| 1 | 1 | | 88R3073 SCL-D |
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| 2 | 2 | | By: Springer S.B. No. 167 |
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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 a pool for certain individuals with claims against |
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| 8 | 8 | | persons excluded from coverage by certain automobile insurance |
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| 9 | 9 | | policies; authorizing an assessment. |
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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. The heading to Subchapter H, Chapter 1952, |
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| 12 | 12 | | Insurance Code, is amended to read as follows: |
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| 13 | 13 | | SUBCHAPTER H. NAMED DRIVER POLICIES, OPERATOR'S POLICIES, AND |
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| 14 | 14 | | CERTAIN OTHER EXCLUSIONARY POLICIES |
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| 15 | 15 | | SECTION 2. Subchapter H, Chapter 1952, Insurance Code, is |
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| 16 | 16 | | amended by adding Section 1952.354 to read as follows: |
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| 17 | 17 | | Sec. 1952.354. POOL FOR OPERATOR'S POLICIES AND CERTAIN |
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| 18 | 18 | | EXCLUSIONARY POLICIES. (a) This section applies only to an insurer |
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| 19 | 19 | | writing an automobile insurance policy that: |
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| 20 | 20 | | (1) is an operator's policy; or |
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| 21 | 21 | | (2) excludes from coverage an individual who has |
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| 22 | 22 | | permission to use a covered vehicle from the named insured. |
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| 23 | 23 | | (b) The commissioner shall establish a pool for paying the |
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| 24 | 24 | | deductible incurred by a person with a valid claim against an |
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| 25 | 25 | | individual who is excluded from coverage under a policy described |
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| 26 | 26 | | by Subsection (a). The commissioner by rule shall establish and |
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| 27 | 27 | | maintain a system for an eligible person to apply for reimbursement |
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| 28 | 28 | | by the pool. |
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| 29 | 29 | | (c) The department may assess an insurer to which this |
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| 30 | 30 | | section applies to provide money to operate the pool. The amount |
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| 31 | 31 | | assessed against an insurer must be in proportion to the insurer's |
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| 32 | 32 | | writing of policies described by Subsection (a) in this state. |
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| 33 | 33 | | (d) The department may bring an action to collect an |
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| 34 | 34 | | assessment against an insurer that does not pay the assessment |
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| 35 | 35 | | within a reasonable time. |
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| 36 | 36 | | (e) The commissioner may adopt rules necessary to implement |
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| 37 | 37 | | this section. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2023. |
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