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Amend CSHB 4 (Senate committee printing) on third reading as 

follows:      

	(1)  In SECTION 3 of the bill, in added Subsection (a), 

Section 152.0412, Tax Code (page 1, lines 28-31), strike "fair 

local market value of a motor vehicle in a private party 

transaction, as determined by the Texas Department of 

Transportation based on a nationally recognized motor vehicle 

industry reporting service." and substitute "private-party 

transaction value of a motor vehicle, as determined by the Texas 

Department of Transportation based on an appropriate regional 

guidebook of a nationally recognized motor vehicle value guide 

service, or based on another motor vehicle guide publication that 

the department determines is appropriate if a private-party 

transaction value for the motor vehicle is not available from a 

regional guidebook described by this subsection.".

	(2)  In SECTION 3 of the bill, in added Subsection (d-1), 

Section 152.0412, Tax Code (page 1, line 60), strike "20th day after 

the date of purchase." and substitute "20th working day after the 

date the motor vehicle is delivered to the purchaser or is brought 

into this state, as applicable."

	(3)  In SECTION 3 of the bill, in added Subsection (f), 

Section 152.0412, Tax Code (page 2, lines 11-12), strike "The 

department may charge a person a reasonable fee for access to the 

publication."

	(4)  Between SECTION 3 and SECTION 4 of the bill (page 2, 

between lines 24 and 25), insert the following new appropriately 

numbered SECTION of the bill and renumber subsequent existing 

SECTIONS of the bill accordingly:

	SECTION ____.  (a)  Subchapter A, Chapter 5, Insurance Code, 

is amended by adding Article 5.07-2 to read as follows:

	Art. 5.07-2.  VALUATION OF TOTALED MOTOR VEHICLE.  (a)  For 

purposes of this article, "standard presumptive value" has the 

meaning assigned by Section 152.0412(a), Tax Code.

	(b)  If an insurer determines that a motor vehicle covered 

under an automobile insurance policy issued by the insurer is a 

total loss, the insurer shall assign the motor vehicle a value that 

is equal to or greater than:

		(1)  the standard presumptive value of that vehicle or 

a value that is equal to the value assigned to the vehicle by an 

electronic database that complies with the standards promulgated by 

the National Association of Insurance Commissioners in the Unfair 

Property/Casualty Claims Settlement Practices Model Regulation; or

		(2)  the value of the vehicle as evidenced by 

documentation described by Section 152.0412(d)(1) or (2), Tax Code.

	(c)  In settling a liability claim by a third party against 

an insured for property damage claimed by the third party, if the 

insurer determines that the third party's motor vehicle is a total 

loss, the insurer shall assign the third party's motor vehicle a 

value that is equal to or greater than:

		(1)  the standard presumptive value of that vehicle or 

a value that is equal to the value assigned to the vehicle by an 

electronic database that complies with the standards promulgated by 

the National Association of Insurance Commissioners in the Unfair 

Property/Casualty Claims Settlement Practices Model Regulation; or

		(2)  the value of the vehicle as evidenced by 

documentation described by Section 152.0412(d)(1) or (2), Tax Code.

	(d)  Documentation provided under Subsection (b)(2) or 

(c)(2) of this article is not subject to the requirements of Section 

152.0412(d-1), Tax Code.



	(e)  This article does not affect any right granted by 

statute, common law, or contract to seek a determination of 

proportionate responsibility.  To the extent of any conflict 

between this article and a right granted by statute, common law, or 

contract to seek a determination of proportionate responsibility, 

the right to seek a determination of proportionate responsibility 

prevails over this article.

	(f)  This article expires April 1, 2007.                                

	(b)  Chapter 1952, Insurance Code, as effective April 1, 

2007, is amended by adding Subchapter H to read as follows:

SUBCHAPTER H. VALUATION OF TOTALED MOTOR VEHICLE
Sec. 1952.351. DEFINITION. In this subchapter, "standard presumptive value" has the meaning assigned by Section 152.0412(a), Tax Code. Sec. 1952.352. VALUATION OF TOTALED MOTOR VEHICLE. (a) If an insurer determines that a motor vehicle covered under an automobile insurance policy issued by the insurer is a total loss, the insurer shall assign the motor vehicle a value that is equal to or greater than: (1) the standard presumptive value of that vehicle or a value that is equal to the value assigned to the vehicle by an electronic database that complies with the standards promulgated by the National Association of Insurance Commissioners in the Unfair Property/Casualty Claims Settlement Practices Model Regulation; or (2) the value of the vehicle as evidenced by documentation described by Section 152.0412(d)(1) or (2), Tax Code. (b) In settling a liability claim by a third party against an insured for property damage claimed by the third party, if the insurer determines that the third party's motor vehicle is a total loss, the insurer shall assign the third party's motor vehicle a value that is equal to or greater than: (1) the standard presumptive value of that vehicle or a value that is equal to the value assigned to the vehicle by an electronic database that complies with the standards promulgated by the National Association of Insurance Commissioners in the Unfair Property/Casualty Claims Settlement Practices Model Regulation; or (2) the value of the vehicle as evidenced by documentation described by Section 152.0412(d)(1) or (2), Tax Code. (c) Documentation provided under Subsection (a)(2) or (b)(2) is not subject to the requirements of Section 152.0412(d-1), Tax Code. Sec. 1952.353. PROPORTIONATE RESPONSIBILITY. This subchapter does not affect any right granted by statute, common law, or contract to seek a determination of proportionate responsibility. To the extent of any conflict between this subchapter and a right granted by statute, common law, or contract to seek a determination of proportionate responsibility, the right to seek a determination of proportionate responsibility prevails over this subchapter. (5) Strike SECTION 6(b) of the bill (page 2, lines 51 and 52) and substitute the following: (b) Section 152.0412, Tax Code, and Article 5.07-2, Insurance Code, as added by this Act, take effect October 1, 2006. Subchapter H, Chapter 1952, Insurance Code, as added by this Act, takes effect April 1, 2007.