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78R5649 AKH-D
By: Averitt S.B. No. 813
A BILL TO BE ENTITLED
AN ACT
relating to the recovery of certain payments for benefits under a
personal automobile insurance policy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 5.06-3, Insurance Code, is amended by
amending Subsection (c) and adding Subsection (i) to read as
follows:
(c) The benefits required by this Act shall be payable
without regard to the fault or non-fault of the named insured or the
recipient in causing or contributing to the accident, and without
regard to any collateral source of medical, hospital, or wage
continuation benefits. Except as provided by Subsection (i) of
this article, an [An] insurer paying benefits pursuant to this Act
shall have no right of subrogation and no claim against any other
person or insurer to recover any such benefits by reason of the
alleged fault of such other person in causing or contributing to the
accident.
(i) An insurer paying benefits pursuant to this Act shall
have a right of subrogation and a claim against a person causing or
contributing to the accident if, on the date of loss, financial
responsibility as required by Chapter 601, Transportation Code, has
not been established for a motor vehicle involved in the accident
and operated by that person or the motor vehicle operated by that
person was insured by an insurer not authorized to engage in
business in this state.
SECTION 2. The change in law made by this Act to Article
5.06-3, Insurance Code, applies only to an insurance policy
delivered, issued for delivery, or renewed on or after January 1,
2004. A policy delivered, issued for delivery, or renewed before
January 1, 2004, is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2003.