1 | 1 | | 81R6812 PB-D |
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2 | 2 | | By: Jackson, Mike S.B. No. 734 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the board of directors of the Texas Windstorm Insurance |
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8 | 8 | | Association. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 2210.102, Insurance Code, is amended by |
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11 | 11 | | amending Subsection (a) and adding Subsections (c) and (d) to read |
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12 | 12 | | as follows: |
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13 | 13 | | (a) The board of directors is composed of the following 11 |
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14 | 14 | | [nine] members appointed by the commissioner: |
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15 | 15 | | (1) five members who represent the interests of |
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16 | 16 | | [representatives of different] insurers who are members of the |
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17 | 17 | | association[, elected by the members as provided by the plan of |
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18 | 18 | | operation]; |
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19 | 19 | | (2) four public members [two public representatives] |
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20 | 20 | | who are nominated by the office of public insurance counsel and who, |
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21 | 21 | | as of the date of the appointment: |
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22 | 22 | | (A) reside in a catastrophe area; and |
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23 | 23 | | (B) are policyholders of the association; and |
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24 | 24 | | (3) two members who are property and casualty agents, |
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25 | 25 | | each of whom must: |
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26 | 26 | | (A) have demonstrated experience in the |
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27 | 27 | | association; |
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28 | 28 | | (B) maintain the agent's principal office, as of |
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29 | 29 | | the date of the appointment, in a catastrophe area; and |
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30 | 30 | | (C) hold a license under Chapter 4051 as a |
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31 | 31 | | general property and casualty agent [or a personal lines property |
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32 | 32 | | and casualty agent]. |
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33 | 33 | | (c) To be eligible to serve on the board of directors as a |
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34 | 34 | | representative of insurers, a person must be a full-time employee |
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35 | 35 | | of an authorized insurer that is a member of the association. |
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36 | 36 | | (d) The commissioner or an employee of the department |
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37 | 37 | | designated by the commissioner serves as an ex officio member of the |
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38 | 38 | | board of directors. |
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39 | 39 | | SECTION 2. Section 2210.103, Insurance Code, is amended by |
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40 | 40 | | amending Subsection (a) and adding Subsection (c) to read as |
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41 | 41 | | follows: |
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42 | 42 | | (a) Members of the board of directors serve three-year |
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43 | 43 | | staggered terms, with the terms of three or four members expiring on |
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44 | 44 | | the third Tuesday of March of each year. |
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45 | 45 | | (c) A member of the board of directors serves at the |
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46 | 46 | | pleasure of the commissioner. The commissioner shall appoint a |
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47 | 47 | | replacement for a member who leaves or is removed from the board of |
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48 | 48 | | directors in the manner provided by Section 2210.102. |
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49 | 49 | | SECTION 3. (a) The board of directors of the Texas |
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50 | 50 | | Windstorm Insurance Association established under Section |
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51 | 51 | | 2210.102, Insurance Code, as that section existed before amendment |
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52 | 52 | | by this Act, is abolished on the 30th day after the effective date |
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53 | 53 | | of this Act. |
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54 | 54 | | (b) The commissioner of insurance shall appoint the members |
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55 | 55 | | of the board of directors of the Texas Windstorm Insurance |
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56 | 56 | | Association under Section 2210.102, Insurance Code, as amended by |
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57 | 57 | | this Act, for terms beginning on the 31st day after the effective |
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58 | 58 | | date of this Act. |
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59 | 59 | | (c) The term of a person who is serving as a member of the |
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60 | 60 | | board of directors of the Texas Windstorm Insurance Association |
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61 | 61 | | immediately before the abolition of that board under Subsection (a) |
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62 | 62 | | of this section expires on the 30th day after the effective date of |
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63 | 63 | | this Act. Such a person is eligible for appointment by the |
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64 | 64 | | commissioner of insurance to the new board of directors of the Texas |
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65 | 65 | | Windstorm Insurance Association under Section 2210.102, Insurance |
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66 | 66 | | Code, as amended by this Act. |
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67 | 67 | | SECTION 4. This Act takes effect immediately if it receives |
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68 | 68 | | a vote of two-thirds of all the members elected to each house, as |
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69 | 69 | | provided by Section 39, Article III, Texas Constitution. If this |
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70 | 70 | | Act does not receive the vote necessary for immediate effect, this |
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71 | 71 | | Act takes effect September 1, 2009. |
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