Texas 2015 - 84th Regular

Texas House Bill HB318 Latest Draft

Bill / Introduced Version Filed 11/17/2014

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                            By: Keough H.B. No. 318


 A BILL TO BE ENTITLED
 AN ACT
 relating to named driver insurance policies and certain related
 exclusions.
 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. NAMED DRIVER POLICIES
 Sec. 1952.351.  DEFINITIONS.  In this subchapter:
 (1)  "Named driver exclusion" means a provision or
 endorsement of an automobile insurance policy that excludes named
 drivers from coverage under the policy.
 (2)  "Named driver policy" means an automobile
 insurance policy that provides coverage only for drivers
 specifically named on the policy and not for individuals residing
 in a named insured's household. The term includes an automobile
 insurance policy that has been endorsed to provide coverage only
 for drivers specifically named on 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, a Lloyd's plan, and
 any other insurer.
 Sec. 1952.353.  NAMED DRIVER POLICIES PROHIBITED.  (a)  An
 insurer may not deliver, issue for delivery, or renew a named driver
 policy.
 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, 2016. A policy delivered, issued for
 delivery, or renewed before January 1, 2016, 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, 2015.