77R12222 AJA-D By Uresti H.B. No. 3346 Substitute the following for H.B. No. 3346: By Olivo C.S.H.B. No. 3346 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the ability of a motor vehicle insurer to obtain a 1-3 release from liability or obtain certain statements with respect to 1-4 a motor vehicle accident; providing a penalty. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter A, Chapter 5, Insurance Code, is 1-7 amended by adding Article 5.06-8 to read as follows: 1-8 Art. 5.06-8. RELEASE FROM LIABILITY; PROHIBITION; PENALTY 1-9 Sec. 1. DEFINITIONS. In this article: 1-10 (1) "Motor vehicle insurer" means an insurance company 1-11 or other entity that is authorized to write motor vehicle insurance 1-12 in this state, including: 1-13 (A) a county mutual insurance company; 1-14 (B) a Lloyd's plan; and 1-15 (C) a reciprocal or interinsurance exchange. 1-16 (2) "Release agreement" means: 1-17 (A) an agreement between an insured or an 1-18 insurer and an actual or potential third-party claimant that: 1-19 (i) releases the insured or the insurer 1-20 from liability for personal injury arising from a motor vehicle 1-21 accident; or 1-22 (ii) establishes the amount of liability 1-23 of the insurer or insured to the actual or potential third-party 1-24 claimant for personal injury arising from a motor vehicle accident; 2-1 or 2-2 (B) an agreement between an insured and an 2-3 insurer that: 2-4 (i) releases the insurer from liability 2-5 for personal injury arising from a motor vehicle accident; or 2-6 (ii) establishes the amount of liability 2-7 of the insurer to the insured for personal injury arising from a 2-8 motor vehicle accident. 2-9 (3) "Representative" means an agent, broker, adjuster, 2-10 or other representative of a motor vehicle insurer. 2-11 Sec. 2. PROHIBITION. (a) A representative of a motor 2-12 vehicle insurer may not: 2-13 (1) obtain or attempt to obtain a release agreement 2-14 from a person on or before the 10th day after the date of the motor 2-15 vehicle accident that is the subject of the release agreement; or 2-16 (2) except as provided by the Texas Rules of Civil 2-17 Procedure, obtain or attempt to obtain from an actual or potential 2-18 third-party claimant, for the purpose of negotiating a release 2-19 agreement, a written or oral statement regarding a motor vehicle 2-20 accident on or before the seventh day after the date of the 2-21 accident. 2-22 (b) A release agreement obtained in violation of Subsection 2-23 (a)(1) of this section is voidable by the person from whom the 2-24 release agreement was obtained. 2-25 (c) A statement obtained in violation of Subsection (a)(2) 2-26 of this section is not admissible against the person who made the 2-27 statement in an action relating to damages arising out of the motor 3-1 vehicle accident that is the subject of the statement. 3-2 Sec. 3. PENALTY. An insurer or a representative of an 3-3 insurer who violates this article is subject to an administrative 3-4 penalty under Chapter 84 of this code. 3-5 SECTION 2. (a) This Act takes effect September 1, 2001. 3-6 (b) Article 5.06-8, Insurance Code, as added by this Act, 3-7 applies only to a release agreement or statement obtained in 3-8 connection with a motor vehicle accident that occurs on or after 3-9 the effective date of this Act. A release agreement or statement 3-10 obtained in connection with a motor vehicle accident that occurs 3-11 before the effective date of this Act is governed by the law in 3-12 effect immediately before the effective date of this Act, and that 3-13 law is continued in effect for that purpose.