83R10164 MEW-D
 
  By: Davis S.B. No. 979
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the determination by a motor vehicle insurer of the
  value of a vehicle declared a total loss.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1952.001, Insurance Code, is amended to
  read as follows:
         Sec. 1952.001.  APPLICABILITY OF CHAPTER. Except as
  otherwise provided by this chapter [provided by Section 1952.201],
  this chapter applies to an insurer writing automobile insurance in
  this state, including an insurance company, corporation,
  reciprocal or interinsurance exchange, mutual insurance company,
  association, Lloyd's plan, or other insurer.
         SECTION 2.  Chapter 1952, Insurance Code, is amended by
  adding Subchapter H to read as follows:
         SUBCHAPTER H. PAYMENT OF DAMAGES FOR MOTOR VEHICLE LOSSES
         Sec. 1952.351.  APPLICABILITY OF SUBCHAPTER. This
  subchapter applies to an insurer writing automobile insurance in
  this state, including an insurance company, reciprocal or
  interinsurance exchange, mutual insurance company, capital stock
  company, county mutual insurance company, Lloyd's plan, or other
  entity.
         Sec. 1952.352.  DETERMINATION OF VALUE. (a) An insurer that
  pays damages for a motor vehicle that has been declared a total loss
  shall determine the value of the motor vehicle at the time of loss
  using a version of a compilation approved by the public counsel of
  the office of public insurance counsel under Subsection (b).
         (b)  The public counsel of the office of public insurance
  counsel by rule shall approve a list of nationally recognized
  compilations, including electronic databases, that present fair
  and representative retail values of motor vehicles in this state.
         SECTION 3.  Section 1952.352, Insurance Code, as added by
  this Act, applies only to an insurance policy that is delivered,
  issued for delivery, or renewed on or after January 1, 2014. A
  policy delivered, issued for delivery, or renewed before January 1,
  2014, 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 4.  This Act takes effect September 1, 2013.