By:  Thompson                                                     H.B. No. 3300



A BILL TO BE ENTITLED

AN ACT

relating to certain coverages under an automobile insurance policy.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section (1), Article 5.06-1, Insurance Code, is 
amended to read as follows:
		(1)  No automobile liability insurance (including 
insurance issued pursuant to an Assigned Risk Plan established 
under authority of Section 35 of the Texas Motor Vehicle 
Safety-Responsibility Act), covering liability arising out of the 
ownership, maintenance, or use of any motor vehicle shall be 
delivered or issued for delivery in this state unless coverage is 
provided therein or supplemental thereto, in at least the limits 
described in the Texas Motor Vehicle Safety-Responsibility Act, 
under provisions prescribed by the Board, for the protection of 
persons insured thereunder who are legally entitled to recover 
damages from owners or operators of uninsured or underinsured motor 
vehicles because of bodily injury, sickness, or disease, including 
death, or property damage resulting therefrom.  The coverages 
required under this Article shall not be applicable where any 
insured named in the policy shall reject the coverage in writing;  
provided that unless the named insured thereafter requests such 
coverage in writing, such coverage need not be provided in or 
supplemental to a renewal policy where the named insured has 
rejected the coverage in connection with a policy previously issued 
to him by the same insurer or by an affiliated insurer.  For 
purposes of this coverage, reinstatement of a cancelled policy with 
a lapse of coverage of thirty (30) days or less will be deemed to be 
a renewal of the policy.
	SECTION 2.  Section (A), Article 5.06-3, Insurance Code, is 
amended to read as follows:
	(a)  No automobile liability insurance policy, including 
insurance issued pursuant to an assigned risk plan established 
under authority of Section 35 of the Texas Motor Vehicle 
Safety-Responsibility Act, covering liability arising out of the 
ownership, maintenance, or use of any motor vehicle shall be 
delivered or issued for delivery in this state unless personal 
injury protection coverage is provided therein or supplemental 
thereto.  The coverage required by this article shall not be 
applicable if any insured named in the policy shall reject the 
coverage in writing;  provided, unless the named insured thereafter 
requests such coverage in writing, such coverage need not be 
provided in or supplemental to a renewal policy if the named insured 
has rejected the coverage in connection with a policy previously 
issued to him by the same insurer or by an affiliated insurer.  For 
purposes of this coverage, reinstatement of a cancelled policy with 
a lapse of coverage of thirty (30) days or less will be deemed to be 
a renewal of the policy.
	SECTION 3.  The changes in law made by this Act apply only to 
an insurance policy that is delivered, issued for delivery, or 
renewed on or after the effective date of this Act.  An insurance 
policy that is delivered, issued for delivery, or renewed before 
the effective date of this Act is covered by the law in effect at the 
time the policy was delivered, issued for delivery, or renewed, and 
that law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.