87R8937 JES-F
 
  By: Lambert H.B. No. 3960
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to insurer restrictions and duties regarding repair of a
  motor vehicle covered under an insurance policy.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1952.301, Insurance Code, is amended to
  read as follows:
         Sec. 1952.301.  LIMITATIONS AND DUTIES REGARDING REPAIR OF
  MOTOR VEHICLE [LIMITATION ON PARTS, PRODUCTS, OR REPAIR PERSONS OR
  FACILITIES PROHIBITED]. (a) Under [Except as provided by rules
  adopted by the commissioner, under] an automobile insurance policy
  that is delivered, issued for delivery, or renewed in this state, an
  insurer may not directly or indirectly limit the insurer's coverage
  under a policy covering damage to a motor vehicle that has an
  unexpired manufacturer's warranty.
         (a-1)  Conduct prohibited by Subsection (a) includes [by]:
               (1)  specifying the brand, type, kind, age, vendor,
  supplier, or condition of parts or products or the repair process
  that may be used to repair the vehicle, unless the specified part,
  product, or repair process is the manufacturer's warranted part,
  product, or repair process; or
               (2)  limiting the beneficiary of the policy from
  selecting a repair person or facility to repair damage to the
  vehicle.
         (b)  In settling a liability claim by a third party against
  an insured for property damage, claimed by the third party, to a
  motor vehicle that has an unexpired manufacturer's warranty, an
  insurer may not require the third-party claimant to have the motor
  vehicle repairs made by a particular repair person or facility or to
  use a particular brand, type, kind, age, vendor, supplier, or
  condition of parts or products or a particular repair process,
  unless the part, product, or repair process is the manufacturer's
  warranted part, product, or repair process.
         (c)  If a covered repair to a third party's or the insured's
  motor vehicle requires an original equipment manufacturer's part or
  product that is no longer manufactured to restore the motor vehicle
  to the vehicle's pre-damaged condition, the insurer shall use the
  insurer's best efforts to ensure the repair can be made using that
  necessary part or product along with any necessary repair process.
         SECTION 2.  The change in law made by this Act applies only
  to an insurance policy that is delivered, issued for delivery, or
  renewed on or after January 1, 2022. A policy delivered, issued for
  delivery, or renewed before that date 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 3.  This Act takes effect September 1, 2021.