82R25495 RWG-F
By: Thompson H.B. No. 2093
A BILL TO BE ENTITLED
AN ACT
relating to the operation and regulation of certain consolidated
insurance programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Insurance Code, is amended by adding
Subtitle C to read as follows:
SUBTITLE C. PROGRAMS AFFECTING MULTIPLE LINES OF INSURANCE
CHAPTER 151. CONSOLIDATED INSURANCE PROGRAMS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 151.001. DEFINITIONS. In this chapter:
(1) "Consolidated insurance program" means a program
under which a principal provides general liability insurance
coverage, workers' compensation insurance coverage, or both that
are incorporated into an insurance program for a single
construction project or multiple construction projects.
(2) "Construction project" means construction,
remodeling, maintenance, or repair of improvements to real
property. The term includes the immediate construction location
and areas incidental and necessary to the work as defined in the
construction contract documents. A construction project under this
chapter does not include a single-family home, duplex, triplex, or
quadruplex.
(3) "Contractor" means any person who has entered into
a construction contract or a professional services contract and is
enrolled in the consolidated insurance program.
(4) "Insurer" means an insurance company, including a
mutual insurance company or a capital stock company, a reciprocal
or interinsurance exchange, a Lloyd's plan, or another legal entity
authorized to engage in the business of general liability insurance
or workers' compensation insurance in this state. The term
includes an eligible surplus lines insurer.
(5) "Principal" means the person who procures the
insurance policy under a consolidated insurance program.
Sec. 151.002. RULES. The commissioner shall adopt rules as
necessary to implement and enforce this chapter.
[Sections 151.003-151.050 reserved for expansion]
SUBCHAPTER B. GENERAL REQUIREMENTS
Sec. 151.051. DURATION OF GENERAL LIABILITY COVERAGE. A
consolidated insurance program that provides general liability
insurance coverage must provide completed operations insurance
coverage for a policy period of not less than three years.
[Sections 151.052-151.100 reserved for expansion]
SUBCHAPTER C. NONWAIVER
Sec. 151.101. NONWAIVER. A provision of this chapter may
not be waived by contract or otherwise.
SECTION 2. Chapter 151, Insurance Code, as added by this
Act, applies only to a new or renewed consolidated insurance
program for a construction project that begins on or after January
1, 2012. A consolidated insurance program for a construction
project that begins before January 1, 2012, 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, 2011.