| Old | New | Differences | |
|---|---|---|---|
| 1 | + | 89R12793 SCL-D | |
| 1 | 2 | By: Middleton S.B. No. 1791 | |
| 2 | - | (In the Senate - Filed March 3, 2025; March 13, 2025, read | |
| 3 | - | first time and referred to Committee on Business & Commerce; | |
| 4 | - | April 2, 2025, reported adversely, with favorable Committee | |
| 5 | - | Substitute by the following vote: Yeas 11, Nays 0; April 2, 2025, | |
| 6 | - | sent to printer.) | |
| 7 | - | Click here to see the committee vote | |
| 8 | - | COMMITTEE SUBSTITUTE FOR S.B. No. 1791 By: Kolkhorst | |
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| 4 | + | ||
| 9 | 5 | ||
| 10 | 6 | ||
| 11 | 7 | A BILL TO BE ENTITLED | |
| 12 | 8 | AN ACT | |
| 13 | 9 | relating to the effects of unresponsive insureds for a personal | |
| 14 | 10 | automobile insurance policy. | |
| 15 | 11 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 16 | 12 | SECTION 1. Subchapter B, Chapter 1952, Insurance Code, is | |
| 17 | 13 | amended by adding Section 1952.061 to read as follows: | |
| 18 | 14 | Sec. 1952.061. REQUIRED PROVISION: UNRESPONSIVE INSUREDS. | |
| 19 | 15 | (a) This section applies to an insurer authorized to write | |
| 20 | 16 | automobile insurance in this state, including an insurance company, | |
| 21 | 17 | reciprocal or interinsurance exchange, mutual insurance company, | |
| 22 | 18 | capital stock company, county mutual insurance company, Lloyd's | |
| 23 | 19 | plan, or other entity. | |
| 24 | 20 | (b) A personal automobile insurance policy must contain a | |
| 25 | 21 | provision requiring the insurer to: | |
| 26 | - | (1) attempt to communicate with | |
| 27 | - | five times or until the insured responds during the 45-day | |
| 28 | - | following the date a liability claim is made against the | |
| 29 | - | a third party; and | |
| 30 | - | (2) if the insurer is unable to communicate with | |
| 31 | - | insured during that period: | |
| 22 | + | (1) attempt to communicate with the named insured at | |
| 23 | + | least five times or until the insured responds during the 45-day | |
| 24 | + | period following the date a liability claim is made against the | |
| 25 | + | insured by a third party; and | |
| 26 | + | (2) if the insurer is unable to communicate with the | |
| 27 | + | named insured during that period: | |
| 32 | 28 | (A) pay the claim to the third-party claimant in | |
| 33 | 29 | accordance with the policy; and | |
| 34 | 30 | (B) decline to renew the policy. | |
| 35 | 31 | SECTION 2. Section 1952.061, Insurance Code, as added by | |
| 36 | 32 | this Act, applies only to an insurance policy delivered, issued for | |
| 37 | 33 | delivery, or renewed on or after January 1, 2026. | |
| 38 | 34 | SECTION 3. This Act takes effect September 1, 2025. | |
| 39 | - | * * * * * |