88R3073 SCL-D
By: Springer S.B. No. 167
A BILL TO BE ENTITLED
AN ACT
relating to a pool for certain individuals with claims against
persons excluded from coverage by certain automobile insurance
policies; authorizing an assessment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter H, Chapter 1952,
Insurance Code, is amended to read as follows:
SUBCHAPTER H. NAMED DRIVER POLICIES, OPERATOR'S POLICIES, AND
CERTAIN OTHER EXCLUSIONARY POLICIES
SECTION 2. Subchapter H, Chapter 1952, Insurance Code, is
amended by adding Section 1952.354 to read as follows:
Sec. 1952.354. POOL FOR OPERATOR'S POLICIES AND CERTAIN
EXCLUSIONARY POLICIES. (a) This section applies only to an insurer
writing an automobile insurance policy that:
(1) is an operator's policy; or
(2) excludes from coverage an individual who has
permission to use a covered vehicle from the named insured.
(b) The commissioner shall establish a pool for paying the
deductible incurred by a person with a valid claim against an
individual who is excluded from coverage under a policy described
by Subsection (a). The commissioner by rule shall establish and
maintain a system for an eligible person to apply for reimbursement
by the pool.
(c) The department may assess an insurer to which this
section applies to provide money to operate the pool. The amount
assessed against an insurer must be in proportion to the insurer's
writing of policies described by Subsection (a) in this state.
(d) The department may bring an action to collect an
assessment against an insurer that does not pay the assessment
within a reasonable time.
(e) The commissioner may adopt rules necessary to implement
this section.
SECTION 3. This Act takes effect September 1, 2023.