By Burnam H.B. No. 1674 77R4444 MXM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to access to motor vehicle insurance coverage for good 1-3 drivers; providing penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. The heading to Article 21.49-2B, Insurance Code, 1-6 is amended to read as follows: 1-7 Art. 21.49-2B. AVAILABILITY, CANCELLATION, AND NONRENEWAL OF 1-8 CERTAIN PROPERTY AND CASUALTY POLICIES 1-9 SECTION 2. Article 21.49-2B, Insurance Code, is amended by 1-10 adding Section 4A to read as follows: 1-11 Sec. 4A. COVERAGE FOR GOOD DRIVERS. (a) In this section: 1-12 (1) "Good driver" means an individual who: 1-13 (A) has been licensed for at least three years 1-14 to drive the type of motor vehicle to be insured; 1-15 (B) during the previous three years, has not: 1-16 (i) been substantially at fault in a motor 1-17 vehicle accident that resulted in bodily injury, death, or property 1-18 damage; 1-19 (ii) been convicted of a violation of a 1-20 traffic safety regulation that involved a moving vehicle; 1-21 (iii) had more than one dismissal of a 1-22 charge under Subchapter B, Chapter 543, Transportation Code; and 1-23 (iv) been convicted of an offense under 1-24 Section 49.04, Penal Code, or Section 106.041, Alcoholic Beverage 2-1 Code; and 2-2 (C) has never made a fraudulent insurance claim. 2-3 (2) "Traffic safety regulation" means a law or 2-4 ordinance of this state or a political subdivision of this state 2-5 relating to the operation of a motor vehicle other than a 2-6 regulation relating to the conduct of a pedestrian or the parking 2-7 of a motor vehicle. 2-8 (b) Except as otherwise provided by this article, a motor 2-9 vehicle insurer may not cancel, nonrenew, or refuse to offer a 2-10 policy of motor vehicle insurance to a good driver. 2-11 (c) At least 30 days before the date a motor vehicle insurer 2-12 who does not offer a policy regulated by Article 5.101 of this code 2-13 is required to renew a policy under which a good driver is an 2-14 insured, or on application for a policy by an individual who 2-15 qualifies as a good driver, the motor vehicle insurer shall provide 2-16 to the named insured or applicant a notice, in the form prescribed 2-17 by the commissioner, that includes: 2-18 (1) an explanation of the different types of motor 2-19 vehicle insurance companies in this state and the manner in which 2-20 the rates for the policies of those insurance companies are subject 2-21 to regulation under this code; 2-22 (2) a list of the affiliates of that insurer who offer 2-23 a policy regulated under Article 5.101 of this code; and 2-24 (3) other information the commissioner by rule 2-25 requires. 2-26 (d) A violation of this section is an unfair and deceptive 2-27 practice in the business of insurance under Article 21.21 of this 3-1 code. Compliance with this section does not create an exemption 3-2 from Article 21.21-6 of this code, as added by Chapter 415, Acts of 3-3 the 74th Legislature, Regular Session, 1995, or other requirements. 3-4 SECTION 3. Article 21.49-2B, Insurance Code, as amended by 3-5 this Act, applies only to an insurance policy delivered, issued for 3-6 delivery, or renewed on or after January 1, 2002. A policy 3-7 delivered, issued for delivery, or renewed before January 1, 2002, 3-8 is governed by the law as it existed immediately before the 3-9 effective date of this Act, and that law is continued in effect for 3-10 that purpose. 3-11 SECTION 4. This Act takes effect September 1, 2001.