86R11522 SCL-F
By: J. Johnson of Dallas H.B. No. 2371
A BILL TO BE ENTITLED
AN ACT
relating to an offset for amounts paid under an automobile
insurance policy's personal injury protection coverage against a
liability claim.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1952.159, Insurance Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsection (c), if [If] a
liability claim is made by a guest or passenger described by Section
1952.151 against the owner or operator of the motor vehicle in which
the guest or passenger was riding or against the owner's or
operator's liability insurer, the owner or operator of the motor
vehicle or the owner's or operator's liability insurer is entitled
to an offset, credit, or deduction against any award made to the
guest or passenger in an amount equal to the amounts paid by the
owner, the operator, or the owner's or operator's automobile
liability insurer to the guest or passenger under personal injury
protection.
(c) The owner's or operator's liability insurer is not
entitled to an offset, credit, or deduction under Subsection (a) if
the insurer has not paid, in relation to the accident, the full
amount of the applicable liability policy limit under the owner's
or operator's policy.
SECTION 2. Section 1952.159, Insurance Code, as amended by
this Act, applies only to a cause of action that accrues on or after
the effective date of this Act. A cause of action that accrues
before the effective date of this Act 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 3. This Act takes effect September 1, 2019.