Texas 2023 - 88th Regular

Texas Senate Bill SB1268

Filed
2/27/23  
Out of Senate Committee
4/27/23  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the payment of insurance deductibles for property insurance claims.

Impact

The enactment of SB1268 would significantly modify current practices concerning how property insurance claims are processed. It would explicitly outlaw the waiving of deductibles by contractors, thereby ensuring that clients pay the required costs associated with their insurance policies. Additionally, it would compel insurance companies to receive proof of deductible payments before proceeding with claims. This change has implications for how claims are handled and would require adjustments from both insurers and contractors alike, potentially promoting more ethical practices across the industry.

Summary

Senate Bill 1268 attempts to reform the payment of insurance deductibles for property insurance claims, specifically targeting the roofing industry. The bill was proposed with the intent to prevent contractors from waiving deductibles, which has been identified as a practice that incentivizes fraudulent behavior within the market. By prohibiting such actions, the bill aims to uphold the integrity of insurance contracts and foster a fairer competition landscape in the contractor market. This legislative initiative is in recognition of growing concerns regarding inadequate workmanship quality linked to unscrupulous practices.

Sentiment

The sentiment surrounding SB1268 has been notably divided. Proponents argue that the bill would protect consumers from fraud while also safeguarding the reputation of honest contractors. Supporters include several industry associations which see this as a step forward in addressing longstanding issues within the roofing sector. Conversely, opponents raise concerns that the bill may be overly restrictive, jeopardizing customer relationships and generating friction between insurers and contractors. Their arguments highlight fears that enforcement of the bill could disproportionately impact smaller businesses that depend on flexibility.

Contention

Key points of contention during discussions around SB1268 have centered on the balance of consumer protection and market freedom. Some stakeholders have labeled the bill as too stringent and argued it undermines the ability of contractors to operate effectively in diverse market conditions. Specific criticisms focus on how this law would limit contractors' capacity to offer competitive pricing tactics such as deductible waiving, potentially leading to undesirable market consolidation. The debate emphasizes a critical tension between creating consumer safeguards and maintaining a hospitable commercial environment for contractors.

Texas Constitutional Statutes Affected

Insurance Code

  • Chapter 707. Payment Of Insurance Deductible
    • Section: 004

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.