By: Thompson of Brazoria, Perez H.B. No. 2065
        (Senate Sponsor - Middleton)
         (In the Senate - Received from the House May 3, 2023;
  May 5, 2023, read first time and referred to Committee on Business &
  Commerce; May 16, 2023, reported favorably by the following vote:  
  Yeas 10, Nays 0; May 16, 2023, sent to printer.)
Click here to see the committee vote
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         SchwertnerX
         KingX
         BirdwellX
         CampbellX
         CreightonX
         JohnsonX
         KolkhorstX
         MenéndezX
         MiddletonX
         NicholsX
         ZaffiriniX
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to nonrenewal of certain private passenger automobile
  insurance policies for the insured's failure to cooperate in a
  third-party liability claim or action.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 551.1053, Insurance Code, is amended to
  read as follows:
         Sec. 551.1053.  MANDATORY NONRENEWAL OF PRIVATE PASSENGER
  AUTOMOBILE INSURANCE POLICIES.  (a)  If an insured under a private
  passenger automobile insurance policy fails or refuses to cooperate
  with an insurer in the investigation, settlement, or defense of a
  third-party liability claim or action or the insurer is unable to
  contact the insured using reasonable efforts for those purposes,
  the insurer shall provide written notice to the named insured that
  states:
               (1)  how the insured failed or refused to cooperate,
  including failure as a result of the insurer's inability to contact
  the insured;
               (2)  the claim or action for which the insurer is
  requesting cooperation; and
               (3)  the insurer will not renew the policy if the
  insured continues to fail or refuse to cooperate.
         (b)  Notwithstanding Sections 551.105 and 551.106, an
  insurer may not renew a private passenger automobile insurance
  policy if the [named] insured fails or refuses to cooperate with the
  insurer in the investigation, settlement, or defense of the
  third-party liability claim or action described by the notice
  provided under Subsection (a).
         SECTION 2.  Section 551.1053, Insurance Code, as amended by
  this Act, applies only to an insurance policy delivered, issued for
  delivery, or renewed on or after January 1, 2024. An insurance
  policy delivered, issued for delivery, or renewed before January 1,
  2024, 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, 2023.
 
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