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.