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A BILL TO BE ENTITLED
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AN ACT
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relating to an offset for amounts paid under an automobile |
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insurance policy's personal injury protection coverage against a |
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liability claim. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1952.159, Insurance Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Subsection (c), if [If] a |
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liability claim is made by a guest or passenger described by Section |
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1952.151 against the owner or operator of the motor vehicle in which |
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the guest or passenger was riding or against the owner's or |
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operator's liability insurer, the owner or operator of the motor |
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vehicle or the owner's or operator's liability insurer is entitled |
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to an offset, credit, or deduction against any award made to the |
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guest or passenger in an amount equal to the amounts paid by the |
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owner, the operator, or the owner's or operator's automobile |
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liability insurer to the guest or passenger under personal injury |
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protection. |
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(c) The owner's or operator's liability insurer is not |
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entitled to an offset, credit, or deduction under Subsection (a) if |
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the insurer has not paid, in relation to the accident, the full |
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amount of the applicable liability policy limit under the owner's |
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or operator's policy. |
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SECTION 2. Section 1952.159, Insurance Code, as amended by |
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this Act, applies only to a cause of action that accrues on or after |
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the effective date of this Act. A cause of action that accrues |
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before the effective date of this Act is governed by the law as it |
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existed immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |