H.B. No. 2877
AN ACT
relating to liability insurance closed claim reports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.153(a), Insurance Code, is amended to
read as follows:
(a) Not later than the 10th day after the last day of the
calendar quarter in which a claim for recovery under a liability
insurance policy is closed, the insurer shall file with the
department a closed claim report if the indemnity payment for
bodily injury under the coverage is $75,000 [$25,000] or more.
SECTION 2. Section 38.155(a), Insurance Code, is amended to
read as follows:
(a) An insurer shall file with the department a summary
closed claim report for a claim for recovery under a liability
insurance policy if the indemnity payment for bodily injury under
the coverage is less than $75,000 [$25,000] but more than $25,000
[$10,000].
SECTION 3. Section 38.157(a), Insurance Code, is amended to
read as follows:
(a) An insurer shall file with the department one report
containing the information required under this section for all
claims closed within the calendar year for which the indemnity
payments for bodily injury under the coverage are $25,000 [$10,000]
or less, including claims for which an indemnity payment is not made
on closing.
SECTION 4. Section 38.158, Insurance Code, is amended to
read as follows:
Sec. 38.158. ALTERNATIVE REPORTING. (a) After notice and
public hearing, the commissioner may provide for alternative
reporting in the form of sampling of the required closed claim data
instead of requiring insurers to file the closed claim data
required by this subchapter.
(b) The department may use a statistical reporting agency to
reconcile the data.
SECTION 5. This Act applies only to a closed claim report
that is filed with the Texas Department of Insurance on or after the
effective date of this Act. A closed claim report that is filed
with the department before the effective date of this Act 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 6. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2877 was passed by the House on April
22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2877 was passed by the Senate on May
18, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor