| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to certain practices in the business of personal |
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| 8 | 6 | | automobile insurance. |
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| 9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 8 | | SECTION 1. Section 544.552, Insurance Code, is amended to |
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| 11 | 9 | | read as follows: |
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| 12 | 10 | | Sec. 544.552. APPLICABILITY. This subchapter applies only |
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| 13 | 11 | | to: |
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| 14 | 12 | | (1) a standard fire, homeowners, or farm and ranch |
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| 15 | 13 | | owners insurance policy; or |
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| 16 | 14 | | (2) a personal automobile insurance policy, including |
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| 17 | 15 | | a policy written by a county mutual insurance company. |
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| 18 | 16 | | SECTION 2. Section 551.113(a), Insurance Code, is amended |
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| 19 | 17 | | to read as follows: |
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| 20 | 18 | | (a) This section applies only to: |
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| 21 | 19 | | (1) a standard fire, homeowners, or farm and ranch |
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| 22 | 20 | | owners insurance policy; or |
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| 23 | 21 | | (2) a personal automobile insurance policy. |
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| 24 | 22 | | SECTION 3. Section 912.002(b), Insurance Code, is amended |
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| 25 | 23 | | to read as follows: |
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| 26 | 24 | | (b) A county mutual insurance company is subject to: |
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| 27 | 25 | | (1) Sections 38.001, 401.051, 401.052, |
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| 28 | 26 | | 401.054-401.062, 401.151, 401.152, 401.155, 401.156, 501.159, |
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| 29 | 27 | | 501.202, 501.203, 822.204, 1806.001, 1806.101, 1806.103(b), |
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| 30 | 28 | | 1806.104-1806.107, 1953.051(b), 2002.002, and 2002.005; |
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| 31 | 29 | | (2) Subchapter A, Chapter 86; |
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| 32 | 30 | | (3) Subchapter A, Chapter 401; |
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| 33 | 31 | | (4) the provisions of Subchapter B, Chapter 424, other |
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| 34 | 32 | | than Sections 424.052, 424.072, and 424.073; |
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| 35 | 33 | | (5) Chapters 221, 251, 252, 254, 541, and 2210; and |
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| 36 | 34 | | (6) Articles 5.39 and 5.40. |
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| 37 | 35 | | SECTION 4. Section 1953.051, Insurance Code, is amended to |
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| 38 | 36 | | read as follows: |
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| 39 | 37 | | Sec. 1953.051. CERTAIN RATING PLANS PROHIBITED. (a) A |
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| 40 | 38 | | rating plan regarding the writing of automobile insurance, other |
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| 41 | 39 | | than insurance written under Chapter 2151, may not: |
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| 42 | 40 | | (1) assign a rate consequence to a charge or |
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| 43 | 41 | | conviction for a violation of Subtitle C, Title 7, Transportation |
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| 44 | 42 | | Code; or |
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| 45 | 43 | | (2) otherwise cause premiums for automobile insurance |
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| 46 | 44 | | to be increased because of a charge or conviction described by |
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| 47 | 45 | | Subdivision (1). |
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| 48 | 46 | | (b) A rating plan regarding the writing of personal |
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| 49 | 47 | | automobile insurance may not: |
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| 50 | 48 | | (1) assign a rate consequence solely to: |
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| 51 | 49 | | (A) a consumer inquiry, as defined by Section |
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| 52 | 50 | | 544.551, made by an applicant or insured; or |
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| 53 | 51 | | (B) a claim filed by an insured under a personal |
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| 54 | 52 | | automobile insurance policy that is not paid or payable under the |
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| 55 | 53 | | policy; or |
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| 56 | 54 | | (2) otherwise cause premiums for personal automobile |
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| 57 | 55 | | insurance to be increased solely because of an inquiry or claim |
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| 58 | 56 | | described by Subdivision (1). |
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| 59 | 57 | | SECTION 5. This Act applies only to an insurance policy that |
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| 60 | 58 | | is delivered, issued for delivery, or renewed on or after the |
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| 61 | 59 | | effective date of this Act. A policy delivered, issued for |
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| 62 | 60 | | delivery, or renewed before the effective date of this Act is |
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| 63 | 61 | | governed by the law as it existed immediately before the effective |
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| 64 | 62 | | date of this Act, and that law is continued in effect for that |
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| 65 | 63 | | purpose. |
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| 66 | 64 | | SECTION 6. This Act takes effect September 1, 2015. |
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