1. (a) Notwithstanding any other provision of this code and except as provided by Subsection (b), if an insurer is liable to an insured for a claim that is subject to a deductible payable by the insured and a third party may be liable to the insurer or the insured for the amount of the deductible, the insurer shall:

   1. (1) take action to recover the deductible against the third party not later than the first anniversary of the date the insured's claim is paid; or
   2. (2) pay the amount of the deductible to the insured.

2. (b) An insurer is not required to take action or pay the amount of the deductible as required by Subsection (a) if, not later than the earlier of the first anniversary of the date the insured's claim is paid or the 90th day before the date the statute of limitations for a negligence action expires, the insurer:

   1. (1) notifies the insured in writing that the insurer does not intend to take further collection actions against the third party; and
   2. (2) authorizes the insured to take further collection actions.
3. (c) This section applies regardless of whether the third party who may be liable for the amount of the deductible is insured or uninsured.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.