By: Miklos H.B. No. 4259
A BILL TO BE ENTITLED
AN ACT
relating to underinsured motorist coverage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1952.106, Insurance Code, is amended to
read as follows:
Sec. 1952.106. RECOVERY UNDER UNDERINSURED MOTORIST
COVERAGE. Underinsured motorist coverage must provide for payment
to the insured of all amounts that the insured is legally entitled
to recover as damages from owners or operators of underinsured
motor vehicles because of bodily injury or property damage, not to
exceed the limit specified in the insurance policy, and reduced by
the amount recovered or recoverable from the insurer of the
underinsured motor vehicle. This payment shall be in addition to
any other benefit provided by the policy.
SECTION 2. This Act applies only to an action commenced on
or after the effective date of this Act. An action that is
commenced before the effective date of this Act is governed by the
law applicable to the action immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.