| 1 | 1 | | 86R11522 SCL-F |
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| 2 | 2 | | By: J. Johnson of Dallas H.B. No. 2371 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an offset for amounts paid under an automobile |
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| 8 | 8 | | insurance policy's personal injury protection coverage against a |
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| 9 | 9 | | liability claim. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 1952.159, Insurance Code, is amended by |
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| 12 | 12 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (a) Except as provided by Subsection (c), if [If] a |
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| 15 | 15 | | liability claim is made by a guest or passenger described by Section |
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| 16 | 16 | | 1952.151 against the owner or operator of the motor vehicle in which |
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| 17 | 17 | | the guest or passenger was riding or against the owner's or |
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| 18 | 18 | | operator's liability insurer, the owner or operator of the motor |
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| 19 | 19 | | vehicle or the owner's or operator's liability insurer is entitled |
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| 20 | 20 | | to an offset, credit, or deduction against any award made to the |
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| 21 | 21 | | guest or passenger in an amount equal to the amounts paid by the |
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| 22 | 22 | | owner, the operator, or the owner's or operator's automobile |
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| 23 | 23 | | liability insurer to the guest or passenger under personal injury |
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| 24 | 24 | | protection. |
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| 25 | 25 | | (c) The owner's or operator's liability insurer is not |
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| 26 | 26 | | entitled to an offset, credit, or deduction under Subsection (a) if |
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| 27 | 27 | | the insurer has not paid, in relation to the accident, the full |
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| 28 | 28 | | amount of the applicable liability policy limit under the owner's |
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| 29 | 29 | | or operator's policy. |
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| 30 | 30 | | SECTION 2. Section 1952.159, Insurance Code, as amended by |
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| 31 | 31 | | this Act, applies only to a cause of action that accrues on or after |
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| 32 | 32 | | the effective date of this Act. A cause of action that accrues |
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| 33 | 33 | | before the effective date of this Act is governed by the law as it |
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| 34 | 34 | | existed immediately before the effective date of this Act, and that |
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| 35 | 35 | | law is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2019. |
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