| 1 | 1 | | 89R12793 SCL-D |
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| 2 | 2 | | By: Morgan H.B. No. 5017 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the effects of unresponsive insureds for a personal |
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| 10 | 10 | | automobile insurance policy. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter B, Chapter 1952, Insurance Code, is |
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| 13 | 13 | | amended by adding Section 1952.061 to read as follows: |
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| 14 | 14 | | Sec. 1952.061. REQUIRED PROVISION: UNRESPONSIVE INSUREDS. |
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| 15 | 15 | | (a) This section applies to an insurer authorized to write |
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| 16 | 16 | | automobile insurance in this state, including an insurance company, |
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| 17 | 17 | | reciprocal or interinsurance exchange, mutual insurance company, |
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| 18 | 18 | | capital stock company, county mutual insurance company, Lloyd's |
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| 19 | 19 | | plan, or other entity. |
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| 20 | 20 | | (b) A personal automobile insurance policy must contain a |
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| 21 | 21 | | provision requiring the insurer to: |
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| 22 | 22 | | (1) attempt to communicate with the named insured at |
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| 23 | 23 | | least five times or until the insured responds during the 45-day |
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| 24 | 24 | | period following the date a liability claim is made against the |
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| 25 | 25 | | insured by a third party; and |
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| 26 | 26 | | (2) if the insurer is unable to communicate with the |
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| 27 | 27 | | named insured during that period: |
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| 28 | 28 | | (A) pay the claim to the third-party claimant in |
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| 29 | 29 | | accordance with the policy; and |
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| 30 | 30 | | (B) decline to renew the policy. |
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| 31 | 31 | | SECTION 2. Section 1952.061, Insurance Code, as added by |
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| 32 | 32 | | this Act, applies only to an insurance policy delivered, issued for |
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| 33 | 33 | | delivery, or renewed on or after January 1, 2026. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2025. |
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