81R6642 TJS-D
By: Davis of Dallas H.B. No. 1459
A BILL TO BE ENTITLED
AN ACT
relating to the right of certain insurance policyholders to choose
an agent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 13, Insurance Code, is amended
by adding Chapter 4008 to read as follows:
CHAPTER 4008. RIGHT OF CERTAIN POLICYHOLDERS TO CHOOSE AGENTS
Sec. 4008.001. DEFINITION. In this chapter, "personal
insurance" means:
(1) a personal automobile insurance policy;
(2) a residential property insurance policy;
(3) a residential fire and allied lines insurance
policy; or
(4) a noncommercial insurance policy covering a boat,
personal watercraft, snowmobile, or recreational vehicle.
Sec. 4008.002. APPLICABILITY OF CHAPTER. This chapter
applies to an insurance company authorized to engage in the
business of personal insurance in this state.
Sec. 4008.003. RIGHT TO CHOOSE AGENT. In a form prescribed
by the commissioner, an insurance company to which this chapter
applies shall notify an insured not later than the 30th day after
the date on which the agent who is primarily responsible for
administering the insured's policy ceases to be responsible for
that policy. At a minimum, the notice must include:
(1) a statement informing the insured that the insured
has the right to select, from a list of available agents, if
applicable, the agent who will be primarily responsible for the
insured's policy;
(2) a list of the names, business addresses, and
telephone numbers of agents available to administer the insured's
account in the insured's geographical area, as defined by rule by
the commissioner;
(3) a description of the procedure by which the
insured may select an agent; and
(4) the name, office address, and telephone number of
the agent who will be primarily responsible for administering the
insured's policy until the insured selects an agent.
SECTION 2. This Act applies only to an insurance policy that
is delivered, issued for delivery, or renewed on or after January 1,
2010. A policy delivered, issued for delivery, or renewed before
January 1, 2010, is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.