83R9389 SCL-D
By: Lucio III H.B. No. 1810
A BILL TO BE ENTITLED
AN ACT
relating to permissive driver exclusions for automobile insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1952, Insurance Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. PERMISSIVE DRIVER POLICIES
Sec. 1952.351. DEFINITION. In this subchapter, "permissive
driver exclusion" means a provision or endorsement of an automobile
insurance policy that excludes drivers who receive permission from
the insured to drive the insured's vehicle from coverage under the
policy.
Sec. 1952.352. APPLICABILITY. This subchapter applies to
an insurer writing automobile insurance in this state, including an
insurance company, corporation, reciprocal or interinsurance
exchange, mutual insurance company, capital stock company,
association, county mutual insurance company, Lloyd's plan, and
other insurer.
Sec. 1952.353. PERMISSIVE DRIVER EXCLUSIONS PROHIBITED. An
insurer may not use a permissive driver exclusion for an automobile
insurance policy delivered, issued for delivery, or renewed in this
state.
SECTION 2. Section 912.152(a), Insurance Code, is amended
to read as follows:
(a) A county mutual insurance company is subject to:
(1) Sections 1952.051-1952.055;
(2) Subchapter H, Chapter 1952;
(3) [(2)] Subchapter B, Chapter 2002;
(4) [(3)] Chapter 2301; and
(5) [(4)] Articles 5.06 and 5.35.
SECTION 3. Section 1952.001, Insurance Code, is amended to
read as follows:
Sec. 1952.001. APPLICABILITY OF CHAPTER. Except as
provided by Sections [Section] 1952.201 and 1952.352, this chapter
applies to an insurer writing automobile insurance in this state,
including an insurance company, corporation, reciprocal or
interinsurance exchange, mutual insurance company, association,
Lloyd's plan, or other insurer.
SECTION 4. The change in law made by this Act applies only
to an insurance policy that is delivered, issued for delivery, or
renewed on or after January 1, 2014. A policy delivered, issued for
delivery, or renewed before January 1, 2014, 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 5. This Act takes effect September 1, 2013.