14     necessary to implement Article 5.01-4, Insurance Code, as added by
3-15     this Act, not later than September 1, 2001.
3-16           SECTION 5.  The importance of this legislation and the
3-17     crowded condition of the calendars in both houses create an
3-18     emergency and an imperative public necessity that the
3-19     constitutional rule requiring bills to be read on three several
3-20     days in each house be suspended, and this rule is hereby suspended.