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RULE §5.205Motor Vehicle Crime Prevention Authority Pass-Through Fee

(a) Each insurer must pay a fee of $4.00 per "motor vehicle year of insurance" to the Motor Vehicle Crime Prevention Authority, as required by Transportation Code §1006.153. The insurer is authorized to recoup some or all of this fee from the policyholder.

(b) If an insurer recoups the fee from the policyholder under subsection (a) of this section, the insurer must:

  (1) provide the policyholder with a notice using the following or similar language, in at least 10-point type: "Your payment includes a $[_______] fee per vehicle each year. This fee helps fund (1) auto burglary, theft, and fraud prevention, (2) criminal justice efforts, and (3) trauma care and emergency medical services for victims of accidents due to traffic offenses. By law, this fee funds the Motor Vehicle Crime Prevention Authority.";

  (2) include the notice on or with each motor vehicle insurance policy, as defined in 43 TAC §57.48 (relating to Motor Vehicle Years of Insurance Calculations), that is delivered, issued for delivery, or renewed in this state, including those policies issued through the Texas Automobile Insurance Plan Association; and

  (3) if the notice language required by paragraph (1) of this subsection is provided somewhere other than the declarations page, renewal certificate, or billing, also include the following or similar language on the declarations page of the policy, renewal certificate, or billing: "Motor Vehicle Crime Prevention Authority Fee $[______] (See enclosed explanation)."

(c) An insurer may continue providing a notice used on or before the effective date of this section if the notice:

  (1) contains the correct fee amount;

  (2) includes "Motor Vehicle Crime Prevention Authority" in place of "Automobile Burglary and Theft Prevention Authority;" and

  (3) has any statutory references removed or updated to change Tex. Rev. Civ. Stat. Ann. art. 4413(37) to Transportation Code Chapter 1006.

(d) A notice that complies with subsection (c) of this section is considered similar to the notice language required by subsection (b) of this section.

Source Note: The provisions of this §5.205 adopted to be effective October 5, 1992, 17 TexReg 6448; amended to be effective June 7, 1999, 24 TexReg 4237; amended to be effective September 8, 2013, 38 TexReg 5737; amended to be effective March 16, 2021, 46 TexReg 1645

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