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  81R2989 AJA-D
 
  By: Van de Putte S.B. No. 535
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to use of certain factors in underwriting and rating a
  personal automobile insurance policy.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 1951, Insurance Code, is amended by
  adding Section 1951.005 to read as follows:
         Sec. 1951.005.  CERTAIN FACTORS IN UNDERWRITING AND RATING
  PROHIBITED.  An insurer may not use the occupation or educational
  level of a person insured under a personal automobile insurance
  policy, or an applicant for coverage under a personal automobile
  insurance policy, as a factor in underwriting or rating that
  coverage.
         SECTION 2.  Section 38.002, Insurance Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  An underwriting guideline used by an insurer or its
  agent in relation to a personal automobile insurance policy must
  comply with Section 1951.005.
         SECTION 3.  Section 2251.052, Insurance Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  Rates and rating applicable to a personal automobile
  insurance policy must comply with Section 1951.005.
         SECTION 4.  This Act applies only to an insurance policy that
  is delivered, issued for delivery, or renewed on or after January 1,
  2010. A policy that is delivered, issued for delivery, or renewed
  before January 1, 2010, is governed by the law as it existed
  immediately before the effective date of this Act, and that law is
  continued in effect for this purpose.
         SECTION 5.  This Act takes effect September 1, 2009.