reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter D. Personal Injury Protection Coverage › Section 1952.158. Exclusion of Benefits

Sec. 1952.158.  EXCLUSION OF BENEFITS.  An insurer shall exclude benefits to an insured or the insured's personal representative under the coverage required by this subchapter if the insured's conduct contributed to the injury the insured sustained and that conduct:
(1)  involved intentionally causing injury to the insured; or
(2)  occurred while committing a felony or while seeking to elude lawful apprehension or arrest by a law enforcement official.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter D. Personal Injury Protection Coverage › Section 1952.159. Offset Against Liability Claim

Sec. 1952.159.  OFFSET AGAINST LIABILITY CLAIM.  (a)  If a liability claim is made by a guest or passenger described by Section 1952.151 against the owner or operator of the motor vehicle in which the guest or passenger was riding or against the owner's or operator's liability insurer, the owner or operator of the motor vehicle or the owner's or operator's liability insurer is entitled to an offset, credit, or deduction against any award made to the guest or passenger in an amount equal to the amounts paid by the owner, the operator, or the owner's or operator's automobile liability insurer to the guest or passenger under personal injury protection.
(b)  This subchapter does not authorize a direct action against a liability insurer if that right does not presently exist at law.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter D. Personal Injury Protection Coverage › Section 1952.160. Inapplicability to Accident or Health Insurance

Sec. 1952.160.  INAPPLICABILITY TO ACCIDENT OR HEALTH INSURANCE.  This subchapter applies only to an automobile insurance policy subject to this subtitle or Subchapter A, Chapter 5, and does not apply to any other accident or health insurance policy, regardless of whether the accident or health insurance policy provides indemnity against automobile-connected injuries.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter D. Personal Injury Protection Coverage › Section 1952.161. Certain Coverage Unaffected

Sec. 1952.161.  CERTAIN COVERAGE UNAFFECTED.  This subchapter does not:
(1)  affect the offering of medical payments coverage, disability benefits, or accidental death benefits, as presently prescribed by the commissioner; or
(2)  prevent an insurer from providing benefits broader than the minimum benefits described by this subchapter, subject to the rules prescribed by the commissioner.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter E. Short-Term Liability Insurance For › Section 1952.201. Applicability of Subchapter

Sec. 1952.201.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies to an insurer authorized to write automobile insurance in this state, including an insurance company, reciprocal or interinsurance exchange, mutual insurance company, capital stock company, county mutual insurance company, Lloyd's plan, or other entity.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter E. Short-Term Liability Insurance For › Section 1952.202. Definitions

Sec. 1952.202.  DEFINITIONS.  In this subchapter:
(1)  "Motor vehicle" means any private passenger vehicle or utility type vehicle that has a gross weight of not more than 25,000 pounds.
(2)  "Short-term liability insurance policy" means an insurance policy that:
(A)  provides coverage for at least 24 hours but not for more than one week;
(B)  meets the requirements of Chapter 601, Transportation Code;
(C)  covers liability for bodily injury, death, and property damage arising from the use or operation of a motor vehicle; and
(D)  is not insurance assigned to an authorized insurer by the Texas Automobile Insurance Plan Association under Section 2151.102(a).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter E. Short-Term Liability Insurance For › Section 1952.203. Short-Term Liability Insurance Program

Sec. 1952.203.  SHORT-TERM LIABILITY INSURANCE PROGRAM.  (a)  The commissioner by rule may establish a program to provide for the sale of short-term liability insurance policies to nonresident motorists who are visiting this state.
(b)  The commissioner may negotiate an agreement with any insurer under which the insurer will sell insurance policies described by this section.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter E. Short-Term Liability Insurance For › Section 1952.204. Agent License Required

Sec. 1952.204.  AGENT LICENSE REQUIRED.  A person representing an insurer in selling short-term liability insurance policies under this subchapter must be licensed under Title 13.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter E. Short-Term Liability Insurance For › Section 1952.205. Sale of Short-Term Liability Insurance Policies

Sec. 1952.205.  SALE OF SHORT-TERM LIABILITY INSURANCE POLICIES.  An insurer selling short-term liability insurance policies under this subchapter shall use policy forms adopted by the commissioner under Article 5.06 or filed and in effect as provided by Subchapter B, Chapter 2301, as applicable, unless the insurer is exempt from using those forms.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter F. Garage Insurance › Section 1952.251. Definitions

Sec. 1952.251.  DEFINITIONS.  In this subchapter:
(1)  "Garage customer" means a person or organization other than:
(A)  the named insured under a garage insurance policy;
(B)  an employee, director, officer, shareholder, partner, or agent of the named insured; or
(C)  a resident of the same household as:
(i)  the named insured; or
(ii)  an employee, director, officer, shareholder, partner, or agent of the named insured.
(2)  "Garage insurance" means automobile insurance as defined by Article 5.01 issued to a named insured who is engaged in the business of selling, servicing, or repairing motor vehicles as defined by commissioner rule or order.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter F. Garage Insurance › Section 1952.252. Garage Insurance

Sec. 1952.252.  GARAGE INSURANCE.  (a)  A garage insurance policy may provide that a garage customer is not an insured under the policy and that the coverage under the policy does not apply to a garage customer except to the extent that any other insurance coverage that is collectible and available to the garage customer is not equal to the minimum financial responsibility limits specified by Chapter 601, Transportation Code.
(b)  Notwithstanding any provision to the contrary in another insurance policy as to whether the insurance coverage described by Subsection (a) that is provided under that policy is primary, excess, or contingent insurance, or otherwise, the other insurance coverage is the primary insurance as to the garage customer.
(c)  A garage insurance policy containing a provision described by Subsection (a)  may not cover a garage customer except to the extent permitted by this section, notwithstanding the terms of the other insurance policy providing coverage described by Subsection (a).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter G. Repair of Motor Vehicles › Section 1952.301. Limitation on Parts, Products, or Repair Persons or Facilities Prohibited

Sec. 1952.301.  LIMITATION ON PARTS, PRODUCTS, OR REPAIR PERSONS OR FACILITIES PROHIBITED.  (a)  Except as provided by rules adopted by the commissioner, under an automobile insurance policy that is delivered, issued for delivery, or renewed in this state, an insurer may not directly or indirectly limit the insurer's coverage under a policy covering damage to a motor vehicle by:
(1)  specifying the brand, type, kind, age, vendor, supplier, or condition of parts or products that may be used to repair the vehicle; or
(2)  limiting the beneficiary of the policy from selecting a repair person or facility to repair damage to the vehicle.
(b)  In settling a liability claim by a third party against an insured for property damage claimed by the third party, an insurer may not require the third-party claimant to have repairs made by a particular repair person or facility or to use a particular brand, type, kind, age, vendor, supplier, or condition of parts or products.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter G. Repair of Motor Vehicles › Section 1952.302. Prohibited Acts in Connection With Repair of Motor Vehicle

Sec. 1952.302.  PROHIBITED ACTS IN CONNECTION WITH REPAIR OF MOTOR VEHICLE.  In connection with the repair of damage to a motor vehicle covered under an automobile insurance policy, an insurer, an employee or agent of an insurer, an insurance adjuster, or an entity that employs an insurance adjuster may not:
(1)  solicit or accept a referral fee or gratuity in exchange for referring a beneficiary or third-party claimant to a repair person or facility to repair the damage;
(2)  state or suggest, either orally or in writing, to a beneficiary that the beneficiary must use a specific repair person or facility or a repair person or facility identified on a preferred list compiled by an insurer for the damage repair or parts replacement to be covered by the policy; or
(3)  restrict the right of a beneficiary or third-party claimant to choose a repair person or facility by requiring the beneficiary or third-party claimant to travel an unreasonable distance to repair the damage.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter G. Repair of Motor Vehicles › Section 1952.303. Contracts Between Insurer and Repair Person or Facility

Sec. 1952.303.  CONTRACTS BETWEEN INSURER AND REPAIR PERSON OR FACILITY.  (a)  A contract between an insurer and a repair person or facility, including an agreement under which the repair person or facility agrees to extend discounts for parts or labor to the insurer in exchange for referrals by the insurer, may not result in a reduction of coverage under an insured's automobile insurance policy.
(b)  The commissioner may adopt rules under Chapter 542 with respect to any fraudulent activity of any party to an agreement described by Subsection (a).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter G. Repair of Motor Vehicles › Section 1952.304. Provision of Information Regarding Repairs

Sec. 1952.304.  PROVISION OF INFORMATION REGARDING REPAIRS.  An insurer may not prohibit a repair person or facility from providing a beneficiary or third-party claimant with information that states:
(1)  the description, manufacturer, or source of the parts used; and
(2)  the amounts charged to the insurer for the parts and related labor.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter G. Repair of Motor Vehicles › Section 1952.305. Notice of Rights Regarding Repair of Motor Vehicle

Sec. 1952.305.  NOTICE OF RIGHTS REGARDING REPAIR OF MOTOR VEHICLE.  (a)  At the time a motor vehicle is presented to an insurer, an insurance adjuster, or other person in connection with a claim for damage repair, the insurer, insurance adjuster, or other person shall provide to the beneficiary or third-party claimant notice of the provisions of this subchapter.
(b)  The commissioner shall adopt a rule establishing the method or methods insurers must use to comply with the notice provisions of this section.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter G. Repair of Motor Vehicles › Section 1952.306. Complaints

Sec. 1952.306.  COMPLAINTS.  A beneficiary, third-party claimant, or repair person or facility may submit a written, documented complaint to the department with respect to an alleged violation of this subchapter.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter G. Repair of Motor Vehicles › Section 1952.307. Rules

Sec. 1952.307.  RULES.  Rules adopted by the commissioner to implement this subchapter must include requirements that:
(1)  any limitation described by Section 1952.301(a) be clearly and prominently displayed on the face of the insurance policy or certificate in lieu of an insurance policy; and
(2)  the insured give written consent to a limitation described by Section 1952.301(a) after the insured is notified orally and in writing of the limitation at the time the insurance policy is purchased.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter H. Named Driver Policies › Section 1952.351. Definitions

Sec. 1952.351.  DEFINITIONS.  In this subchapter:
(1)  "Household" means a unit composed of individuals living together in the same dwelling, without regard to whether they are related to each other.  The term includes a unit composed of individuals living together in:
(A)  a home or mobile home;
(B)  a duplex unit, apartment unit, or condominium unit; or
(C)  any dwelling unit in a multiunit residential structure.
(2)  "Named driver exclusion" means a provision or endorsement of an automobile insurance policy that excludes specified drivers from coverage under the policy.
(3)  "Named driver policy" means an automobile insurance policy that provides any type of coverage for individuals named on the policy but that does not provide coverage for every individual who has permission to use a covered vehicle and who resides in a named insured's household.
(4)  "Operator's policy" means an automobile insurance policy that, in accordance with Section 601.077, Transportation Code, provides coverage for the named insured when operating an automobile the insured does not own.
Added by Acts 2019, 86th Leg., R.S., Ch. 455 (H.B. 259), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter H. Named Driver Policies › Section 1952.352. Applicability

Sec. 1952.352.  APPLICABILITY.  This subchapter applies to an insurer writing automobile insurance in this state, including an insurance company, corporation, reciprocal or interinsurance exchange, mutual insurance company, capital stock company, association, county mutual insurance company, Lloyd's plan, and any other insurer.
Added by Acts 2019, 86th Leg., R.S., Ch. 455 (H.B. 259), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1952 - Policy Provisions and Forms for Automobile Insurance › Subchapter H. Named Driver Policies › Section 1952.353. Named Driver Policies Prohibited; Certain Named Driver Exclusions Authorized

Sec. 1952.353.  NAMED DRIVER POLICIES PROHIBITED; CERTAIN NAMED DRIVER EXCLUSIONS AUTHORIZED.  (a)  An insurer may not deliver, issue for delivery, or renew a named driver policy unless the named driver policy is an operator's policy.
(b)  An insurer may use a named driver exclusion only if the exclusion specifically names each excluded driver and does not exclude a class of drivers and the named insured accepts the exclusion in writing.
Added by Acts 2019, 86th Leg., R.S., Ch. 455 (H.B. 259), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1953 - Rate Regulation and Ratemaking for Automobile Insurance › Subchapter A. Rate Regulation › Section 1953.001. Exclusion of Certain Types or Classes of Insurance From Certain Regulations

Sec. 1953.001.  EXCLUSION OF CERTAIN TYPES OR CLASSES OF INSURANCE FROM CERTAIN REGULATIONS.  (a)  This section applies only to insurance against liability for damages arising out of the ownership, operation, maintenance, or use of a motor vehicle described by Article 5.01 or against loss of or damage to a motor vehicle described by Article 5.01 that, in the judgment of the commissioner, is a type or class of insurance that is also the subject of or is more properly regulated under other insurance rating laws that cover that type or class of insurance.
(b)  A type or class of insurance to which this section applies is excluded from regulation under this chapter and:
(1)  Articles 5.01, 5.01B, 5.03, 5.04, 5.04-1, 5.06, 5.10, and 5.11;
(2)  Chapters 251 and 254;
(3)  Subchapters A and B, Chapter 1806; and
(4)  Chapters 1951 and 1952.
(c)  If the commissioner finds that a type or class of insurance to which this section applies is also the subject of or is more properly regulated under other insurance rating laws that cover that type or class of insurance, the commissioner shall issue an order declaring which other insurance rating laws apply to:
(1)  the type or class of insurance; and
(2)  any motor vehicle equipment described by Article 5.01.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1H.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1953 - Rate Regulation and Ratemaking for Automobile Insurance › Subchapter B. Ratemaking › Section 1953.051. Certain Rating Plans Prohibited

Sec. 1953.051.  CERTAIN RATING PLANS PROHIBITED.  (a)  A rating plan regarding the writing of automobile insurance, other than insurance written under Chapter 2151, may not:
(1)  assign a rate consequence to a charge or conviction for a violation of Subtitle C, Title 7, Transportation Code; or
(2)  otherwise cause premiums for automobile insurance to be increased because of a charge or conviction described by Subdivision (1).
(b)  A rating plan regarding the writing of personal automobile insurance may not:
(1)  assign a rate consequence solely to:
(A)  a consumer inquiry, as defined by Section 544.551, made by an applicant or insured; or
(B)  a claim filed by an insured under a personal automobile insurance policy that is not paid or payable under the policy; or
(2)  otherwise cause premiums for personal automobile insurance to be increased solely because of an inquiry or claim described by Subdivision (1).
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1H.001, eff. April 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1137 (S.B. 189), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1953 - Rate Regulation and Ratemaking for Automobile Insurance › Subchapter B. Ratemaking › Section 1953.052. Premium Surcharge Required

Sec. 1953.052.  PREMIUM SURCHARGE REQUIRED.  (a)  An insurer described by Section 1952.001 shall assess a premium surcharge in an amount as stated in the insurer's rating plan against an insured for no more than three years immediately following the date the insured is convicted of:
(1)  an offense relating to the operating of a motor vehicle while intoxicated in violation of Section 49.04 or 49.07, Penal Code; or
(2)  an offense under Section 49.08, Penal Code.
(b)  An insurer may apply the premium surcharge described by Subsection (a) only to a private passenger automobile policy, as defined by the department.
(c)  If an insured assessed a premium surcharge under Subsection (a) is convicted of an offense under one of the statutes listed in Subsection (a)(1) or (2) during the period the insured is assessed the premium surcharge, the period for which the premium surcharge is assessed is increased by three additional consecutive years for each conviction.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1H.001, eff. April 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 216 (S.B. 1490), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1953 - Rate Regulation and Ratemaking for Automobile Insurance › Subchapter C. Loss and Expense Experience › Section 1953.101. Recording and Reporting of Loss and Expense Experience and Other Data

Sec. 1953.101.  RECORDING AND REPORTING OF LOSS AND EXPENSE EXPERIENCE AND OTHER DATA.  (a)  The commissioner shall adopt reasonable rules and statistical plans for the recording and reporting of loss experience and other required data by insurers.  The rules and plans must ensure that each insurer's total loss and expense experience is made available at least as frequently as annually in the form and with the detail necessary to aid in determining whether rates and rating systems in use under the following provisions comply with the standards adopted under those provisions:
(1)  this chapter;
(2)  Articles 5.01, 5.03, and 5.04, if applicable;
(3)  Subchapters A and B, Chapter 1806; and
(4)  Chapters 1951 and 1952.
(b)  In adopting the rules, the commissioner shall adopt rules that are as uniform as is practicable to the rules and forms of statistical plans used in other states.
(c)  Each insurer shall use the statistical plans adopted under this section to record and report loss experience and other required data in accordance with the rules adopted by the commissioner.
(d)  The commissioner may modify statistical plans adopted under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1H.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1953 - Rate Regulation and Ratemaking for Automobile Insurance › Subchapter C. Loss and Expense Experience › Section 1953.102. Rules Allowing Interchange of Loss Experience Information

Sec. 1953.102.  RULES ALLOWING INTERCHANGE OF LOSS EXPERIENCE INFORMATION.  The commissioner may adopt reasonable rules to allow the interchange of loss experience information as necessary for the application of rating plans.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1H.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1953 - Rate Regulation and Ratemaking for Automobile Insurance › Subchapter C. Loss and Expense Experience › Section 1953.103. Exchange of Information and Experience Data With Other States

Sec. 1953.103.  EXCHANGE OF INFORMATION AND EXPERIENCE DATA WITH OTHER STATES.  To further the uniform administration of rating laws, the department or an insurer may:
(1)  exchange information and experience data with insurance supervisory officials, insurers, and rating organizations in other states; and
(2)  consult and cooperate with the individuals or entities described by Subdivision (1) with respect to ratemaking and the application of rating systems.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1H.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1953 - Rate Regulation and Ratemaking for Automobile Insurance › Subchapter C. Loss and Expense Experience › Section 1953.104. Sworn Statements

Sec. 1953.104.  SWORN STATEMENTS.  (a)  The department may require a sworn statement from an insurer affected by this subchapter that shows:
(1)  the insurer's experience on any classification or classifications of risks; and
(2)  other information that is necessary or helpful in performing duties or exercising authority imposed by law.
(b)  The department shall prescribe the necessary forms for statements and reports required under Subsection (a) with due regard for the rules, methods, and forms in use in other states for similar purposes so that uniformity of statistics is not disturbed.
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1H.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1954 - Insurance for Transportation Network Company Drivers › Subchapter A. General Provisions › Section 1954.001. Definitions

Sec. 1954.001.  DEFINITIONS.  In this chapter:
(1)  "Digital network" means any online-enabled application, software, website, or system offered or used by a transportation network company that enables a prearranged ride with a transportation network company driver.
(2)  "Personal vehicle" means a vehicle that is used by a transportation network company driver and is:
(A)  owned, leased, or otherwise authorized for use by the driver; and
(B)  not a taxicab, limousine, or similar for-hire vehicle.
(3)  "Prearranged ride" means transportation provided by a transportation network company driver to a transportation network company rider, beginning at the time a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company and ending at the time the last requesting rider departs from the driver's personal vehicle. The term does not include:
(A)  a shared expense carpool or vanpool arrangement or service; or
(B)  transportation provided using a taxicab, limousine, or similar for-hire vehicle.
(4)  "Transportation network company" means a corporation, partnership, sole proprietorship, or other entity operating in this state that uses a digital network to connect a transportation network company rider to a transportation network company driver for a prearranged ride.
(5)  "Transportation network company driver" means an individual who:
(A)  receives connections to potential transportation network company riders and related services from a transportation network company in exchange for payment of a fee to the company; and
(B)  uses a personal vehicle to offer or provide a prearranged ride to a transportation network company rider on connection with the rider through a digital network controlled by the company in exchange for compensation or payment of a fee.
(6)  "Transportation network company rider" means an individual who uses a transportation network company's digital network to connect with a transportation network company driver who provides a prearranged ride to the individual in the driver's personal vehicle between points chosen by the individual.
Added by Acts 2015, 84th Leg., R.S., Ch. 742 (H.B. 1733), Sec. 1, eff. January 1, 2016.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 855 (H.B. 2501), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1954 - Insurance for Transportation Network Company Drivers › Subchapter A. General Provisions › Section 1954.002. Applicability of Chapter

Sec. 1954.002.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies to automobile insurance policies in this state, including policies issued by a Lloyd's plan, a reciprocal or interinsurance exchange, and a county mutual insurance company.
(b)  This chapter does not apply to an entity arranging nonemergency medical transportation services under a contract with the state or a managed care organization for individuals qualifying for Medicaid or Medicare unless the entity:
(1)  provides the transportation services through a digital network that connects transportation network company drivers to transportation network company riders for prearranged rides;
(2)  contracts individually with each transportation network company driver who is connected to transportation network company riders for the prearranged rides through the entity's digital network; and
(3)  otherwise meets all requirements under the Medicaid or Medicare program for delivery of nonemergency medical transportation services.
Added by Acts 2015, 84th Leg., R.S., Ch. 742 (H.B. 1733), Sec. 1, eff. January 1, 2016.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 855 (H.B. 2501), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1954 - Insurance for Transportation Network Company Drivers › Subchapter B. Insurance Requirements › Section 1954.051. General Insurance Requirement

Sec. 1954.051.  GENERAL INSURANCE REQUIREMENT.  (a)  A transportation network company driver or transportation network company on the driver's behalf shall maintain primary automobile insurance as required by this subchapter.
(b)  Insurance maintained under this subchapter must allow a transportation network company driver to use a personal vehicle to transport transportation network company riders for compensation and cover the driver while:
(1)  the driver is logged on to the transportation network company's digital network as provided by Section 1954.052; or
(2)  the driver is engaged in a prearranged ride as provided by Section 1954.053.
(c)  Insurance maintained under this subchapter must comply with the law applicable to personal automobile insurance in this state, including this subtitle and Chapter 601, Transportation Code.
(d)  The coverage requirements of this subchapter may be satisfied by:
(1)  automobile insurance maintained by the transportation network company driver;
(2)  automobile insurance maintained by the transportation network company; or
(3)  a combination of Subdivisions (1) and (2).
(e)  Insurance required under this subchapter may be placed with an automobile insurer authorized to engage in business in this state or with an eligible surplus lines insurer.
Added by Acts 2015, 84th Leg., R.S., Ch. 742 (H.B. 1733), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1954 - Insurance for Transportation Network Company Drivers › Subchapter B. Insurance Requirements › Section 1954.052. Insurance Requirements: Between Prearranged Rides

Sec. 1954.052.  INSURANCE REQUIREMENTS: BETWEEN PREARRANGED RIDES.  At the time a transportation network company driver is logged on to the transportation network company's digital network and is available to receive transportation network requests but is not engaged in a prearranged ride, the automobile insurance policy must provide:
(1)  the following minimum amounts of liability insurance coverage:
(A)  $50,000 for bodily injury to or death for each person in an incident;
(B)  $100,000 for bodily injury to or death of a person per incident; and
(C)  $25,000 for damage to or destruction of property of others in an incident;
(2)  uninsured or underinsured motorist coverage where required by Section 1952.101; and
(3)  personal injury protection coverage where required by Section 1952.152.
Added by Acts 2015, 84th Leg., R.S., Ch. 742 (H.B. 1733), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1954 - Insurance for Transportation Network Company Drivers › Subchapter B. Insurance Requirements › Section 1954.053. Insurance Requirements: During Prearranged Rides

Sec. 1954.053.  INSURANCE REQUIREMENTS: DURING PREARRANGED RIDES.  At the time a transportation network company driver is engaged in a prearranged ride, the automobile insurance policy must provide, at a minimum:
(1)  coverage with a total aggregate limit of liability of $1 million for death, bodily injury, and property damage for each incident;
(2)  uninsured or underinsured motorist coverage where required by Section 1952.101; and
(3)  personal injury protection coverage where required by Section 1952.152.
Added by Acts 2015, 84th Leg., R.S., Ch. 742 (H.B. 1733), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1954 - Insurance for Transportation Network Company Drivers › Subchapter B. Insurance Requirements › Section 1954.054. Lapse of or Insufficient Coverage

Sec. 1954.054.  LAPSE OF OR INSUFFICIENT COVERAGE.  If an insurance policy maintained by a transportation network company driver under this subchapter has lapsed or does not provide the coverage required by this subchapter, the transportation network company shall provide the coverage required by this subchapter beginning with the first dollar of a claim against the driver.
Added by Acts 2015, 84th Leg., R.S., Ch. 742 (H.B. 1733), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1954 - Insurance for Transportation Network Company Drivers › Subchapter B. Insurance Requirements › Section 1954.055. Relation to Personal Automobile Insurance

Sec. 1954.055.  RELATION TO PERSONAL AUTOMOBILE INSURANCE.  Coverage under an automobile insurance policy maintained by the transportation network company is not contingent on a transportation network company driver's personal automobile insurer initially denying a claim.
Added by Acts 2015, 84th Leg., R.S., Ch. 742 (H.B. 1733), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1954 - Insurance for Transportation Network Company Drivers › Subchapter B. Insurance Requirements › Section 1954.056. Financial Responsibility

Sec. 1954.056.  FINANCIAL RESPONSIBILITY.  (a)  Insurance satisfying the requirements of this subchapter satisfies the financial responsibility requirement for an automobile under Chapter 601, Transportation Code.
(b)  A transportation network company driver shall carry proof of insurance that satisfies Sections 1954.052 and 1954.053 with the driver when the driver uses a vehicle in connection with a transportation network company's digital network.  In the event of a collision, a driver shall provide the proof of insurance to a directly interested person, automobile insurer, and investigating peace officer on request under Section 601.053, Transportation Code.  On request, a driver shall also disclose to a directly interested person, automobile insurer, and investigating peace officer whether, at the time of the collision, the driver was:
(1)  logged on to the company's digital network; or
(2)  engaged in a prearranged ride.
Added by Acts 2015, 84th Leg., R.S., Ch. 742 (H.B. 1733), Sec. 1, eff. January 1, 2016.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 136, eff. September 1, 2023.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1954 - Insurance for Transportation Network Company Drivers › Subchapter C. Relationship Between Transportation Network Company and Transportation Network Company Driver › Section 1954.101. Required Disclosures

Sec. 1954.101.  REQUIRED DISCLOSURES.  Before a transportation network company driver may accept a request for a prearranged ride on a transportation network company's digital network, the company shall disclose in writing the following:
(1)  the insurance policy, including the types of coverage and the limits for the policy, that the company provides while a driver uses a personal vehicle in connection with the company's digital network; and
(2)  that the driver's personal automobile insurance policy may not provide coverage, depending on the policy's terms, while the driver is logged on to the company's digital network and is available to receive transportation requests or is engaged in a prearranged ride.
Added by Acts 2015, 84th Leg., R.S., Ch. 742 (H.B. 1733), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1954 - Insurance for Transportation Network Company Drivers › Subchapter C. Relationship Between Transportation Network Company and Transportation Network Company Driver › Section 1954.102. Control of Transportation Network Company Drivers

Sec. 1954.102.  CONTROL OF TRANSPORTATION NETWORK COMPANY DRIVERS.  A transportation network company does not control, direct, or manage a personal vehicle or a transportation network company driver who connects to the company's digital network except as agreed by written contract.
Added by Acts 2015, 84th Leg., R.S., Ch. 742 (H.B. 1733), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1954 - Insurance for Transportation Network Company Drivers › Subchapter D. Personal Automobile Insurance › Section 1954.151. Authorized Exclusions From Coverage

Sec. 1954.151.  AUTHORIZED EXCLUSIONS FROM COVERAGE.  (a)  An insurer may exclude from coverage under a personal automobile insurance policy issued to an owner or operator of a personal vehicle any loss or injury that occurs while a transportation network company driver using the personal vehicle:
(1)  is logged on to a transportation network company's digital network; or
(2)  is engaged in a prearranged ride.
(b)  Subsection (a) applies to any coverage included in a personal automobile insurance policy, including:
(1)  liability coverage for bodily injury and property damage;
(2)  personal injury protection coverage under Subchapter D, Chapter 1952;
(3)  uninsured and underinsured motorist coverage;
(4)  medical payment coverage;
(5)  comprehensive physical damage coverage; and
(6)  collision physical damage coverage.
(c)  An exclusion authorized under this section applies notwithstanding a financial responsibility requirement under Chapter 601, Transportation Code.
(d)  This subchapter may not be construed to invalidate or limit an exclusion contained in a policy form, including a policy form in use or approved for use in this state before January 1, 2016, that excludes coverage for automobiles used to carry persons or property for compensation or available for hire by the public.
Added by Acts 2015, 84th Leg., R.S., Ch. 742 (H.B. 1733), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1954 - Insurance for Transportation Network Company Drivers › Subchapter D. Personal Automobile Insurance › Section 1954.152. Coverage Under Personal Automobile Insurance Not Required

Sec. 1954.152.  COVERAGE UNDER PERSONAL AUTOMOBILE INSURANCE NOT REQUIRED.  (a)  This subchapter does not require a personal automobile insurance policy to cover a transportation network company driver while:
(1)  the driver is logged on to a transportation network company's digital network;
(2)  the driver is engaged in a prearranged ride; or
(3)  the driver otherwise uses a vehicle to transport passengers for compensation.
(b)  This section does not prevent an insurer from providing coverage that may be excluded under this section if the insurer elects to provide the coverage in the policy or by endorsement.
Added by Acts 2015, 84th Leg., R.S., Ch. 742 (H.B. 1733), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1954 - Insurance for Transportation Network Company Drivers › Subchapter D. Personal Automobile Insurance › Section 1954.153. Defense or Indemnification of Claim

Sec. 1954.153.  DEFENSE OR INDEMNIFICATION OF CLAIM.  (a)  An automobile insurer that issues a personal automobile insurance policy that includes an exclusion from coverage authorized by Section 1954.151 does not have a duty to defend or indemnify a claim arising from an event subject to the exclusion.
(b)  An automobile insurer that defends or indemnifies a claim against a transportation network company driver for which coverage is excluded under the terms of the policy as authorized by this subchapter has a right of contribution against another insurer that provides automobile insurance to the driver in satisfaction of the coverage requirements under Section 1954.052 or 1954.053, as applicable.
Added by Acts 2015, 84th Leg., R.S., Ch. 742 (H.B. 1733), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1954 - Insurance for Transportation Network Company Drivers › Subchapter D. Personal Automobile Insurance › Section 1954.154. Assistance in Claim Investigation

Sec. 1954.154.  ASSISTANCE IN CLAIM INVESTIGATION.  In an insurance claim investigation, a transportation network company and any insurer providing coverage under Subchapter B shall assist each insurer involved in the claim by providing information to directly interested persons and an insurer of the transportation network company driver.  Information provided under this section must include:
(1)  the precise times that a driver logged on and off of the transportation network company's digital network in the 12-hour period immediately preceding and the 12-hour period immediately following the accident; and
(2)  a clear description of the coverage, exclusions, and limits provided under an automobile insurance policy maintained under Subchapter B.
Added by Acts 2015, 84th Leg., R.S., Ch. 742 (H.B. 1733), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle C - Automobile Insurance › Chapter 1954 - Insurance for Transportation Network Company Drivers › Subchapter D. Personal Automobile Insurance › Section 1954.155. Payment of Certain Claims

Sec. 1954.155.  PAYMENT OF CERTAIN CLAIMS.  If there is a lien on a personal vehicle and the transportation network company's insurer covers a claim arising out of an incident that occurred during a prearranged ride, the insurer shall issue payment for the claim:
(1)  directly to the person who is repairing the vehicle; or
(2)  jointly to the owner of the personal vehicle and the primary lienholder.
Added by Acts 2015, 84th Leg., R.S., Ch. 742 (H.B. 1733), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2001 - General Provisions: Fire Insurance and Allied Lines, Including Residential Property Insurance › Section 2001.001. Applicability of Subtitle

Sec. 2001.001.  APPLICABILITY OF SUBTITLE.  (a)  Each insurance policy or contract insuring property in this state against loss by fire, including a policy or contract or portion of a policy or contract that insures the shore end of a marine risk against loss by fire, must be issued in accordance with:
(1)  this chapter;
(2)  Section 403.002;
(3)  Subchapter C, Chapter 5;
(4)  Subchapter H, Chapter 544;
(5)  Subchapter D, Chapter 1806; and
(6)  Chapters 252, 2002, 2003, 2004, 2005, 2006, and 2171.
(b)  An insurer issuing an insurance policy or contract described by Subsection (a), including a fire insurance company, marine insurance company, fire and marine insurance company, and fire and tornado insurance company, is governed by the laws described by Subsection (a).
(c)  This section applies to an insurer or to an insurance policy or contract regardless of:
(1)  the kind and character of property insured;
(2)  whether the property is:
(A)  fixed or movable;
(B)  stationary or in transit; or
(C)  consigned or billed for shipment inside or outside the boundaries of this state or to a foreign country;
(3)  whether the insurer is organized:
(A)  under the laws of this state, another state, territory, or possession of the United States, or a foreign country; or
(B)  by authority of the federal government; or
(4)  the kind of insurer or the name of the insurer issuing the policy or contract.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2001 - General Provisions: Fire Insurance and Allied Lines, Including Residential Property Insurance › Section 2001.002. Rates

Sec. 2001.002.  RATES.  (a)  Rates for all lines of insurance subject to a law described by Section 2001.001(a) are determined as provided by Chapter 2251 and Article 5.13-2.
(b)  The requirement imposed by Subsection (a) does not affect the requirement for the commissioner to conduct inspections of commercial property and prescribe a manual of rules and rating schedules for commercial property under a law described by Section 2001.001(a).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.