Texas 2009 - 81st Regular

Texas Senate Bill SB102 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R521 PB-D
2	2	By: Lucio S.B. No. 102
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to required use by insurers of certain standard insurance
8	8	policy forms for residential property insurance.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2301.008, Insurance Code, is amended to
11	11	read as follows:
12	12	Sec. 2301.008. ADOPTION AND USE OF STANDARD FORMS. (a)
13	13	Except as provided by Subsection (b), the [The] commissioner may
14	14	adopt standard insurance policy forms, printed endorsement forms,
15	15	and related forms other than insurance policy forms and printed
16	16	endorsement forms.
17	17	(b) The commissioner shall adopt standard insurance policy
18	18	forms, printed endorsement forms, and related forms other than
19	19	insurance policy forms and printed endorsement forms for use by an
20	20	insurer in writing residential property insurance.
21	21	(c) In [, that an insurer may use instead of the insurer's
22	22	own forms in] writing insurance subject to this subchapter other
23	23	than residential property insurance, an insurer may use the
24	24	standard forms adopted by the commissioner under Subsection (a)
25	25	instead of the insurer's own forms. In writing residential
26	26	property insurance, an insurer shall use the standard forms in the
27	27	manner prescribed by Section 2301.0525.
28	28	SECTION 2. Section 2301.052(b), Insurance Code, is amended
29	29	to read as follows:
30	30	(b) Subject to Section 2301.0525, an [An] insurer may
31	31	continue to use an insurance policy form or endorsement
32	32	promulgated, approved, or adopted under Article 5.06 or 5.35 before
33	33	June 11, 2003, on written notification to the commissioner that the
34	34	insurer will continue to use the form or endorsement.
35	35	SECTION 3. Subchapter B, Chapter 2301, Insurance Code, is
36	36	amended by adding Section 2301.0525 to read as follows:
37	37	Sec. 2301.0525. USE OF CERTAIN STANDARD INSURANCE POLICY
38	38	FORMS REQUIRED. (a) Each insurer that writes residential property
39	39	insurance in this state shall use the standard insurance policy
40	40	forms adopted by the commissioner under Section 2301.008 for
41	41	residential property insurance and, subject to Subsection (b), may
42	42	also use alternative policy forms approved by the commissioner
43	43	under Section 2301.006.
44	44	(b) An insurer may not deliver or issue for delivery in this
45	45	state a residential property insurance policy unless the insurer
46	46	informs all applicants for that insurance coverage, in the manner
47	47	prescribed by commissioner rule, that an applicant otherwise
48	48	qualified for that insurance coverage under this code may elect to
49	49	obtain residential property insurance coverage under a standard
50	50	insurance policy adopted by the commissioner under Section
51	51	2301.008.
52	52	SECTION 4. This Act applies only to an insurance policy
53	53	delivered, issued for delivery, or renewed on or after January 1,
54	54	2010. A policy delivered, issued for delivery, or renewed before
55	55	January 1, 2010, is governed by the law as it existed immediately
56	56	before the effective date of this Act, and that law is continued in
57	57	effect for that purpose.
58	58	SECTION 5. This Act takes effect September 1, 2009.