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A BILL TO BE ENTITLED
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AN ACT
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relating to a pool for certain individuals with claims against |
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persons excluded from coverage by certain automobile insurance |
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policies; authorizing an assessment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter H, Chapter 1952, |
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Insurance Code, is amended to read as follows: |
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SUBCHAPTER H. NAMED DRIVER POLICIES, OPERATOR'S POLICIES, AND |
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CERTAIN OTHER EXCLUSIONARY POLICIES |
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SECTION 2. Subchapter H, Chapter 1952, Insurance Code, is |
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amended by adding Section 1952.354 to read as follows: |
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Sec. 1952.354. POOL FOR OPERATOR'S POLICIES AND CERTAIN |
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EXCLUSIONARY POLICIES. (a) This section applies only to an insurer |
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writing an automobile insurance policy that: |
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(1) is an operator's policy; or |
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(2) excludes from coverage an individual who has |
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permission to use a covered vehicle from the named insured. |
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(b) The commissioner shall establish a pool for paying the |
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deductible incurred by a person with a valid claim against an |
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individual who is excluded from coverage under a policy described |
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by Subsection (a). The commissioner by rule shall establish and |
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maintain a system for an eligible person to apply for reimbursement |
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by the pool. |
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(c) The department may assess an insurer to which this |
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section applies to provide money to operate the pool. The amount |
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assessed against an insurer must be in proportion to the insurer's |
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writing of policies described by Subsection (a) in this state. |
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(d) The department may bring an action to collect an |
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assessment against an insurer that does not pay the assessment |
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within a reasonable time. |
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(e) The commissioner may adopt rules necessary to implement |
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this section. |
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SECTION 3. This Act takes effect September 1, 2023. |