SRC-CTC, MWN S.B. 186 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 186
77R1231 MXM-DBy: Truan
Veterans Affairs and Military Installations
2/1/2001
As Filed


DIGEST AND PURPOSE 

Currently, automobile insurance discounts are not allowed for active duty
military personnel with good driving records, while other groups are
allowed discounts.  As proposed, S.B. 186 allows automobile insurance
discounts for active duty military personnel, or the spouse of an
individual on active duty in the military, who have met certain criteria. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of insurance
in SECTION 1 (Section 2, Article 5.03-6, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 5A, Insurance Code, by adding Article 5.03-6, as
follows: 

Art. 5.03-6. PREMIUM DISCOUNT FOR UNITED STATES ARMED FORCES PERSONNEL  
 Sec. 1. DEFINITIONS. Defines "applicant," "insurer," and "motor vehicle."

Sec. 2. DISCOUNT AUTHORIZED; ELIGIBILITY CONDITIONS FOR DRIVERS. Authorizes
an insurer who delivers or issues for delivery in this state a motor
vehicle insurance policy, on receipt of written verification from the
insured that the insured or a family member covered by the policy is
eligible under Subsection (b) to grant a discount in the amount provided by
Subsection (f) in the premiums charged for the liability, medical payments,
personal injury protection, and collision coverage only for the motor
vehicle designated to be driven by the eligible individual. Sets forth
eligibility requirements for the discount authorized under this section.
Provides that an applicant is not eligible to receive a discount under this
article if the applicant has been convicted of an offense relating to the
operation of a motor vehicle under Chapter 49 (Intoxication and Alcoholic
Beverage Offenses), Penal Code; Article 6701l-1 (Repealed), V.T.C.S., as
that statute existed before repeal by Chapter 900, Acts of the 73rd
Legislature, Regular Session, 1993, or Section 19.05 (Criminally Negligent
Homicide), Penal Code, as that statute existed before amendment by Chapter
900, Acts of the 73rd Legislature, Regular Session, 1993; or another
state's similar statutes.  Provides that for purposes of Subsections (b)
and (c), an applicant is considered to have been convicted in a case if a
sentence is imposed; or the applicant receives community supervision or
analogous treatment under the law of another state. Authorizes the
commissioner of insurance (commissioner) by rule to establish additional
requirements for receipt of a discount under this article. Requires the
commissioner by rule to set the amount of the discount applicable under
this article and authorizes the commissioner to adopt other rules necessary
for the implementation of this article. 

Sec. 3. INELIGIBILITY; REVOCATION OF DISCOUNT. Prohibits an individual from
continuing to receive a discount under this article after the first date on
which the individual fails to satisfy the requirements of Section 2 of this
article unless the individual reestablishes eligibility under this article.
Requires an insurer to revoke a discount under this article if an applicant
for the discount  knowingly provides false information in or with the
application. 

SECTION 2. Makes application of this Act prospective to January 1, 2002.

SECTION 3. Effective date: September 1, 2001.