By: Smithee, Thompson of HarrisAlonzo H.B. No. 949
        Alonzo (Senate Sponsor - Watson)
         (In the Senate - Received from the House April 15, 2013;
  April 17, 2013, read first time and referred to Committee on
  Business and Commerce; May 2, 2013, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 6, Nays
  0; May 2, 2013, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 949 By:  Watson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to continuation of automobile insurance coverage for
  certain motor vehicles acquired during a personal automobile
  insurance policy term.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1952.001, Insurance Code, is amended to
  read as follows:
         Sec. 1952.001.  APPLICABILITY OF CHAPTER. Except as
  otherwise provided by this chapter [Section 1952.201], 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.
         SECTION 2.  Subchapter B, Chapter 1952, Insurance Code, is
  amended by adding Section 1952.059 to read as follows:
         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 30,000 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.
         SECTION 3.  The change in law made by this Act applies only
  to an insurance policy delivered, issued for delivery, or renewed
  on or after January 1, 2014. An insurance policy delivered, issued
  for delivery, or renewed before January 1, 2014, is governed by the
  law in effect immediately before the effective date of this Act, and
  that law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2013.
 
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