reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle B - Liability Insurance for Physicians and Health Care Providers › Chapter 1903 - Loss Control Information and Services › Subchapter A. Loss Control Services for Professional Liability Insurance for Hospitals › Section 1903.003. Loss Control Services Required

Sec. 1903.003.  LOSS CONTROL SERVICES REQUIRED.  (a)  Before writing professional liability insurance for a hospital in this state, an insurer must maintain or provide loss control facilities that:
(1)  provide loss control services reasonably commensurate with the risks, exposures, and experience of the insured's business;
(2)  are adequate to provide loss control services required by the nature of the policyholder's operations; and
(3)  include surveys, recommendations, training programs, consultations, and analyses of accident causes.
(b)  To provide the facilities required by this section, the insurer may:
(1)  employ qualified personnel;
(2)  retain qualified independent contractors;
(3)  contract with the policyholder to provide qualified loss control personnel and services; or
(4)  use a combination of methods described by this subsection.
(c)  Independent contractors and other personnel described by Subsection (b) must have the qualifications of a field safety representative.  A field safety representative must be an individual who:
(1)  holds a:
(A)  bachelor's degree in science or engineering;
(B)  bachelor of arts degree in nursing;
(C)  bachelor of science degree in nursing, pharmacy, or physical therapy; or
(D)  master's degree in hospital administration;
(2)  is a licensed engineer;
(3)  is a certified safety professional;
(4)  is a certified industrial hygienist;
(5)  has at least 10 years' experience in occupational safety and health; or
(6)  has completed a course of training in loss control services approved by the department.
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 B - Liability Insurance for Physicians and Health Care Providers › Chapter 1903 - Loss Control Information and Services › Subchapter A. Loss Control Services for Professional Liability Insurance for Hospitals › Section 1903.004. Sanctions

Sec. 1903.004.  SANCTIONS.  (a)  If there is evidence that reasonable loss control services are not being maintained or provided by an insurer as required by this subchapter or are not being used by the insurer in a reasonable manner to prevent injury to patients of the insurer's policyholders, the commissioner shall order a hearing to determine whether the insurer is not in compliance with this subchapter.
(b)  If it is determined that the insurer is not in compliance, the commissioner may impose any sanction authorized by Chapter 82.
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 B - Liability Insurance for Physicians and Health Care Providers › Chapter 1903 - Loss Control Information and Services › Subchapter A. Loss Control Services for Professional Liability Insurance for Hospitals › Section 1903.005. Rules

Sec. 1903.005.  RULES.  The commissioner may adopt reasonable rules for the enforcement of this subchapter after holding a public hearing on the proposed rules.
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 B - Liability Insurance for Physicians and Health Care Providers › Chapter 1903 - Loss Control Information and Services › Subchapter B. Loss Control Information for General and Certain Professional Liability Insurance › Section 1903.051. Loss Control Information Required

Sec. 1903.051.  LOSS CONTROL INFORMATION REQUIRED.  (a)  Before writing professional liability insurance, including medical professional liability insurance, for insureds other than hospitals or general liability insurance in this state, an insurer must provide to the insurer's policyholders loss control information reasonably commensurate with the risks, exposures, and experience of the insured's business.
(b)  To provide the information described by Subsection (a) or services, the insurer may:
(1)  employ qualified personnel;
(2)  retain qualified independent contractors;
(3)  contract with the policyholder to provide qualified loss control personnel and services; or
(4)  use a combination of methods described by this subsection.
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 B - Liability Insurance for Physicians and Health Care Providers › Chapter 1903 - Loss Control Information and Services › Subchapter B. Loss Control Information for General and Certain Professional Liability Insurance › Section 1903.052. Sanctions

Sec. 1903.052.  SANCTIONS.  (a)  If there is evidence that reasonable loss control information is not being provided by an insurer as required by this subchapter or is not being used by the insurer in a reasonable manner to reduce losses, the commissioner shall order a hearing to determine whether the insurer is not in compliance with this subchapter.
(b)  If it is determined that the insurer is not in compliance, the commissioner may impose any sanction authorized by Chapter 82.
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 B - Liability Insurance for Physicians and Health Care Providers › Chapter 1903 - Loss Control Information and Services › Subchapter B. Loss Control Information for General and Certain Professional Liability Insurance › Section 1903.053. Rules

Sec. 1903.053.  RULES.  After opportunity for a hearing, the commissioner may adopt reasonable rules for the enforcement 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 B - Liability Insurance for Physicians and Health Care Providers › Chapter 1903 - Loss Control Information and Services › Subchapter C. Civil Proceedings › Section 1903.101. Immunity From Liability

Sec. 1903.101.  IMMUNITY FROM LIABILITY.  (a)  An insurer or an agent or employee of the insurer is not liable, and a cause of action does not arise against the insurer, agent, or employee, for an accident based on an allegation that the accident was caused or could have been prevented by a program, information, inspection, or other activity or service undertaken by the insurer to prevent accidents or to control losses, as applicable, in connection with the operations of the insured.
(b)  The immunity from liability provided by this section does not affect the liability of an insurer as otherwise provided in an insurance policy.
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 B - Liability Insurance for Physicians and Health Care Providers › Chapter 1903 - Loss Control Information and Services › Subchapter C. Civil Proceedings › Section 1903.102. Loss Control Information Not Discoverable or Admissible

Sec. 1903.102.  LOSS CONTROL INFORMATION NOT DISCOVERABLE OR ADMISSIBLE.  Loss control information provided by an insurer to an insured is not discoverable or admissible as evidence in a civil proceeding.
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 1951 - General Provisions: Automobile Insurance › Section 1951.001. Rates for Automobile Insurance

Sec. 1951.001.  RATES FOR AUTOMOBILE INSURANCE.  Rates for personal and commercial automobile insurance in this state are determined as provided by Chapter 2251 and Article 5.13-2.
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 1951 - General Provisions: Automobile Insurance › Section 1951.002. Rules

Sec. 1951.002.  RULES.  The commissioner may adopt and enforce reasonable rules necessary to carry out the provisions of this subtitle.
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 1951 - General Provisions: Automobile Insurance › Section 1951.003. Former Military Vehicles

Sec. 1951.003.  FORMER MILITARY VEHICLES.  (a)  In this section, "former military vehicle" has the meaning assigned by Section 504.502, Transportation Code.
(b)  A rating plan that includes a classification applicable to antique, privately owned passenger vehicles that are maintained primarily for use in exhibitions, club activities, parades, or other functions of public interest and that may be used occasionally for other purposes must include in that classification former military vehicles maintained for those uses.
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 1951 - General Provisions: Automobile Insurance › Section 1951.004. Criminal Penalty

Sec. 1951.004.  CRIMINAL PENALTY.  (a)  An insurer, or an officer or representative of an insurer, commits an offense if the insurer, officer, or representative violates:
(1)  Section 1951.001, 1951.002, 1952.051, 1952.052, 1952.053, 1952.054, or 1952.055;
(2)  Subchapter B, Chapter 1806;
(3)  Subchapter C, Chapter 1953;
(4)  Chapter 254; or
(5)  Article 5.01, 5.03, 5.06, 5.10, or 5.11.
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $500.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2H.002, eff. April 1, 2009.
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 A. General Provisions › Section 1952.001. Applicability of Chapter

Sec. 1952.001.  APPLICABILITY OF CHAPTER.  Except as otherwise provided by this chapter, this chapter applies to an insurer writing automobile insurance in this state, including an insurance company, corporation, reciprocal or interinsurance exchange, mutual insurance company, association, Lloyd's plan, or other insurer.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 282 (H.B. 949), Sec. 1, eff. September 1, 2013.
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 B. Policy Forms and Provisions in General › Section 1952.051. Policy Forms for Automobile Insurance

Sec. 1952.051.  POLICY FORMS FOR AUTOMOBILE INSURANCE.  Notwithstanding Subsections (1)-(4) and (7), Article 5.06, policy forms and endorsements for automobile insurance in this state are regulated under Chapter 2301 and Article 5.13-2.
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 B. Policy Forms and Provisions in General › Section 1952.0515. Required Coverage

Sec. 1952.0515.  REQUIRED COVERAGE.  An agent or insurer, including a county mutual insurance company, may not deliver or issue for delivery in this state a personal automobile insurance policy unless the policy provides at least the minimum coverage specified by Subchapter D, Chapter 601, Transportation Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 803 (S.B. 1567), Sec. 1, eff. September 1, 2013.
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 B. Policy Forms and Provisions in General › Section 1952.052. Use of Previously Approved or Adopted Policy Forms Authorized

Sec. 1952.052.  USE OF PREVIOUSLY APPROVED OR ADOPTED POLICY FORMS AUTHORIZED.  An insurer may continue to use a policy form or endorsement approved or adopted by the commissioner under Article 5.06 before June 11, 2003, on notification in writing to the commissioner that the insurer will continue to use the policy form or endorsement.
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 B. Policy Forms and Provisions in General › Section 1952.053. Withdrawal of Approval

Sec. 1952.053.  WITHDRAWAL OF APPROVAL.  The commissioner may, after notice and hearing, withdraw the commissioner's approval of a policy or endorsement form that was approved by the commissioner under Article 5.06.
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 B. Policy Forms and Provisions in General › Section 1952.054. Required Disclosures Regarding Short-Term Policies

Sec. 1952.054.  REQUIRED DISCLOSURES REGARDING SHORT-TERM POLICIES.  (a)  An insurance policy or other document evidencing proof of purchase of a personal automobile insurance policy written for a term of less than 30 days may not be used to obtain an original or renewal driver's license, an automobile registration or license plates, or a motor vehicle inspection certificate. An insurance policy or other document described by this subsection must contain the following statement:
TEXAS LAW PROHIBITS USE OF THIS DOCUMENT TO OBTAIN A MOTOR VEHICLE INSPECTION CERTIFICATE, AN ORIGINAL OR RENEWAL DRIVER'S LICENSE, OR AN AUTOMOBILE REGISTRATION OR LICENSE PLATES.
(b)  Before accepting any premium or fee for a personal automobile insurance policy or binder for a term of less than 30 days, an agent or insurer must make the following written disclosure to the applicant or insured:
TEXAS LAW PROHIBITS USE OF THIS POLICY OR BINDER TO OBTAIN A MOTOR VEHICLE INSPECTION CERTIFICATE, AN ORIGINAL OR RENEWAL DRIVER'S LICENSE, OR AN AUTOMOBILE REGISTRATION OR LICENSE PLATES.
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 B. Policy Forms and Provisions in General › Section 1952.055. Certificate of Insurance as Substitute for Insurance Policy

Sec. 1952.055.  CERTIFICATE OF INSURANCE AS SUBSTITUTE FOR INSURANCE POLICY.  (a)  An insurer that complies with applicable requirements may issue and deliver a certificate of insurance as a substitute for issuing and delivering an insurance policy adopted or approved by the commissioner.  The certificate must:
(1)  be in the form prescribed by the commissioner;  and
(2)  refer to and identify the policy form for which the certificate is substituted.
(b)  A certificate under this section represents the insurance policy and, when issued, is evidence that the certificate holder is insured under the identified policy form.  The certificate is subject to the same limitations, conditions, coverages, selection of options, and other provisions provided in the policy, and the certificate must show and adequately reference that policy information.  The certificate or subsequent attachments to the certificate must refer to all endorsements to the policy.
(c)  A certificate under this section must be executed in the same manner as though an insurance policy were issued.  If an insurer substitutes a certificate for a policy, the insurer shall simultaneously provide the insured receiving the certificate with an outline of coverages in the form and content approved by the commissioner.  At the insured's request, the insurer shall provide the insured with a copy of the policy.
(d)  The commissioner may adopt rules necessary to implement this section, including a rule limiting the application of this section to private passenger automobile insurance policies.
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 B. Policy Forms and Provisions in General › Section 1952.056. Required Provision: Coverage for Certain Spouses

Sec. 1952.056.  REQUIRED PROVISION: COVERAGE FOR CERTAIN SPOUSES.  A personal automobile insurance policy or any similar policy form adopted or approved by the commissioner under Article 5.06 or filed under Subchapter B, Chapter 2301, that covers liability arising out of ownership, maintenance, or use of a motor vehicle of a spouse who is otherwise insured by the policy must contain a provision to continue coverage for the spouse during a period of separation in contemplation of divorce.
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 B. Policy Forms and Provisions in General › Section 1952.057. Prohibited Provision: Payment on Conviction for Drug Offense

Sec. 1952.057.  PROHIBITED PROVISION: PAYMENT ON CONVICTION FOR DRUG OFFENSE.  (a)  An insurer may not deliver or issue for delivery in this state an automobile insurance policy that provides payment on final conviction of the named insured for loss for a covered motor vehicle seized by federal or state law enforcement officers as evidence in a case against the named insured under Chapter 481, Health and Safety Code, or under the federal Controlled Substances Act (21 U.S.C. Section 801 et seq.).
(b)  For purposes of this section, a named insured for:
(1)  an individual automobile insurance policy is the person named on the declaration page of the policy and the person's spouse; and
(2)  an automobile insurance policy  other than an individual policy is the company or corporation named on the declaration page of the policy and any officer, director, or shareholder of that company or corporation.
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 B. Policy Forms and Provisions in General › Section 1952.058. Loss Control Information and Services Required

Sec. 1952.058.  LOSS CONTROL INFORMATION AND SERVICES REQUIRED.  (a)  An insurer must provide loss control information as a prerequisite to writing commercial automobile liability insurance in this state.
(b)  The insurer shall provide to the insurer's policyholders loss control information reasonably commensurate with the risks, exposures, and experience of the insured's business.  To provide loss control information or services, the insurer may:
(1)  employ qualified personnel;
(2)  retain qualified independent contractors;
(3)  contract with the policyholder to provide qualified loss control personnel and services; or
(4)  use a combination of methods described by this subsection.
(c)  If there is evidence that an insurer is not providing reasonable loss control information or is not using that information in a reasonable manner to reduce losses, the commissioner shall order a hearing to determine whether the insurer is in compliance with this section. If the commissioner determines that the insurer is not in compliance, the commissioner may impose any sanction authorized by Chapter 82.
(d)  An insurer or an agent or employee of the insurer is not liable, and a cause of action does not arise against the insurer, agent, or employee, for any accident based on the allegation that the accident was caused or could have been prevented by a program, information, inspection, or other activity or service undertaken by the insurer for the prevention of accidents in connection with operations of the insured.  The immunity provided by this subsection does not affect the liability of an insurer for compensation or as otherwise provided in an insurance policy.
(e)  Loss control information an insurer provides to an insured under this section is not subject to discovery and is not admissible as evidence in any civil proceeding.
(f)  The commissioner, after holding a public hearing on the proposed rules, may adopt reasonable rules for the enforcement 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 B. Policy Forms and Provisions in General › Section 1952.059. Required Provision: Coverage for Certain Vehicles Acquired During Policy Term

Sec. 1952.059.  REQUIRED PROVISION:  COVERAGE FOR CERTAIN VEHICLES ACQUIRED DURING POLICY TERM.  (a)  This section 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.
(b)  A personal automobile insurance policy must contain a provision defining a covered vehicle in accordance with this section for a motor vehicle acquired by the insured during the policy term.
(c)  Coverage under this section is required only for a vehicle that is:
(1)  a private passenger automobile; or
(2)  a pickup, utility vehicle, or van with a gross vehicle weight of 25,000 pounds or less that is not used for the delivery or transportation of goods, materials, or supplies, other than samples, unless:
(A)  the delivery of the goods, materials, or supplies is not the primary use for which the vehicle is employed; or
(B)  the vehicle is used for farming or ranching.
(d)  Coverage under this section is required only for a vehicle that is acquired during the policy term and of which the insurer is notified on or before:
(1)  the 20th day after the date on which the insured becomes the owner of the vehicle; or
(2)  a later date specified by the policy.
(e)  Coverage under this section for a vehicle that replaces a covered vehicle shown in the declarations for the policy must be the same as the coverage for the vehicle being replaced.  An insured must notify the insurer of a replacement vehicle during the time prescribed by Subsection (d) only if the insured wishes to:
(1)  add coverage for damage to the vehicle; or
(2)  continue existing coverage for damage to the vehicle after the period prescribed by Subsection (d) expires.
(f)  Coverage under this section for a vehicle that is acquired during the policy term in addition to the covered vehicles shown in the declarations for the policy and of which the insurer is notified as prescribed by Subsection (d) must be the broadest coverage provided under the policy for any covered vehicle shown in the declarations.
Added by Acts 2013, 83rd Leg., R.S., Ch. 282 (H.B. 949), Sec. 2, eff. September 1, 2013.
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 B. Policy Forms and Provisions in General › Section 1952.060. Required Provision: Liability Coverage for Temporary Vehicles During Policy Term; Primary Coverage Required

Sec. 1952.060.  REQUIRED PROVISION: LIABILITY COVERAGE FOR TEMPORARY VEHICLES DURING POLICY TERM; PRIMARY COVERAGE REQUIRED.  (a)  In this section:
(1)  "Repair facility" means a person who rebuilds, repairs, or services a motor vehicle for consideration or under a warranty, service, or maintenance contract.
(2)  "Resident relative" means an individual who:
(A)  resides in the same household as the insured; and
(B)  is related to the insured within the third degree of consanguinity or affinity as described by Chapter 573, Government Code.
(3)  "Temporary vehicle" includes a vehicle that is loaned or provided to an insured by an automobile repair facility for the insured's use while the insured's vehicle is at the facility for service, repair, maintenance, or damage or to obtain an estimate and is:
(A)  in the lawful possession of the insured or resident relative of the insured;
(B)  not owned by the insured, any resident relative of the insured, or any other person residing in the insured's household; and
(C)  operated by or in the possession of the insured or resident relative of the insured until the vehicle is returned to the repair facility.
(b)  A personal automobile insurance policy, including a policy issued by a county mutual insurance company, must define temporary vehicle as defined by this section and include in the policy's primary liability coverage primary liability coverage for a temporary vehicle as a covered vehicle during the policy term.
(c)  Coverage under this section is required only for a vehicle that is:
(1)  a private passenger automobile; or
(2)  a pickup, utility vehicle, or van with a gross vehicle weight of 14,000 pounds or less that is not used for the delivery or transportation of goods, materials, or supplies, other than samples, unless:
(A)  the delivery of the goods, materials, or supplies is not the primary use for which the vehicle is employed; or
(B)  the vehicle is used for farming or ranching.
(d)  The coverage required by this section provides primary coverage for the insured's legal liability for bodily injury and property damage and for damage to the temporary vehicle, not excess coverage. The coverage must insure:
(1)  the person named in the personal automobile insurance policy; and
(2)  any resident relative of the insured and licensed operator residing in the household except for a person specifically named in a named driver exclusion under Section 1952.353(b).
(e)  The policy limits of a personal automobile insurance policy must be available for the coverage required by this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 1367 (H.B. 3420), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 24 (H.B. 1787), Sec. 1, eff. September 1, 2021.
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 C. Uninsured or Underinsured Motorist Coverage › Section 1952.101. Uninsured or Underinsured Motorist Coverage Required

Sec. 1952.101.  UNINSURED OR UNDERINSURED MOTORIST COVERAGE REQUIRED.  (a)  In this section, "uninsured or underinsured motorist coverage" means the provisions of an automobile liability insurance policy that provide for coverage in at least the limits prescribed by Chapter 601, Transportation Code, that protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles damages for bodily injury, sickness, disease, or death, or property damage resulting from the ownership, maintenance, or use of any motor vehicle.
(b)  An insurer may not deliver or issue for delivery in this state an automobile liability insurance policy, including a policy provided through the Texas Automobile Insurance Plan Association under Chapter 2151, that covers liability arising out of the ownership, maintenance, or use of any motor vehicle unless the insurer provides uninsured or underinsured motorist coverage in the policy or supplemental to the policy.
(c)  The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing. Unless the named insured requests in writing the coverage required by this subchapter, the insurer is not required to provide that coverage in or supplemental to a reinstated insurance policy or renewal insurance policy if the named insured rejected the coverage in connection with that insurance policy or an insurance policy previously issued to the insured by the same insurer or by an affiliated insurer.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.037(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.037(a), eff. September 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 C. Uninsured or Underinsured Motorist Coverage › Section 1952.102. Uninsured Motor Vehicle

Sec. 1952.102.  UNINSURED MOTOR VEHICLE.  (a)  For purposes of the coverage required by this subchapter, "uninsured motor vehicle," subject to the terms of the coverage, is considered to include an insured motor vehicle as to which the insurer providing liability insurance is unable because of insolvency to make payment with respect to the legal liability of the insured within the limits specified in the insurance.
(b)  The commissioner may, in the policy forms filed under Subchapter B, Chapter 2301, allow "uninsured motor vehicle" to be defined or, in policy forms adopted under Article 5.06, define "uninsured motor vehicle," to exclude certain motor vehicles whose operators are in fact uninsured.
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 C. Uninsured or Underinsured Motorist Coverage › Section 1952.103. Underinsured Motor Vehicle

Sec. 1952.103.  UNDERINSURED MOTOR VEHICLE.  For purposes of the coverage required by this subchapter, "underinsured motor vehicle" means an insured motor vehicle on which there is collectible liability insurance coverage with limits of liability for the owner or operator that were originally lower than, or have been reduced by payment of claims arising from the same accident to, an amount less than the limit of liability stated in the underinsured coverage of the insured's policy.
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 C. Uninsured or Underinsured Motorist Coverage › Section 1952.104. Required Provisions Relating to Uninsured or Underinsured Motorist Coverage

Sec. 1952.104.  REQUIRED PROVISIONS RELATING TO UNINSURED OR UNDERINSURED MOTORIST COVERAGE.  The portion of a policy form adopted under Article 5.06 or filed as provided by Subchapter B, Chapter 2301, to provide coverage under this subchapter must:
(1)  provide that, regardless of the number of persons insured, policies or bonds applicable, vehicles involved, or claims made, the total aggregate limit of liability to any one person who sustains bodily injury or property damage as the result of a single occurrence may not exceed the limit of liability for those coverages as stated in the insurance policy and that the total aggregate limit of liability to all claimants, if more than one, may not exceed the total limit of liability per occurrence as stated in the policy;
(2)  provide for the exclusion of the recovery of damages for bodily injury or property damage, or both, resulting from the intentional acts of the insured; and
(3)  require that, for the insured to recover under the uninsured motorist coverage if the owner or operator of any motor vehicle that causes bodily injury or property damage to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by the unknown person and the person or property of the insured.
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 C. Uninsured or Underinsured Motorist Coverage › Section 1952.105. Liability Limits

Sec. 1952.105.  LIABILITY LIMITS.  (a)  The limits of liability for bodily injury, sickness, disease, or death must be offered to an insured in the amounts desired by the insured, but not in amounts greater than the limits of liability specified in the bodily injury liability provisions of the insured's policy.
(b)  Subject to a deductible amount of $250, coverage for property damage must be offered to an insured in the amounts desired by the insured, but not in amounts greater than the limits of liability specified in the property damage liability provisions of the insured's policy.
(c)  Notwithstanding Subsections (a) and (b), amounts of liability limits for bodily injury, sickness, disease, or death and amounts for coverage for property damage may not be offered in amounts less than those prescribed by Chapter 601, Transportation Code.
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 C. Uninsured or Underinsured Motorist Coverage › Section 1952.106. Recovery Under Underinsured Motorist Coverage

Sec. 1952.106.  RECOVERY UNDER UNDERINSURED MOTORIST COVERAGE.  Underinsured motorist coverage must provide for payment to the insured of all amounts that the insured is legally entitled to recover as damages from owners or operators of underinsured motor vehicles because of bodily injury or property damage, not to exceed the limit specified in the insurance policy, and reduced by the amount recovered or recoverable from the insurer of the underinsured motor vehicle.
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 C. Uninsured or Underinsured Motorist Coverage › Section 1952.107. Recovery Under Collision or Combined Coverage

Sec. 1952.107.  RECOVERY UNDER COLLISION OR COMBINED COVERAGE.  (a)  An insured who has collision coverage and uninsured or underinsured property damage liability coverage may recover under the coverage the insured chooses.
(b)  If neither the collision coverage or the uninsured or underinsured property damage liability coverage is sufficient alone to cover all damage resulting from a single occurrence, the insured may recover under both coverages.  If recovering under both coverages, the insured shall designate one coverage as the primary coverage and pay the deductible applicable to that coverage.  The primary coverage must be exhausted before any recovery is made under the secondary coverage.
(c)  If both the primary and secondary coverages are used to pay damages from a single occurrence, the insured may not be required to pay the deductible applicable to the secondary coverage when the amount of the deductible otherwise applicable to the secondary coverage is the same as or less than the amount of the deductible applicable to the primary coverage.  If both coverages are used to pay damages from a single occurrence and the amount of the deductible otherwise applicable to the secondary coverage is greater than the amount of the deductible applicable to the primary coverage, the insured shall pay the difference between the amount of the two deductibles with respect to the secondary coverage.
(d)  The insured may not recover under both the primary and secondary coverages more than the actual damages suffered.
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 C. Uninsured or Underinsured Motorist Coverage › Section 1952.108. Insurer's Right of Recovery

Sec. 1952.108.  INSURER'S RIGHT OF RECOVERY.  (a)  An insurer that makes a payment to any person under any coverage required by this subchapter is subject to the terms of that coverage and, to the extent of the payment, is entitled to the proceeds of any settlement or judgment resulting from the exercise of any right of recovery of the person to whom the payment is made against any person or organization legally responsible for the bodily injury, sickness, disease, or death for which the payment is made, including the proceeds recoverable from the assets of an insolvent insurer.
(b)  If, under an insurance policy issued under this subchapter, an insurer makes a payment as a result of the insolvency of another insurer:
(1)  the insolvent insurer's insured shall be given credit to the extent of the paying insurer's payment in any judgment obtained against the insured with respect to the insured's legal liability for damages described by Subsection (a); and
(2)  subject to Subchapter F, Chapter 462, the paying insurer has the right to proceed directly against the insolvent insurer or that insurer's receiver, and in pursuing that right the paying insurer has any rights that the insolvent insurer's insured might otherwise have had if the insured had made the payment.
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 C. Uninsured or Underinsured Motorist Coverage › Section 1952.109. Burden of Proof in Dispute

Sec. 1952.109.  BURDEN OF PROOF IN DISPUTE.  The insurer has the burden of proof in a dispute as to whether a motor vehicle is uninsured.
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 C. Uninsured or Underinsured Motorist Coverage › Section 1952.110. Venue

Sec. 1952.110.  VENUE.  Notwithstanding Section 15.032, Civil Practice and Remedies Code, an action against an insurer in relation to the coverage provided under this subchapter, including an action to enforce that coverage, may be brought only in the county in which:
(1)  the policyholder or beneficiary instituting the action resided at the time of the accident involving the uninsured or underinsured motor vehicle; or
(2)  the accident occurred.
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 1952.151. Personal Injury Protection

Sec. 1952.151.  PERSONAL INJURY PROTECTION.  "Personal injury protection" consists of provisions of an automobile liability insurance policy that provide for payment to the named insured in the policy, members of the insured's household, and any authorized operator or passenger of the named insured's motor vehicle, including a guest occupant, of all reasonable expenses that:
(1)  arise from an accident;
(2)  are incurred not later than the third anniversary of the date of the accident; and
(3)  are for:
(A)  necessary medical, surgical, x-ray, or dental services, including prosthetic devices, and necessary ambulance, hospital, professional nursing, or funeral services;
(B)  in the case of an income producer, replacement of income lost as the result of the accident; or
(C)  in the case of a person injured in the accident who was not an income or wage producer at the time of the accident, reimbursement of necessary and reasonable expenses incurred for essential services ordinarily performed by the injured person for care and maintenance of the family or family household.
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 1952.152. Personal Injury Protection Coverage Required

Sec. 1952.152.  PERSONAL INJURY PROTECTION COVERAGE REQUIRED.  (a)  An insurer may not deliver or issue for delivery in this state an automobile liability insurance policy, including a policy provided through the Texas Automobile Insurance Plan Association under Chapter 2151, that covers liability arising out of the ownership, maintenance, or use of any motor vehicle unless the insurer provides personal injury protection coverage in the policy or supplemental to the policy.
(b)  The coverage required by this subchapter does not apply if any insured named in the insurance policy rejects the coverage in writing.  Unless the named insured requests in writing the coverage required by this subchapter, the insurer is not required to provide that coverage in or supplemental to a reinstated insurance policy or renewal insurance policy if the named insured rejected the coverage in connection with that insurance policy or an insurance policy previously issued to the insured by the same insurer or by an affiliated insurer.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.038(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.038(a), eff. September 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 1952.153. Maximum Required Amount of Personal Injury Protection

Sec. 1952.153.  MAXIMUM REQUIRED AMOUNT OF PERSONAL INJURY PROTECTION.  This subchapter does not require an insurer to provide personal injury protection coverage in an amount that exceeds $2,500 for all benefits, in the aggregate, for each person.
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 1952.154. Loss of Income Benefits

Sec. 1952.154.  LOSS OF INCOME BENEFITS.  An insurer providing loss of income benefits under coverage required by this subchapter may require that the insured, as a condition of receiving those benefits, provide the insurer with reasonable medical proof of the insured's injury causing loss of income.
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 1952.155. Benefits Payable Without Regard to Fault or Collateral Source; Effect on Subrogation

Sec. 1952.155.  BENEFITS PAYABLE WITHOUT REGARD TO FAULT OR COLLATERAL SOURCE; EFFECT ON SUBROGATION.  (a)  The benefits under coverage required by this subchapter are payable without regard to:
(1)  the fault or nonfault of the named insured or recipient in causing or contributing to the collision; and
(2)  any collateral source of medical, hospital, or wage continuation benefits.
(b)  Except as provided by Subsection (c), an insurer paying benefits under coverage required by this subchapter does not have a right of subrogation or claim against any other person or insurer to recover any benefits by reason of the alleged fault of the other person in causing or contributing to the collision.
(c)  An insurer paying benefits pursuant to this subchapter, including a county mutual insurance company, shall have a right of subrogation and a claim against a person causing or contributing to the collision if, on the date of loss, financial responsibility as required by Chapter 601, Transportation Code, has not been established for a motor vehicle involved in the collision and operated by that person.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.039(a), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 9.039(a), eff. September 1, 2007.
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 135, eff. September 1, 2023.
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 1952.156. Payment of Benefits

Sec. 1952.156.  PAYMENT OF BENEFITS.  (a)  Subject to the requirements of this section and Section 1952.157, an insurer shall pay benefits under the coverage required by this subchapter periodically as claims for those benefits arise, but not later than the 30th day after the date the insurer receives satisfactory proof of a claim.
(b)  The coverage required by this subchapter may:
(1)  prescribe a period of not less than six months after the date of an accident within which the original proof of loss with respect to a claim for benefits must be presented to the insurer; and
(2)  provide that an insurer may require reasonable medical proof of an alleged recurrence of an injury for which an original claim for benefits was made if a lapse occurs in the period of total disability or in the medical treatment of an injured person who:
(A)  has received benefits under that coverage; and
(B)  subsequently claims additional benefits based on the alleged recurrence.
(c)  The aggregate benefits payable under the coverage required by this subchapter to any person may not exceed the maximum limits prescribed in the insurance policy.
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 1952.157. Action for Failure to Pay Benefits

Sec. 1952.157.  ACTION FOR FAILURE TO PAY BENEFITS.  (a)  If the insurer fails to pay benefits under the coverage required by this subchapter when due, the person entitled to those benefits may bring an action in contract to recover the benefits.
(b)  If the insurer is required to pay benefits described by Subsection (a), the person entitled to the benefits is entitled to recover reasonable attorney's fees, a  penalty of  12 percent, and interest at the legal rate from the date those amounts became overdue.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.