By Carona S.B. No. 1342
77R6074 AJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a discount on the premium surcharge for a motor vehicle
1-3 equipped with a breath alcohol detection device.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 5.03-1, Insurance Code, is amended to read
1-6 as follows:
1-7 Art. 5.03-1. PREMIUM SURCHARGE
1-8 Sec. 1. SURCHARGE AUTHORIZED. A premium surcharge in an
1-9 amount to be prescribed by the commissioner [State Board of
1-10 Insurance] shall be assessed by an insurer described by [defined
1-11 in] Article 5.01 of this code[, Texas Insurance Code,] against an
1-12 insured for no more than three years immediately following the date
1-13 of conviction of the insured of an offense committed while
1-14 operating a motor vehicle under Section 49.04 or 49.07, Penal Code,
1-15 or an offense under Section 49.08, Penal Code. The premium
1-16 surcharge shall be applied only to private passenger automobile
1-17 policies as defined by the commissioner [State Board of Insurance].
1-18 Sec. 2. SUBSEQUENT CONVICTION. If an insured assessed a
1-19 premium surcharge as a result of a conviction of an offense
1-20 described by [as set out in] Section 1 of this article is
1-21 subsequently convicted of [a violation of] one of those offenses
1-22 [statutes] during the period the insured [he] is assessed the
1-23 premium surcharge, the period for which the premium surcharge shall
1-24 be imposed is increased by three additional consecutive years for
2-1 each conviction.
2-2 Sec. 3. DISCOUNT REQUIRED. (a) In this section, "motor
2-3 vehicle ignition interlock device" means a device that uses a
2-4 deep-lung breath analysis mechanism to make impractical the
2-5 operation of a motor vehicle if ethyl alcohol is detected in the
2-6 breath of the operator of the vehicle.
2-7 (b) The commissioner by rule shall reduce by 50 percent the
2-8 premium surcharge for an insured whose insured motor vehicle is
2-9 equipped with a motor vehicle ignition interlock device as required
2-10 by a court order following the insured's conviction of an offense
2-11 described by Section 1 of this article. The insured is entitled to
2-12 a discount under this section only for the period that the vehicle
2-13 is equipped with the device.
2-14 SECTION 2. This Act takes effect September 1, 2001.