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.