Texas House Bill HB4339

Texas 2009 - 81st Regular

• Out of House Committee: 4/3/09
• Voted on by House: 4/16/09
• Out of Senate Committee: 5/13/09
• Voted on by Senate: 5/21/09
• Governor Action: 6/19/09
• Enrolled: 5/23/09
• Passed: 6/19/09

Caption

Relating to the establishment and operation of the unauthorized insurance guaranty fund.

Impact

This legislation will specifically amend the Texas Insurance Code to create new provisions under which a fund is established. The purpose of this Unauthorized Insurance Guaranty Fund is to hold deposited money that can be utilized in cases of delinquency involving unauthorized insurers. The fund is intended to support policy claims by advancing funds when the assets of these insurers are insufficient, thereby enhancing financial security for Texas residents who face losses due to unsanctioned insurance practices. This legislative framework aims to streamline processes for compensating affected individuals.

Summary

House Bill 4339, titled the Unauthorized Insurance Guaranty Fund Act, introduces a structure for managing claims related to unauthorized insurance policies within the state of Texas. The bill seeks to establish a dedicated fund aimed at alleviating the financial burden on individuals who suffer damages due to claims issued by unauthorized insurers, which are not covered by existing insurance guaranty acts. By providing additional remedies for those harmed, it seeks to fill the gap in consumer protection that currently exists under the law.

Contention

Notably, the bill contains specific terms regarding the handling of funds, including rules for the advancement and distribution of payments under claims. It grants the insurance commissioner expanded powers to manage the fund effectively and execute responsibilities related to claims approval. While the bill primarily focuses on consumer protection and insurance regulation, there could be concerns raised around the implications of state interference in insurance matters and how effectively the fund will operate in times of economic strain. Additionally, the legislation exempts the fund from certain fees and taxes, which may raise questions regarding its fiscal sustainability over the long term.