1-1 By: Lewis of Tarrant (Senate Sponsor - Carona) H.B. No. 2932
1-2 (In the Senate - Received from the House May 7, 2001;
1-3 May 7, 2001, read first time and referred to Committee on Business
1-4 and Commerce; May 11, 2001, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to a discount on the premium surcharge for a motor vehicle
1-9 equipped with a breath alcohol detection device.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 5.03-1, Insurance Code, is amended to read
1-12 as follows:
1-13 Art. 5.03-1. PREMIUM SURCHARGE
1-14 Sec. 1. SURCHARGE AUTHORIZED. A premium surcharge in an
1-15 amount to be prescribed by the commissioner [State Board of
1-16 Insurance] shall be assessed by an insurer described by [defined
1-17 in] Article 5.01 of this code[, Texas Insurance Code,] against an
1-18 insured for no more than three years immediately following the date
1-19 of conviction of the insured of an offense committed while
1-20 operating a motor vehicle under Section 49.04 or 49.07, Penal Code,
1-21 or an offense under Section 49.08, Penal Code. The premium
1-22 surcharge shall be applied only to private passenger automobile
1-23 policies as defined by the commissioner [State Board of Insurance].
1-24 Sec. 2. SUBSEQUENT CONVICTION. If an insured assessed a
1-25 premium surcharge as a result of a conviction of an offense
1-26 described by [as set out in] Section 1 of this article is
1-27 subsequently convicted of [a violation of] one of those offenses
1-28 [statutes] during the period the insured [he] is assessed the
1-29 premium surcharge, the period for which the premium surcharge shall
1-30 be imposed is increased by three additional consecutive years for
1-31 each conviction.
1-32 Sec. 3. SURCHARGE REDUCTION AUTHORIZED. (a) In this
1-33 section, "motor vehicle ignition interlock device" means a device
1-34 that uses a deep-lung breath analysis mechanism to make impractical
1-35 the operation of a motor vehicle if ethyl alcohol is detected in
1-36 the breath of the operator of the vehicle.
1-37 (b) An insurer may reduce the premium surcharge prescribed
1-38 under this article by up to 50 percent for an insured whose insured
1-39 motor vehicle is equipped with a motor vehicle ignition interlock
1-40 device as required by a court order following the insured's
1-41 conviction of an offense described by Section 1 of this article.
1-42 The insured is entitled to a discount under this section only for
1-43 the period that the vehicle is equipped with the device.
1-44 (c) An insurer may endorse a policy to restrict coverage
1-45 under the policy to the motor vehicle that is equipped with a motor
1-46 vehicle ignition interlock device.
1-47 SECTION 2. This Act takes effect September 1, 2001.
1-48 * * * * *