By Chavez                                              H.B. No. 765
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to motor vehicle insurance coverage requirements for
 1-3     operation of certain motor vehicles; providing a penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  The Insurance Code is amended by adding Chapter
 1-6     28 to read as follows:
 1-7                CHAPTER 28.  INSURANCE FOR PASSENGER VEHICLES
 1-8                      SUBCHAPTER A.  GENERAL PROVISIONS
 1-9           Art. 28.001.  DEFINITIONS.  In this chapter:
1-10                 (1)  "Driver's license" has the meaning assigned by
1-11     Section 521.001, Transportation Code.
1-12                 (2)  "Highway" means the entire width between property
1-13     lines of a road, street, or way in this state that is not privately
1-14     owned or controlled:
1-15                       (A)  some part of which is open to the public for
1-16     vehicular traffic; and
1-17                       (B)  over which the state has legislative
1-18     jurisdiction under its police power.
1-19                 (3)  "Passenger vehicle" means a vehicle described by
1-20     Section 521.083 or 521.084, Transportation Code.
1-21           Art. 28.002.  EXCEPTION TO APPLICATION.  This chapter does
1-22     not apply to a person while the person is operating  a government
 2-1     vehicle in the course of the person's employment.
 2-2           Art. 28.003.  REFERENCES TO PRIOR LAW.  A reference in
 2-3     another law to the Motor Vehicle Safety-Responsibility Act (Article
 2-4     6701h, Vernon's Texas Civil Statutes), as that law existed on
 2-5     August 31, 1995, or to Chapter 601, Transportation Code, as that
 2-6     law existed on August 31, 1999, means, insofar as it is applicable
 2-7     to a passenger vehicle, this chapter.
 2-8                    SUBCHAPTER B.  INSURANCE REQUIREMENT
 2-9           Art. 28.051.  INSURANCE REQUIRED.  A person may not operate a
2-10     passenger vehicle on a highway unless the person is covered for
2-11     damages arising from that person's use of a passenger vehicle by a
2-12     passenger vehicle liability insurance policy that complies with
2-13     Subchapter C of this chapter.
2-14                 SUBCHAPTER C.  PASSENGER VEHICLE INSURANCE
2-15           Art. 27.101.  PASSENGER VEHICLE LIABILITY INSURANCE;
2-16     REQUIREMENTS.  (a)  To satisfy the requirement of Article 27.051 of
2-17     this code, a passenger vehicle liability insurance policy must:
2-18                 (1)  except as provided by Subsection (b) of this
2-19     article, be issued by an insurance company authorized to write
2-20     motor vehicle liability insurance in this state;
2-21                 (2)  be written to or for the benefit of each person
2-22     named in the policy as the insured; and
2-23                 (3)  meet the requirements of this subchapter.
2-24           (b)  A person who is not a resident of this state and who
2-25     does not hold a driver's license issued by this state may satisfy
2-26     the requirements of Article 27.051 of this code through a motor
 3-1     vehicle liability insurance policy written by an insurance company
 3-2     that is not authorized to do business in this state if the
 3-3     insurance company:
 3-4                 (1)  is authorized to do business in another state of
 3-5     the United States;
 3-6                 (2)  executes a power of attorney authorizing the
 3-7     department to accept on its behalf service of notice or process in
 3-8     an action arising out of a motor vehicle accident in this state;
 3-9     and
3-10                 (3)  agrees in writing that its policies will be
3-11     treated as conforming to the laws of this state relating to the
3-12     terms of a passenger vehicle liability insurance policy.
3-13           Art. 27.102.  MINIMUM COVERAGE AMOUNTS.  (a)  The minimum
3-14     amounts of passenger vehicle liability insurance coverage required
3-15     by this chapter are:
3-16                 (1)  $30,000 for bodily injury to or death of one
3-17     person in one accident;
3-18                 (2)  $60,000 for bodily injury to or death of two or
3-19     more persons in one accident, subject to the amount provided by
3-20     Subdivision (1) of this subsection for bodily injury to or death of
3-21     one of the persons; and
3-22                 (3)  $20,000 for damage to or destruction of property
3-23     of others in one accident.
3-24           (b)  The coverage required under Subsection (a) of this
3-25     article may exclude, with respect to one accident:
3-26                 (1)  the first $250 of liability for bodily injury to
 4-1     or death of one person;
 4-2                 (2)  the first $500 of liability for bodily injury to
 4-3     or death of two or more persons, subject to the amount provided by
 4-4     Subdivision (1) of this subsection for bodily injury to or death of
 4-5     one of the persons; and
 4-6                 (3)  the first $250 of liability for damage to or
 4-7     destruction of property of others.
 4-8           Art. 28.103.  REQUIRED TERMS.  A passenger vehicle liability
 4-9     insurance policy required by this chapter must pay, on behalf of
4-10     each named insured, amounts the insured becomes obligated to pay as
4-11     damages arising out of the use by the insured of any passenger
4-12     vehicle in the United States or Canada, subject to the amounts and
4-13     exclusions of Article 28.102 of this code.
4-14           Art. 28.104.  PROHIBITED TERMS.  A passenger vehicle
4-15     liability insurance policy required by this chapter may not insure
4-16     against liability:
4-17                 (1)  for which the insured or the insured's insurer may
4-18     be held liable under a workers' compensation law;
4-19                 (2)  for bodily injury to or death of an employee of
4-20     the insured while engaged in the employment, other than domestic,
4-21     of the insured, or in domestic employment if benefits for the
4-22     injury are payable or required to be provided under a workers'
4-23     compensation law; or
4-24                 (3)  for injury to or destruction of property owned by,
4-25     rented to, in the care of, or transported by the insured.
4-26           Art. 28.105.  ADDITIONAL COVERAGE.  (a)  Subject to Article
 5-1     28.104 of this code, an insurance policy that provides the coverage
 5-2     required for a passenger vehicle liability insurance policy by this
 5-3     chapter may also provide other coverage in excess of or in addition
 5-4     to the required coverage. The additional coverage may include:
 5-5                 (1)  comprehensive coverage applicable to a passenger
 5-6     vehicle owned by the insured; or
 5-7                 (2)  coverage for liability incurred by the insured
 5-8     arising out of the use of a passenger vehicle owned by the insured
 5-9     by another person who holds a driver's license issued by another
5-10     state.
5-11           (b)  The excess or additional coverage is not subject to this
5-12     chapter.
5-13           Art. 28.106.  POLICY FORM.  The policy form and any
5-14     endorsement to the policy form shall be adopted by the commissioner
5-15     in accordance with Article 5.06 of this code.  The form must state
5-16     the dollar amount of coverage provided, including any optional
5-17     coverage provided.
5-18           Art. 28.107.  MULTIPLE POLICIES.  This chapter's requirements
5-19     for a passenger vehicle liability insurance policy may be satisfied
5-20     by a combination of policies of one or more insurance companies if
5-21     the policies in combination meet the requirements.
5-22           Art. 28.108.  NOTICE TO TEXAS DEPARTMENT OF PUBLIC SAFETY;
5-23     CONTINUATION OF COVERAGE; CONSIDERATION OF DRIVING RECORD.  (a)  A
5-24     motor vehicle insurance company that writes a policy of passenger
5-25     vehicle insurance that the company represents as satisfying the
5-26     requirements of this chapter shall notify the Texas Department of
 6-1     Public Safety of:
 6-2                 (1)  the issuance of the policy;
 6-3                 (2)  the termination of the policy by the company or by
 6-4     an insured; or
 6-5                 (3)  a claim made under the policy.
 6-6           (b)  Coverage under a passenger vehicle insurance policy
 6-7     written to satisfy this chapter that is terminated continues until
 6-8     the fifth day after the date notice is mailed under Subsection
 6-9     (a)(2) of this article.
6-10           (c)  On receipt of notice of termination of coverage under
6-11     the policy under Subsection (a)(2) of this article, the Texas
6-12     Department of Public Safety shall suspend the person's driver's
6-13     license under Subchapter T, Chapter 521, Transportation Code.
6-14           (d)  On receipt of notice under Subsection (a)(3) of this
6-15     article of five or more claims against an insured's policy during
6-16     any three-year period, the public safety director of the Texas
6-17     Department of Public Safety shall review the insured's record and
6-18     may initiate proceedings to consider suspension or revocation of
6-19     the insured's license under Subchapter N, Chapter 521,
6-20     Transportation Code.
6-21           Art. 28.109.  PROOF OF COVERAGE.  The commissioner shall
6-22     prescribe a standard proof of insurance form to be used by an
6-23     insured to comply with Section 521.143, Transportation Code.
6-24           SUBCHAPTER D.  GUARANTEED ISSUE AND RENEWABILITY; RATES
6-25           Art. 28.151.  ISSUANCE TO LICENSED DRIVER.  An insurance
6-26     company authorized to write motor vehicle liability insurance in
 7-1     this state may not refuse to issue or renew a passenger vehicle
 7-2     insurance policy in the minimum amounts required by this chapter to
 7-3     a person who holds a driver's license or who has been certified by
 7-4     the Texas Department of Public Safety as eligible to hold a license
 7-5     under Section 521.143, Transportation Code.
 7-6           Art. 28.152.  RATES.  (a)  The commissioner, after notice and
 7-7     hearing, shall establish the minimum base rates for passenger
 7-8     vehicle liability insurance issued under this chapter and shall
 7-9     annually adjust the minimum base rates as is actuarially
7-10     justifiable.  The commissioner shall adopt rules governing the
7-11     procedures for establishing and adjusting minimum base rates under
7-12     this section.  Subchapter A, Chapter 5, of this code does not apply
7-13     to rates for passenger vehicle liability insurance governed by this
7-14     chapter.  The flexible rating program and flexibility bands
7-15     established by Subchapter M, Chapter  5, of this code do not apply
7-16     to rates for passenger vehicle liability insurance governed by this
7-17     chapter.
7-18           (b)  The minimum base rates may not vary because of the
7-19     insured's area of residence, age, or gender.
7-20           (c)  Except as provided by this section, an insurer may not
7-21     charge a rate that exceeds the applicable minimum base rate
7-22     established under this section for passenger vehicle liability
7-23     insurance issued under this chapter.
7-24           (d)  If an insured was covered by one or more passenger
7-25     vehicle liability insurance policies issued under this chapter
7-26     that, during the period that began three years before the date on
 8-1     which a premium is due, paid one liability claim, the rate
 8-2     applicable to that insured is two times the minimum base rate that 
 8-3     would otherwise be applicable to the insured.
 8-4           (e)  If an insured was covered by one or more passenger
 8-5     vehicle liability insurance policies issued under this chapter
 8-6     that, during the period that began three years before the date on
 8-7     which a premium is due, paid two liability claims, the rate
 8-8     applicable to that insured is four times the minimum base rate that
 8-9     would otherwise be applicable to the insured.
8-10           (f)  If an insured was covered by one or more passenger
8-11     vehicle liability insurance policies issued under this chapter
8-12     that, during the period that began three years before the date on
8-13     which a premium is due, paid three liability claims, the rate
8-14     applicable to that insured is eight times the minimum base rate
8-15     that would otherwise be applicable to the insured.
8-16           (g)  If an insured was covered by one or more passenger
8-17     vehicle liability insurance policies issued under this chapter
8-18     that, during the period that began three years before the date on
8-19     which a premium is due, paid four liability claims, the rate
8-20     applicable to that insured is 16 times the minimum base rate that
8-21     would otherwise be applicable to the insured.
8-22           (h)  If an insured was covered by one or more passenger
8-23     vehicle liability insurance policies issued under this chapter
8-24     that, during the period that began three years before the date on
8-25     which a premium is due, paid five or more liability claims, the
8-26     rate applicable to that insured is 32 times the minimum base rate
 9-1     that would otherwise be applicable to the insured. An insurer that
 9-2     knows of five or more liability claims against an insured during a
 9-3     three-year period shall notify the department, and the department
 9-4     shall review the insured's record as provided by Article 28.108(d)
 9-5     of this code.
 9-6                          SUBCHAPTER E.  PENALTIES
 9-7           Art. 28.201.  OPERATION OF PASSENGER VEHICLE IN VIOLATION OF
 9-8     INSURANCE REQUIREMENT; OFFENSE.  (a)  A person commits an offense
 9-9     if the person operates a passenger vehicle in violation of Article
9-10     28.051 of this code.
9-11           (b)  Except as provided by Subsection (c) of this article, an
9-12     offense under this article is a Class A misdemeanor.
9-13           (c)  If it is shown on the trial of an offense under
9-14     Subsection (a) of this article that the person has been previously
9-15     convicted of an offense under that subsection, an offense under
9-16     this article is a state jail felony.
9-17           SECTION 2.  Chapter 521, Transportation Code, is amended by
9-18     adding Subchapter T to read as follows:
9-19           SUBCHAPTER T.  SUMMARY SUSPENSION AFTER TERMINATION OF
9-20                         PASSENGER VEHICLE INSURANCE
9-21           Sec. 521.501.  NOTICE OF TERMINATION OF INSURANCE; SUSPENSION
9-22     OF LICENSE.  (a)  On receipt of notice under Article 28.108,
9-23     Insurance Code, that the passenger vehicle insurance issued to a
9-24     license holder has been canceled, the director shall mail a notice
9-25     of that fact and of the provisions of this subchapter to the
9-26     license holder.
 10-1          (b)  The person's license is suspended on the 10th day after
 10-2    the date that notice under this section is mailed unless, before
 10-3    that date, the person:
 10-4                (1)  submits evidence of substitute passenger vehicle
 10-5    liability insurance that complies with the requirements of Chapter
 10-6    28, Insurance Code; or
 10-7                (2)  requests a hearing under this subchapter.
 10-8          Sec. 521.502.  HEARING.  (a)  A hearing under this subchapter
 10-9    shall be conducted in the same manner as a hearing under Section
10-10    521.293.
10-11          (b)  The hearing must be conducted not later than the fifth
10-12    day after the date that the request for hearing is received by the
10-13    department.
10-14          (c)  The sole issue to be determined at the hearing is
10-15    whether the license holder is covered by a policy of passenger
10-16    vehicle liability insurance that complies with the requirements of
10-17    Chapter 28, Insurance Code.
10-18          (d)  If the license holder is not covered by a policy of
10-19    passenger vehicle liability insurance that complies with the
10-20    requirements of Chapter 28, Insurance Code, the presiding officer
10-21    shall recommend that the license be suspended and the director
10-22    shall suspend the license.
10-23          (e)  A person may appeal the suspension of a driver's license
10-24    under this section in the manner provided for an appeal under
10-25    Section 521.302.  The sole issue in an appeal is whether the
10-26    license holder was, at the time of the suspension, covered by
 11-1    passenger vehicle liability insurance that complies with the
 11-2    requirements of Chapter 28, Insurance Code.  Section 521.302(f)
 11-3    does not apply to an appeal under this subsection and the
 11-4    suspension of the license is not stayed pending the appeal.
 11-5          Sec. 521.503.  PERIOD OF SUSPENSION.  (a)  Suspension of a
 11-6    license under this subchapter continues until the license holder:
 11-7                (1)  submits to the director satisfactory evidence of
 11-8    passenger vehicle liability insurance that complies with the
 11-9    requirements of Chapter 28, Insurance Code; and
11-10                (2)  complies with each requirement for renewal of the
11-11    license.
11-12          (b)  A license may not be renewed during the period of
11-13    suspension.
11-14          Sec. 521.504.  SURRENDER OF LICENSE; RETURN.  (a)  On
11-15    suspension of a license under this subchapter, the department shall
11-16    require the license holder to surrender the license to the
11-17    department.
11-18          (b)  The department shall return a suspended license to the
11-19    license holder at the time the suspension is terminated unless,
11-20    during the period of suspension, the license expired or was
11-21    revoked.
11-22          SECTION 3.  Section 521.143, Transportation Code, is amended
11-23    to read as follows:
11-24          Sec. 521.143.  EVIDENCE OF FINANCIAL RESPONSIBILITY REQUIRED.
11-25    (a)  An application for an original or renewal of a driver's
11-26    license must be accompanied by evidence that the applicant is
 12-1    covered by a policy of passenger vehicle liability insurance that
 12-2    complies with the requirements of Article 5.06, Insurance Code, and
 12-3    Chapter 28, Insurance Code [of financial responsibility or a
 12-4    statement that the applicant does not own a motor vehicle for which
 12-5    evidence of financial responsibility is required under Chapter
 12-6    601].
 12-7          (b)  If an application for an original or renewal driver's
 12-8    license satisfies each requirement for issuance of a license, other
 12-9    than the requirement of Subsection (a), the department shall issue
12-10    to the person a certificate of eligibility for a driver's license.
12-11    On presentation of evidence that the applicant has satisfied the
12-12    requirement of Subsection (a), the department shall issue the
12-13    license in accordance with Subchapter I. [Evidence of financial
12-14    responsibility presented under this section must be in at least the
12-15    minimum amounts required by Section 601.072 and must cover each
12-16    motor vehicle owned by the applicant for which the applicant is
12-17    required to maintain evidence of financial responsibility.  The
12-18    evidence may be shown in the manner provided by Section 601.053(a).]
12-19          [(c)  A personal automobile insurance policy used as evidence
12-20    of financial responsibility under this section must comply with
12-21    Article 5.06, Insurance Code.]
12-22          [(d)  A statement that an applicant does not own a motor
12-23    vehicle to which the evidence of financial responsibility
12-24    requirement applies must be sworn to and signed by the applicant.] 
12-25          SECTION 4.  Subchapter A, Chapter 601, Transportation Code,
12-26    is amended by adding Section 601.0025 to read as follows:
 13-1          Sec. 601.0025.  PASSENGER VEHICLES EXCLUDED.  Notwithstanding
 13-2    any other law, this chapter does not apply to the operation,
 13-3    maintenance, or use of a passenger vehicle, as that term is defined
 13-4    by Article 28.001, Insurance Code, and the term "motor vehicle," as
 13-5    used in this chapter, does not include a passenger vehicle.
 13-6          SECTION 5.  Articles 5.01(e) and (f), Insurance Code, are
 13-7    amended to read as follows:
 13-8          (e)  Motor vehicle or automobile insurance as referred to in
 13-9    this subchapter shall be taken and construed to mean every form of
13-10    insurance on any automobile or other vehicle hereinafter enumerated
13-11    and its operating equipment or necessitated by reason of the
13-12    liability imposed by law for damages arising out of the ownership,
13-13    operation, maintenance, or use in this State of any automobile,
13-14    motorcycle, motor-driven cycle [motorbicycle], truck,
13-15    truck-tractor, tractor, traction engine, or any other
13-16    self-propelled vehicle, and including also every vehicle, trailer
13-17    or semi-trailer pulled or towed by a motor vehicle, but excluding
13-18    every motor vehicle running only upon fixed rails or tracks.  The
13-19    term includes a policy of passenger vehicle insurance written to
13-20    comply with Chapter 28 of this code.  Workers' Compensation
13-21    Insurance is excluded from the foregoing definition.
13-22          (f)  Notwithstanding Subsections (a) through (d) of this
13-23    article, [on and after March 1, 1992,] rates for motor vehicle
13-24    insurance in this state, other than passenger vehicle liability
13-25    insurance, are determined as provided by the flexible rating
13-26    program adopted under Subchapter M of this chapter.
 14-1          SECTION 6.  Article 5.01-2(b), Insurance Code, is amended to
 14-2    read as follows:
 14-3          (b)  Rates [On and after March 1, 1992, rates] for motor
 14-4    vehicle insurance written by a Lloyd's plan insurer or a reciprocal
 14-5    or interinsurance exchange, other than passenger vehicle liability
 14-6    insurance, are determined as provided by the flexible rating
 14-7    program adopted under Subchapter M of this chapter.
 14-8          SECTION 7.  Article 5.03(g), Insurance Code, is amended to
 14-9    read as follows:
14-10          (g)  Notwithstanding Sections (a) through (e) of this
14-11    article, [on and after March 1, 1992,] rates for motor vehicle
14-12    insurance, other than passenger vehicle liability insurance,
14-13    [vehicles] are determined as provided by Subchapter M of this
14-14    chapter.
14-15          SECTION 8.  Sections 1 and 2, Article 5.03-3, Insurance Code,
14-16    are amended to read as follows:
14-17          Sec. 1.  DEFINITIONS.  In this article:
14-18                (1)  "Honor student" means an individual who, according
14-19    to the official scholastic records for the preceding academic
14-20    semester, quarter, or other grade reporting period, has a:
14-21                      (A)  "B" average or better;  or
14-22                      (B)  3.0 average or better on a 4.0 scale.
14-23                (2)  "Insurer" means an insurance company,
14-24    interinsurance exchange, mutual, capital stock company, fraternal
14-25    benefit society, local mutual aid association, county mutual,
14-26    reciprocal, association, Lloyd's plan, or other entity writing
 15-1    motor vehicle insurance in this state.  The term includes a company
 15-2    affiliated with an insurer.
 15-3                (3)  ["Motor vehicle" means any private passenger
 15-4    vehicle that:]
 15-5                      [(A)  is registered in this state; and]
 15-6                      [(B)  has a gross weight of 25,000 pounds or
 15-7    less.]
 15-8                [(4)]  "Traffic safety regulation" means a law or
 15-9    ordinance of this state or a political subdivision of this state
15-10    relating to the operation of motor vehicles other than a regulation
15-11    relating to pedestrians or to the parking of motor vehicles.
15-12          Sec. 2.  DISCOUNT AUTHORIZED.  (a)  An insurer who delivers
15-13    or issues for delivery in this state a motor vehicle insurance
15-14    policy, on receipt of written verification from the insured that
15-15    the insured [or a family member covered by the policy] is eligible
15-16    under Subsection (b) of this section, and that the motor vehicle
15-17    available for use by the insured satisfies the requirements of
15-18    Subsection (c), may grant a discount in the amount provided by
15-19    Subsection (d) of this section [(c)] in the premiums charged for
15-20    the liability, medical payments,  and personal injury protection
15-21    coverage for the insured. If the insured is the owner of the motor
15-22    vehicle and the coverage is provided under an owner's policy of
15-23    passenger vehicle insurance, the discount may apply to [, and]
15-24    collision coverage [only for the motor vehicle designated to be
15-25    driven by the honor student].
15-26          (b)  To be eligible for a discount under this article, an
 16-1    applicant for a discount must file with the insurer annually the
 16-2    grade report issued by the school and other information that
 16-3    presents evidence satisfactory to establish that the person covered
 16-4    by the discount:
 16-5                (1)  is licensed to drive in this state;
 16-6                (2)  is under 25 years of age and qualifies as a
 16-7    youthful driver under the Texas Department of Insurance automobile
 16-8    classification plan;  and
 16-9                (3)  is enrolled as a full-time student in:
16-10                      (A)  the junior or senior year of high school;
16-11    or
16-12                      (B)  academic courses in an institution of higher
16-13    education.
16-14          (c)  The motor vehicle available for use by the insured, if
16-15    any, must be a private passenger vehicle that:
16-16                (1)  is registered in this state; and
16-17                (2)  has a gross weight of 25,000 pounds or less.
16-18          (d)  The commissioner by rule shall set the amount of the
16-19    discounts applicable under this article and may adopt other rules
16-20    necessary for the implementation of this article.
16-21          SECTION 9.  Sections 1 and 2, Article 5.03-5, Insurance Code,
16-22    are amended to read as follows:
16-23          Sec. 1. DEFINITIONS. In this article:
16-24                (1)  "Applicant" means an individual who applies under
16-25    this article for a discount in motor vehicle insurance premiums.
16-26                (2)  "Driving record" means an individual's history of
 17-1    convictions of violations of traffic safety regulations.
 17-2                (3)  "Insurer" means an insurance company,
 17-3    interinsurance exchange, mutual, capital stock company, fraternal
 17-4    benefit society, local mutual aid association, county mutual,
 17-5    reciprocal, association, Lloyd's plan, or other entity writing
 17-6    motor vehicle insurance in this state.  The term includes an
 17-7    affiliate, as defined by Section 2, Article 21.49-1, of this code. 
 17-8                (4)  ["Motor vehicle" means any private passenger
 17-9    vehicle that:]
17-10                      [(A)  is registered in this state; and]
17-11                      [(B)  has a gross weight of 25,000 pounds or
17-12    less.]
17-13                [(5)] "Traffic safety regulation" means a law or
17-14    ordinance of a state or a political subdivision of a state relating
17-15    to the operation of motor vehicles other than a regulation relating
17-16    to pedestrians or to the parking of motor vehicles.
17-17                (5) [(6)]  "Youth group" means a nonprofit organization
17-18    that:
17-19                      (A)  is chartered as a national or statewide
17-20    organization;
17-21                      (B)  is organized and operated exclusively for
17-22    youth recreational or educational purposes and that includes, as
17-23    part of the group's program, components relating to:
17-24                            (i)  prevention of drug abuse;
17-25                            (ii)  character development;
17-26                            (iii)  citizenship training; and
 18-1                            (iv)  physical and mental fitness;
 18-2                      (C)  has been in existence for at least 10 years;
 18-3    and
 18-4                      (D)  has a membership of which at least 65
 18-5    percent is younger than 22 years of age.
 18-6          Sec. 2.  DISCOUNT AUTHORIZED;  ELIGIBILITY CONDITIONS FOR
 18-7    DRIVERS.  (a)  An insurer who delivers or issues for delivery in
 18-8    this state a motor vehicle insurance policy, on receipt of written
 18-9    verification from the insured that the insured [or a family member
18-10    covered by the policy] is eligible under Subsection (b) of this
18-11    section, and that the motor vehicle available for use by the
18-12    insured satisfies the requirements of Subsection (c) of this
18-13    section, may grant a discount in the amount provided by Subsection
18-14    (g) [(f)] of this section in the premiums charged for the
18-15    liability,  medical payments, and personal injury protection
18-16    coverage for the insured. If the insured is the owner of the motor
18-17    vehicle and the  coverage is provided under an owner's policy of
18-18    passenger vehicle insurance, the discount may apply to [, and]
18-19    collision coverage only for the motor vehicle [designated to be
18-20    driven by the eligible person].
18-21          (b)  To be eligible for the discount authorized under
18-22    Subsection (a) of this section, an applicant must:
18-23                (1)  be licensed to drive in this state;
18-24                (2)  be a member of a youth group, including an adult
18-25    leader, board member, or officer of the group;
18-26                (3)  be younger than 22 years of age or an adult
 19-1    leader, board member, or officer of the group;
 19-2                (4)  have held a driver's license for at least three
 19-3    years on the date the application is filed;
 19-4                (5)  have not, during the three years preceding the
 19-5    date of the application, been convicted of a violation of a traffic
 19-6    safety regulation that involves a moving vehicle; and
 19-7                (6)  have not, during the three years preceding the
 19-8    date of the application, been found at fault in a motor vehicle
 19-9    accident.
19-10          (c)  The motor vehicle available for use by the insured, if
19-11    any, must be a private passenger vehicle that:
19-12                (1)  is registered in this state; and
19-13                (2)  has a gross weight of 25,000 pounds or less.
19-14          (d)  An applicant is not eligible to receive a discount under
19-15    this article if the applicant has been convicted of an offense
19-16    relating to the operation of a motor vehicle under:
19-17                (1)  Chapter 49, Penal Code;
19-18                (2)  Article 6701l-1, Revised Statutes, as that statute
19-19    existed before repeal by Chapter 900, Acts of the 73rd Legislature,
19-20    Regular Session, 1993, or Section 19.05, Penal Code, as that
19-21    statute existed before amendment by Chapter 900, Acts of the 73rd
19-22    Legislature, Regular Session, 1993; or
19-23                (3)  another state's statute similar to a statute
19-24    described by Subdivision (1) or (2) of this subsection.
19-25          (e) [(d)]  For purposes of Subsections (b) and (d) [(c)] of
19-26    this section, an applicant is considered to have been convicted in
 20-1    a case if:
 20-2                (1)  a sentence is imposed; or
 20-3                (2)  the applicant receives community supervision or
 20-4    analogous treatment under the law of another state.
 20-5          (f) [(e)]  The commissioner by rule may establish additional
 20-6    requirements for receipt of a discount under this article.
 20-7          (g) [(f)]  The commissioner by rule shall set the amount of
 20-8    the discount applicable under this article and may adopt other
 20-9    rules necessary for the implementation of this article, including
20-10    rules identifying youth groups whose members are eligible for a
20-11    discount under this article.
20-12          SECTION 10.  Article 5.04(c), Insurance Code, is amended to
20-13    read as follows:
20-14          (c)  Notwithstanding Subsections (a) and (b) of this article,
20-15    [on and after March 1, 1992,] rates for motor vehicle insurance,
20-16    other than  passenger vehicle liability insurance, [vehicles] are
20-17    determined as provided by Subchapter M of this chapter.
20-18          SECTION 11.  Articles 5.06(9) and (10), Insurance Code, are
20-19    amended to read as follows:
20-20          (9)  An insurance policy or other document evidencing proof
20-21    of purchase of a passenger vehicle liability [personal automobile]
20-22    insurance policy written for a term of less than 30 days may not be
20-23    used to obtain an original or renewal driver's license[, an
20-24    automobile registration or license plates, or a motor vehicle
20-25    inspection certificate] and must contain a statement as follows:
20-26          "TEXAS LAW PROHIBITS USE OF THIS DOCUMENT TO OBTAIN [A MOTOR
 21-1    VEHICLE INSPECTION CERTIFICATE,] AN ORIGINAL OR RENEWAL DRIVER'S
 21-2    LICENSE[, OR AN AUTOMOBILE REGISTRATION OR LICENSE PLATES]."
 21-3          (10)  Before accepting any premium or fee for a passenger
 21-4    vehicle liability [personal automobile] insurance policy or binder
 21-5    for a term of less than 30 days, an agent or insurer must make the
 21-6    following written disclosure to the applicant or insured:
 21-7          "TEXAS LAW PROHIBITS USE OF THIS POLICY OR BINDER TO OBTAIN
 21-8    [A MOTOR VEHICLE INSPECTION CERTIFICATE,] AN ORIGINAL OR RENEWAL
 21-9    DRIVER'S LICENSE[, OR AN AUTOMOBILE REGISTRATION OR LICENSE
21-10    PLATES]."
21-11          SECTION 12.  Articles 5.06-1(1), (2), and (3), Insurance
21-12    Code, are amended to read as follows:
21-13          (1)  No automobile liability insurance [(including insurance
21-14    issued pursuant to an Assigned Risk Plan established under
21-15    authority of Section 35 of the Texas Motor Vehicle
21-16    Safety-Responsibility Act),] covering liability arising out of the
21-17    insured's ownership, maintenance, or use of any motor vehicle shall
21-18    be delivered or issued for delivery in this state unless coverage
21-19    is provided therein or supplemental thereto, in at least the limits
21-20    described in Chapter 28 of this code or Chapter 601, Transportation
21-21    Code, as applicable [the Texas Motor Vehicle Safety-Responsibility
21-22    Act], under provisions prescribed by the Board, for the protection
21-23    of persons insured thereunder who are legally entitled to recover
21-24    damages from uninsured or underinsured owners or operators of
21-25    [uninsured or underinsured] motor vehicles because of bodily
21-26    injury, sickness, or disease, including death, or property damage
 22-1    resulting therefrom.  The coverages required under this Article
 22-2    shall not be applicable where any insured named in the policy shall
 22-3    reject the coverage in writing; provided that unless the named
 22-4    insured thereafter requests such coverage in writing, such coverage
 22-5    need not be provided in or supplemental to a renewal policy where
 22-6    the named insured has rejected the coverage in connection with a
 22-7    policy previously issued to the insured [him] by the same insurer
 22-8    or by an affiliated insurer.
 22-9          (2)  For the purpose of these coverages:  (a)  the term
22-10    "uninsured motorist [motor vehicle]" shall, subject to the terms
22-11    and conditions of such coverage, be deemed to include an individual
22-12    who is insured under a policy issued by a [motor vehicle where the]
22-13    liability insurer that [thereof] is unable to make payment with
22-14    respect to the legal liability of its insured within the limits
22-15    specified therein because of insolvency.
22-16                (b)  The term "underinsured motorist [motor vehicle]"
22-17    means an insured operator with respect to [motor vehicle on] which
22-18    there is valid and collectible liability insurance coverage with
22-19    limits of liability for the owner or operator which were originally
22-20    lower than, or have been reduced by payment of claims arising from
22-21    the same accident to, an amount less than the limit of liability
22-22    stated in the underinsured coverage of the insured's policy.
22-23                (c)  The Board may, in the policy forms adopted under
22-24    Article 5.06 of this code, define "uninsured motorist [motor
22-25    vehicle]" to exclude certain [motor vehicles whose] operators who
22-26    are in fact uninsured.
 23-1                (d)  The portion of a policy form adopted under Article
 23-2    5.06 of this code to provide coverage under this article shall
 23-3    include provisions that, regardless of the number of persons
 23-4    insured, policies or bonds applicable, vehicles involved, or claims
 23-5    made, the total aggregate limit of liability to any one person who
 23-6    sustains bodily injury or property damage as the result of any one
 23-7    occurrence shall not exceed the limit of liability for these
 23-8    coverages as stated in the policy and the total aggregate limit of
 23-9    liability to all claimants, if more than one, shall not exceed the
23-10    total limit of liability per occurrence as stated in the policy;
23-11    and shall provide for the exclusion of the recovery of damages for
23-12    bodily injury or property damage or both resulting from the
23-13    intentional acts of the insured.  The portion of a policy form
23-14    adopted under Article 5.06 of this code to provide coverage under
23-15    this article shall require that in order for the insured to recover
23-16    under the uninsured motorist coverages where the owner or operator
23-17    of any motor vehicle which causes bodily injury or property damage
23-18    to the insured is unknown, actual physical contact must have
23-19    occurred between the motor vehicle owned or operated by such
23-20    unknown person and the person or property of the insured.
23-21          (3)  The limits of liability for bodily injury, sickness, or
23-22    disease, including death, shall be offered to the insured in
23-23    amounts not less than those prescribed in Chapter 28 of this code
23-24    or Chapter 601, Transportation Code, as applicable, [the Texas
23-25    Motor Vehicle Safety-Responsibility Act] and such higher available
23-26    limits as may be desired by the insured, but not greater than the
 24-1    limits of liability specified in the bodily injury liability
 24-2    provisions of the insured's policy.
 24-3          SECTION 13.  Article 5.06-1(4)(a), Insurance Code, is amended
 24-4    to read as follows:
 24-5                (a)  Coverage for property damage shall be offered to
 24-6    the insured in amounts not less than those prescribed in Chapter 28
 24-7    of this code or Chapter 601, Transportation Code, as applicable,
 24-8    [the Texas Motor Vehicle Safety-Responsibility Act] and such higher
 24-9    available limits as may be desired by the insured, but not greater
24-10    than limits of liability specified in the property damage liability
24-11    provisions of the insured's policy, subject to a deductible amount
24-12    of $250.
24-13          SECTION 14.  Articles 5.06-1(7) and (8), Insurance Code, are
24-14    amended to read as follows:
24-15          (7)  If a dispute exists as to whether a motorist [motor
24-16    vehicle] is uninsured, the burden of proof as to that issue shall
24-17    be upon the insurer.
24-18          (8)  Notwithstanding Section 15.032, Civil Practice and
24-19    Remedies Code, an action against an insurer in relation to the
24-20    coverage provided under this article, including an action to
24-21    enforce that coverage, may be brought only:
24-22                (a)  in the county in which the policyholder or
24-23    beneficiary instituting the suit resided at the time of the
24-24    accident;  or
24-25                (b)  in the county in which the accident involving the
24-26    uninsured or underinsured motorist [motor vehicle] occurred.
 25-1          SECTION 15.  Articles 5.06-3(a), (b), and (c), Insurance
 25-2    Code, are amended to read as follows:
 25-3          (a)  No automobile liability insurance policy[, including
 25-4    insurance issued pursuant to an assigned risk plan established
 25-5    under  authority of Section 35 of the Texas Motor Vehicle
 25-6    Safety-Responsibility Act,] covering liability arising out of the
 25-7    ownership, maintenance, or use of any motor vehicle shall be
 25-8    delivered or issued for delivery in this state unless personal
 25-9    injury protection coverage is provided therein or supplemental
25-10    thereto.  The coverage required by this article shall not be
25-11    applicable if any insured named in the policy shall reject the
25-12    coverage in writing; provided, unless the named insured thereafter
25-13    requests such coverage in writing, such coverage need not be
25-14    provided in or supplemental to a renewal policy if the named
25-15    insured has rejected the coverage in connection with a policy
25-16    previously issued to the named insured [him] by the same insurer or
25-17    by an affiliated insurer.
25-18          (b)  "Personal injury protection" consists of provisions of a
25-19    motor vehicle liability policy which provide for payment to the
25-20    named insured in the motor vehicle liability policy and [members of
25-21    the insured's household,] any authorized [operator or] passenger of
25-22    a [the named insured's] motor vehicle operated by the named insured
25-23    including a guest occupant, up to an amount of $2,500 for each such
25-24    person for payment of all reasonable expenses arising from the
25-25    accident and incurred within three years from the date thereof for
25-26    necessary medical, surgical, X-ray and dental services, including
 26-1    prosthetic devices, and necessary ambulance, hospital, professional
 26-2    nursing and funeral services, and in the case of an income
 26-3    producer, payment of benefits for loss of income as the result of
 26-4    the accident;  and where the person injured in the accident was not
 26-5    an income or wage producer at the time of the accident, payments of
 26-6    benefits must be made in reimbursement of necessary and reasonable
 26-7    expenses incurred for essential services ordinarily performed by
 26-8    the injured person for care and maintenance of the family or family
 26-9    household.  The insurer providing loss of income benefits may
26-10    require, as a condition of receiving such benefits, that the
26-11    insured person furnish the insurer reasonable medical proof of the
26-12    [his] injury causing loss of income.  The personal injury
26-13    protection in this paragraph specified shall not exceed $2,500 for
26-14    all benefits, in the aggregate, for each person.
26-15          (c)  The benefits required by this Act shall be payable
26-16    without regard to the fault or non-fault of the named insured or
26-17    the recipient in causing or contributing to the accident.
26-18    Medical[, and without regard to any collateral source of medical],
26-19    hospital, [or] wage continuation benefits, or similar benefits
26-20    available to the injured person provide primary coverage for the
26-21    injury.  Except as provided by this subsection, an [An] insurer
26-22    paying benefits pursuant to this Act shall have no right of
26-23    subrogation and no claim against any other person or insurer to
26-24    recover any such benefits by reason of the alleged fault of such
26-25    other person in causing or contributing to the accident.
26-26          SECTION 16.  Article 5.09(c), Insurance Code, is amended to
 27-1    read as follows:
 27-2          (c)  Notwithstanding Subsection (a) of this article, [on and
 27-3    after March 1, 1992,] rates for motor vehicle insurance, other than
 27-4    passenger vehicle liability insurance, [vehicles] are determined as
 27-5    provided by Subchapter M of this chapter.
 27-6          SECTION 17.  Article 5.11(c), Insurance Code, is amended to
 27-7    read as follows:
 27-8          (c)  Notwithstanding Subsections (a) and (b) of this article,
 27-9    [on and after March 1, 1992,] rates for motor vehicle insurance,
27-10    other than passenger vehicle insurance [vehicles] are determined as
27-11    provided by Subchapter M of this chapter.
27-12          SECTION 18.  Article 5.96(a-1), Insurance Code, is amended to
27-13    read as follows:
27-14          (a-1)  Except as provided by Section 5(d), Article 5.101, of
27-15    this code, this article does not apply to the setting of rates for
27-16    passenger vehicles or benchmark rates for other motor vehicle
27-17    insurance or for [and] fire or [and] allied lines insurance under
27-18    Subchapter M of this chapter.
27-19          SECTION 19.  Section 1, Article 5.101, Insurance Code, is
27-20    amended to read as follows:
27-21          Sec. 1.  PURPOSE.  The program on flexible rating is designed
27-22    to help stabilize the rates charged for insurance in lines of
27-23    property and casualty insurance covered by Subchapters A and C of
27-24    this chapter.  This article does not apply to:
27-25                (1)  ocean marine insurance;
27-26                (2)  inland marine insurance;
 28-1                (3)  fidelity, surety and guaranty bond insurance;
 28-2                (4)  errors and omissions insurance;
 28-3                (5)  directors' and officers' liability insurance;
 28-4                (6)  general liability insurance;
 28-5                (7)  commercial property insurance;
 28-6                (8)  workers' compensation insurance;
 28-7                (9)  professional liability insurance for physicians
 28-8    and health care providers as defined in Article 5.15-1 of this
 28-9    code;  [or]
28-10                (10)  attorney's professional liability insurance; or
28-11                (11)  passenger vehicle liability insurance.
28-12          SECTION 20.  The following laws are repealed:
28-13                (1)  Section 502.153, Transportation Code;
28-14                (2)  Section 548.105, Transportation Code; and
28-15                (3)  Article 21.81, Insurance Code.
28-16          SECTION 21.  (a)  Except as provided by Subsection (b) of
28-17    this section, this Act takes effect September 1, 1999.
28-18          (b)  Section 20 of this Act takes effect January 1, 2000.
28-19          (c)  This Act applies only to the operation of a passenger
28-20    vehicle on or after January 1, 2000.  Operation of a passenger
28-21    vehicle before January 1, 2000, is governed by the law in effect
28-22    immediately before the effective date of this Act, and that law is
28-23    continued in effect for that purpose.
28-24          (d)  This Act applies only to an insurance policy that is
28-25    delivered, issued for delivery, or renewed on or after January 1,
28-26    2000.  A policy that is delivered, issued for delivery, or renewed
 29-1    before January 1, 2000, is governed by the law as it existed
 29-2    immediately before the effective date of this Act, and that law is
 29-3    continued in effect for that purpose.
 29-4          SECTION 22.  The importance of this legislation and the
 29-5    crowded condition of the calendars in both houses create an
 29-6    emergency and an imperative public necessity that the
 29-7    constitutional rule requiring bills to be read on three several
 29-8    days in each house be suspended, and this rule is hereby suspended.