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AN ACT
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relating to certain practices in the business of personal |
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automobile insurance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 544.552, Insurance Code, is amended to |
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read as follows: |
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Sec. 544.552. APPLICABILITY. This subchapter applies only |
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to: |
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(1) a standard fire, homeowners, or farm and ranch |
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owners insurance policy; or |
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(2) a personal automobile insurance policy, including |
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a policy written by a county mutual insurance company. |
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SECTION 2. Section 551.113(a), Insurance Code, is amended |
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to read as follows: |
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(a) This section applies only to: |
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(1) a standard fire, homeowners, or farm and ranch |
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owners insurance policy; or |
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(2) a personal automobile insurance policy. |
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SECTION 3. Section 912.002(b), Insurance Code, is amended |
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to read as follows: |
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(b) A county mutual insurance company is subject to: |
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(1) Sections 38.001, 401.051, 401.052, |
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401.054-401.062, 401.151, 401.152, 401.155, 401.156, 501.159, |
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501.202, 501.203, 822.204, 1806.001, 1806.101, 1806.103(b), |
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1806.104-1806.107, 1953.051(b), 2002.002, and 2002.005; |
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(2) Subchapter A, Chapter 86; |
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(3) Subchapter A, Chapter 401; |
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(4) the provisions of Subchapter B, Chapter 424, other |
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than Sections 424.052, 424.072, and 424.073; |
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(5) Chapters 221, 251, 252, 254, 541, and 2210; and |
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(6) Articles 5.39 and 5.40. |
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SECTION 4. Section 1953.051, Insurance Code, is amended to |
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read as follows: |
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Sec. 1953.051. CERTAIN RATING PLANS PROHIBITED. (a) A |
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rating plan regarding the writing of automobile insurance, other |
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than insurance written under Chapter 2151, may not: |
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(1) assign a rate consequence to a charge or |
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conviction for a violation of Subtitle C, Title 7, Transportation |
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Code; or |
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(2) otherwise cause premiums for automobile insurance |
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to be increased because of a charge or conviction described by |
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Subdivision (1). |
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(b) A rating plan regarding the writing of personal |
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automobile insurance may not: |
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(1) assign a rate consequence solely to: |
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(A) a consumer inquiry, as defined by Section |
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544.551, made by an applicant or insured; or |
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(B) a claim filed by an insured under a personal |
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automobile insurance policy that is not paid or payable under the |
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policy; or |
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(2) otherwise cause premiums for personal automobile |
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insurance to be increased solely because of an inquiry or claim |
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described by Subdivision (1). |
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SECTION 5. This Act applies only to an insurance policy that |
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is delivered, issued for delivery, or renewed on or after the |
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effective date of this Act. A policy delivered, issued for |
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delivery, or renewed before the effective date of this Act is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 6. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 189 passed the Senate on |
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April 7, 2015, by the following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 189 passed the House on |
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May 27, 2015, by the following vote: Yeas 135, Nays 9, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |