79R4054 KCR-D

By:  Menendez                                                     H.B. No. 766



A BILL TO BE ENTITLED

AN ACT

relating to liability for damages arising from a motor vehicle 
accident.    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 601, Transportation Code, 
is amended by adding Section 601.089 to read as follows:
	Sec. 601.089.  PAYMENT OF DEDUCTIBLE FOLLOWING CERTAIN 
ACCIDENTS.  (a)  If, following a motor vehicle accident, a person 
who was knowingly operating a motor vehicle involved in the 
accident in violation of Section 601.051 files a claim against a 
motor vehicle liability insurance policy that an operator or owner 
of another motor vehicle involved in the accident is required to 
maintain under this chapter, the person filing the claim must pay 
the deductible amount or amounts described by Section 601.072(b) 
that would otherwise be due from the insured under the policy.
	(b)  An insurer that issues a motor vehicle liability 
insurance policy to satisfy the requirements of this subchapter may 
not require an insured to pay any deductible amount or amounts 
described by Section 601.072(b) that are due under the policy if a 
person other than the insured is required to pay the deductible 
amount or amounts under Subsection (a).
	SECTION 2.  Section 601.089, Transportation Code, as added 
by this Act, applies only to a motor vehicle liability insurance 
policy that is delivered, issued for delivery, or renewed on or 
after the effective date of this Act.  A motor vehicle liability 
insurance policy that is delivered, issued for delivery, or renewed 
before the effective date of this Act 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, 2005.