By Grusendorf                                          H.B. No. 999
         77R1225 PB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the establishment of an assigned risk insurance plan
 1-3     for certain transporters of motor vehicles.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. The heading to Subchapter F, Chapter 21, Insurance
 1-6     Code, is amended to read as follows:
 1-7         SUBCHAPTER F.  CERTAIN INSURANCE PROGRAMS RELATING TO MOTOR
 1-8                         VEHICLES [JUDICIAL REVIEW]
 1-9           SECTION 2. Subchapter F, Chapter 21, Insurance Code, is
1-10     amended by adding Article 21.82 to read as follows:
1-11           Art. 21.82.  TEXAS ASSIGNED RISK PLAN FOR DRIVE-A-WAY
1-12     OPERATORS
1-13           Sec. 1.  DEFINITIONS. In this article:
1-14                 (1)  "Assigned risk plan" means the Texas Assigned Risk
1-15     Plan for Drive-a-way Operators established under this article.
1-16                 (2)  "Authorized insurer" means any insurer, other than
1-17     a county mutual insurance company, that is authorized by the
1-18     department to write motor vehicle liability insurance coverage
1-19     under Chapter 5 of this code.
1-20                 (3)  "Dealer" has the meaning assigned by Section
1-21     503.001, Transportation Code.
1-22                 (4)  "Drive-a-way operator" has the meaning assigned by
1-23     Section 503.001, Transportation Code.  The term includes a person
1-24     who transports a motor vehicle from one dealer to another.
 2-1                 (5)  "Insurance" means an insurance policy that meets
 2-2     the requirements of Chapter 601, Transportation Code.
 2-3                 (6)  "Plan of operation" means the plan for operating
 2-4     the assigned risk plan to provide a means by which insurance may be
 2-5     assigned to an eligible drive-a-way operator.
 2-6           Sec. 2.  CREATION OF ASSIGNED RISK PLAN. (a)  The Texas
 2-7     Assigned Risk Plan for Drive-a-way Operators is established.  The
 2-8     assigned risk plan is a nonprofit corporate body composed of all
 2-9     authorized insurers.  Each authorized insurer shall be a member of
2-10     the assigned risk plan and shall remain a member of the assigned
2-11     risk plan as long as that plan is in existence as a condition of
2-12     the insurer's authority to write motor vehicle liability insurance
2-13     in this state.
2-14           (b)  The assigned risk plan shall be administered by a
2-15     governing committee composed of 15 members selected as follows:
2-16                 (1)  eight members who represent the interests of
2-17     insurers, selected by the members of the assigned risk plan
2-18     according to a method determined by those members;
2-19                 (2)  five members who represent the interests of
2-20     dealers,  selected according to a method determined by dealers; and
2-21                 (3)  two members who are licensed drive-a-way
2-22     operators, selected by the commissioner.
2-23           (c)  To be eligible to serve on the governing committee as a
2-24     representative of insurers, a person must be a full-time employee
2-25     of an authorized insurer.
2-26           Sec. 3.  AUTHORITY OF RISK PLAN; PLAN OF OPERATION. (a)  The
2-27     assigned risk plan has the powers granted to a nonprofit
 3-1     corporation under the Texas Non-Profit Corporation Act (Article
 3-2     1396-1.01 et seq., Vernon's Texas Civil Statutes).
 3-3           (b)  The governing committee is responsible for the
 3-4     administration of the assigned risk plan through the plan of
 3-5     operation.
 3-6           (c)  The plan of operation of the assigned risk plan must
 3-7     provide for the efficient, economical, fair, and nondiscriminatory
 3-8     administration of the assigned risk plan.
 3-9           (d)  Subject to the approval of the commissioner, the
3-10     governing committee may make and amend the plan of operation.
3-11           (e)  If the commissioner at any time believes that the plan
3-12     of operation does not comply with Chapter 601, Transportation Code,
3-13     the commissioner shall notify the governing committee in writing to
3-14     request corrective action by the governing committee.
3-15           (f)  The plan of operation must contain incentive programs to
3-16     encourage members of the assigned risk plan to write motor vehicle
3-17     liability insurance for drive-a-way operators on a voluntary basis
3-18     and to minimize the use of the assigned risk plan as a means to
3-19     obtain that insurance.  An incentive program is effective on
3-20     approval of the commissioner.
3-21           Sec. 4.  ASSESSMENTS. (a)  The assigned risk plan may collect
3-22     funds from the member insurers to provide for the operation of the
3-23     assigned risk plan.  Assessments must be made on each member in the
3-24     proportion that the number of motor vehicle liability insurance
3-25     policies written by that insurer in this state bears to the total
3-26     number of motor vehicle liability insurance policies written by all
3-27     authorized insurers in this state.
 4-1           (b)  If an assessment made on a member insurer is not paid on
 4-2     or before the 30th day after the date of the assessment, the
 4-3     governing committee may bring an action to collect the outstanding
 4-4     assessment and shall report the failure to pay to the commissioner,
 4-5     who may institute a disciplinary action under Chapter 82 of this
 4-6     code.
 4-7           Sec. 5.  DUTIES AND FUNCTIONS OF ASSIGNED RISK PLAN. (a)  The
 4-8     assigned risk plan shall provide a means by which insurance may be
 4-9     assigned to an authorized insurer for a drive-a-way operator, as
4-10     required by the Texas Department of Transportation or any other
4-11     governmental entity, to show proof of motor vehicle liability
4-12     insurance coverage to engage in business as a drive-a-way operator.
4-13           (b)  An applicant is not eligible for insurance through the
4-14     assigned risk plan unless the applicant and the servicing insurance
4-15     agent certify as part of the application to the assigned risk plan
4-16     that the applicant has been rejected for motor vehicle liability
4-17     insurance by at least two insurers licensed to do business in this
4-18     state and actually writing motor vehicle insurance in this state.
4-19           Sec. 6.  INSURANCE RATES. (a)  At least annually, the
4-20     commissioner shall conduct a hearing to determine appropriate rates
4-21     to be charged for insurance provided through the assigned risk
4-22     plan.  The assigned risk plan may appear as a matter of right,
4-23     shall be admitted as a party to present testimony at the hearing,
4-24     and may file information for consideration by the commissioner.
4-25           (b)  The commissioner shall determine and prescribe rates
4-26     that are just, reasonable, adequate, not excessive, not
4-27     confiscatory, and not unfairly discriminatory for the risks to
 5-1     which they apply. Rates shall be set in an amount sufficient to
 5-2     carry all claims to maturity and to meet the expenses incurred in
 5-3     the writing and servicing of the business.  In making a
 5-4     determination, the commissioner shall consider the reports of
 5-5     aggregated premiums earned and losses and expenses incurred in the
 5-6     writing of motor vehicle liability insurance through the assigned
 5-7     risk plan collected under the statistical plans adopted under
 5-8     Subsection (c).
 5-9           (c)  The commissioner shall adopt rules and statistical plans
5-10     to be used by each insurer in the recording and reporting of:
5-11                 (1)  the insurer's premium, loss, and expense
5-12     experience, reported separately for business assigned to the
5-13     insurer; and
5-14                 (2)  other information required by the commissioner.
5-15           Sec. 7.  IMMUNITY FROM LIABILITY. The assigned risk plan, a
5-16     member of the governing committee, and any employee of the assigned
5-17     risk plan are not personally liable for any act performed in good
5-18     faith within the scope of the person's authority as determined
5-19     under this article or the plan of operation or for damages
5-20     occasioned by the person's official act or omission, other  than an
5-21     act or omission that is corrupt or malicious.
5-22           SECTION 3. The Texas Assigned Risk Plan for Drive-a-way
5-23     Operators is not required to issue a policy under Article 21.82,
5-24     Insurance Code, as added by this Act, until January 1, 2002.
5-25           SECTION 4. This Act takes effect September 1, 2001.