Texas 2015 - 84th Regular

Texas House Bill HB3203 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R22795 SCL-D
2	2	By: Sheets H.B. No. 3203
3	3	Substitute the following for H.B. No. 3203:
4	4	By: Frullo C.S.H.B. No. 3203
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a named driver policy.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 1952.0545, Insurance Code, is amended by
12	12	amending Subsections (a), (b), (c), and (e) and adding Subsections
13	13	(f) and (g) to read as follows:
14	14	(a) In this section:
15	15	(1) "Household" means a unit of individuals living
16	16	together in the same dwelling, without regard to whether the
17	17	individuals are related to each other.
18	18	(2) [,]"Named [named] driver policy" means a personal
19	19	[an] automobile owner's insurance policy that does not provide
20	20	coverage for an individual residing in a named insured's household
21	21	[specifically] unless the individual is specifically named on the
22	22	policy. The term includes a personal [an automobile] insurance
23	23	policy that has been endorsed to provide coverage only for drivers
24	24	specifically named on the policy. The term does not include:
25	25	(1) a named non-owner policy or operator's policy; or
26	26	(2) an owner's policy that provides coverage for each
27	27	individual residing in a named insured's household unless the
28	28	individual is specifically excluded.
29	29	(b) Before accepting the initial [any] premium or fee for a
30	30	named driver policy, an agent or insurer, including a county mutual
31	31	insurance company, must make the following disclosure, orally or
32	32	[and] in writing, to the applicant or insured:
33	33	WARNING: A NAMED DRIVER POLICY DOES NOT PROVIDE
34	34	COVERAGE FOR INDIVIDUALS RESIDING IN THE INSURED'S
35	35	HOUSEHOLD THAT ARE NOT NAMED ON THE POLICY.
36	36	(c) Before accepting the initial [any] premium or fee for a
37	37	named driver policy, an agent or insurer, including a county mutual
38	38	insurance company, must receive a copy of the disclosure described
39	39	by Subsection (b) that is signed by the applicant or insured.
40	40	(e) The agent or insurer shall require the applicant or
41	41	insured to confirm [contemporaneously] in writing the provision of
42	42	an oral disclosure pursuant to Subsection (b).
43	43	(f) The agent or insurer is not required to provide the
44	44	disclosure in or supplemental to a reinstated or renewal policy if
45	45	the named insured has previously acknowledged receipt of the
46	46	disclosure in connection with that policy or a personal automobile
47	47	insurance policy previously issued to the insured by the same
48	48	insurer or an affiliated insurer.
49	49	(g) A signature required by this section must be an original
50	50	or electronic signature executed specifically for each new policy.
51	51	An electronic signature must comply with Chapter 322, Business &
52	52	Commerce Code, and Chapter 35 of this code.
53	53	SECTION 2. This Act applies only to an insurance policy that
54	54	is delivered, issued for delivery, or renewed on or after the
55	55	effective date of this Act. An insurance policy delivered, issued
56	56	for delivery, or renewed before the effective date of this Act is
57	57	governed by the law as it existed immediately before the effective
58	58	date of this Act, and that law is continued in effect for that
59	59	purpose.
60	60	SECTION 3. This Act takes effect September 1, 2015.