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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.