Texas 2011 82nd Regular

Texas House Bill HB2862 Introduced / Bill

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                    82R9879 RWG-D
 By: Davis of Dallas H.B. No. 2862


 A BILL TO BE ENTITLED
 AN ACT
 relating to coverage of household residents under a personal
 automobile insurance policy.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter B, Chapter 1952, Insurance Code, is
 amended by adding Section 1952.059 to read as follows:
 Sec. 1952.059.  REQUIRED OFFER: EXCLUSION OF NAMED DRIVERS.
 (a)  In addition to applying to the insurers subject to this chapter
 under Section 1952.001, this section applies to a county mutual
 insurance company.
 (b)  An insurer that delivers or issues for delivery in this
 state a personal automobile insurance policy, including a policy
 provided through the Texas Automobile Insurance Plan Association
 under Chapter 2151, that covers liability arising out of the
 ownership, maintenance, or use of a motor vehicle and that would
 otherwise cover all residents in the named insured's household must
 offer the insured a provision that would exclude from coverage
 under the policy any resident of the named insured's household who
 is specifically named as being excluded.
 (c)  An exclusion under this section must be in writing and
 must:
 (1)  include the name of the person excluded from
 coverage;
 (2)  be signed by the named insured; and
 (3)  be attached to the policy.
 SECTION 2.  The change in law made by this Act applies only
 to an insurance policy delivered, issued for delivery, or renewed
 on or after January 1, 2012. A policy delivered, issued for
 delivery, or renewed before January 1, 2012, is governed by the law
 in effect 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, 2011.