Texas 2013 - 83rd Regular

Texas Senate Bill SB1567 Compare Versions

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11 By: Davis S.B. No. 1567
22 (Eiland)
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to coverage of certain persons under an automobile
88 insurance policy.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter B, Chapter 1952, Insurance Code, is
1111 amended by adding Sections 1952.0515 and 1952.0545 to read as
1212 follows:
1313 Sec. 1952.0515. REQUIRED COVERAGE. An agent or insurer,
1414 including a county mutual insurance company, may not deliver or
1515 issue for delivery in this state a personal automobile insurance
1616 policy unless the policy provides at least the minimum coverage
1717 specified by Subchapter D, Chapter 601, Transportation Code.
1818 Sec. 1952.0545. REQUIRED DISCLOSURE REGARDING NAMED DRIVER
1919 POLICIES; PERSONS IN INSURED'S HOUSEHOLD. (a) In this section,
2020 "named driver policy" means an automobile insurance policy that
2121 does not provide coverage for an individual residing in a named
2222 insured's household specifically unless the individual is named on
2323 the policy. The term includes an automobile insurance policy that
2424 has been endorsed to provide coverage only for drivers specifically
2525 named on the policy.
2626 (b) Before accepting any premium or fee for a named driver
2727 policy, an agent or insurer, including a county mutual insurance
2828 company, must make the following disclosure, orally and in writing,
2929 to the applicant or insured:
3030 WARNING: A NAMED DRIVER POLICY DOES NOT PROVIDE
3131 COVERAGE FOR INDIVIDUALS RESIDING IN THE INSURED'S
3232 HOUSEHOLD THAT ARE NOT NAMED ON THE POLICY.
3333 (c) Before accepting any premium or fee for a named driver
3434 policy, an agent or insurer, including a county mutual insurance
3535 company, must receive a copy of the disclosure described by
3636 Subsection (b) that is signed by the applicant or insured.
3737 (d) An agent or insurer, including a county mutual insurance
3838 company, that delivers or issues for delivery a named driver policy
3939 in this state shall specifically include in the policy and
4040 conspicuously identify on the front of any proof of insurance
4141 document issued to the insured the required disclosure under
4242 Subsection (b).
4343 (e) The agent or insurer shall require the applicant or
4444 insured to confirm contemporaneously in writing the provision of
4545 oral disclosure pursuant to Subsection (b).
4646 SECTION 2. Section 601.081, Transportation Code, is amended
4747 to read as follows:
4848 Sec. 601.081. STANDARD PROOF OF MOTOR VEHICLE LIABILITY
4949 INSURANCE FORM. (a) In this section, "named driver policy" has
5050 the meaning assigned by Section 1952.0545, Insurance Code.
5151 (b) A standard proof of motor vehicle liability insurance
5252 form prescribed by the Texas Department of Insurance must include:
5353 (1) the name of the insurer;
5454 (2) the insurance policy number;
5555 (3) the policy period;
5656 (4) the name and address of each insured;
5757 (5) the policy limits or a statement that the coverage
5858 of the policy complies with the minimum amounts of motor vehicle
5959 liability insurance required by this chapter; [and]
6060 (6) the make and model of each covered vehicle; and
6161 (7) for a named driver policy, the required disclosure
6262 under Section 1952.0545, Insurance Code.
6363 SECTION 3. This Act applies only to an insurance policy that
6464 is delivered, issued for delivery, or renewed on or after January 1,
6565 2014. A policy delivered, issued for delivery, or renewed before
6666 January 1, 2014, is governed by the law as it existed immediately
6767 before the effective date of this Act, and that law is continued in
6868 effect for that purpose.
6969 SECTION 4. This Act takes effect September 1, 2013.