| 1 | 1 | | 81R9979 PMO-D |
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| 2 | 2 | | By: McClendon H.B. No. 2136 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to mandatory personal injury protection. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 1952.152, Insurance Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 1952.152. PERSONAL INJURY PROTECTION COVERAGE |
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| 12 | 12 | | REQUIRED. [(a)] An insurer may not deliver or issue for delivery |
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| 13 | 13 | | in this state an automobile liability insurance policy, including a |
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| 14 | 14 | | policy provided through the Texas Automobile Insurance Plan |
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| 15 | 15 | | Association under Chapter 2151, that covers liability arising out |
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| 16 | 16 | | of the ownership, maintenance, or use of any motor vehicle unless |
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| 17 | 17 | | the insurer provides personal injury protection coverage in the |
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| 18 | 18 | | policy or supplemental to the policy. |
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| 19 | 19 | | [(b) The coverage required by this subchapter does not apply |
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| 20 | 20 | | if any insured named in the insurance policy rejects the coverage in |
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| 21 | 21 | | writing. Unless the named insured requests in writing the coverage |
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| 22 | 22 | | required by this subchapter, the insurer is not required to provide |
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| 23 | 23 | | that coverage in or supplemental to a reinstated insurance policy |
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| 24 | 24 | | or renewal insurance policy if the named insured rejected the |
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| 25 | 25 | | coverage in connection with that insurance policy or an insurance |
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| 26 | 26 | | policy previously issued to the insured by the same insurer or by an |
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| 27 | 27 | | affiliated insurer.] |
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| 28 | 28 | | SECTION 2. Section 1952.153, Insurance Code, is amended to |
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| 29 | 29 | | read as follows: |
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| 30 | 30 | | Sec. 1952.153. MAXIMUM REQUIRED AMOUNT OF PERSONAL INJURY |
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| 31 | 31 | | PROTECTION. This subchapter does not require an insurer to provide |
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| 32 | 32 | | personal injury protection coverage in an amount that exceeds |
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| 33 | 33 | | $10,000 [$2,500] for all benefits, in the aggregate, for each |
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| 34 | 34 | | person. |
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| 35 | 35 | | SECTION 3. This Act applies only to an insurance policy or |
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| 36 | 36 | | contract or evidence of coverage that is delivered, issued for |
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| 37 | 37 | | delivery, or renewed on or after January 1, 2010. An insurance |
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| 38 | 38 | | policy or contract or evidence of coverage delivered, issued for |
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| 39 | 39 | | delivery, or renewed before January 1, 2010, is governed by the law |
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| 40 | 40 | | as it existed immediately before the effective date of this Act, and |
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| 41 | 41 | | that law is continued in effect for that purpose. |
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| 42 | 42 | | SECTION 4. This Act takes effect September 1, 2009. |
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