Texas 2013 - 83rd Regular

Texas Senate Bill SB852 Compare Versions

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Old	New	Differences
1	1	By: Taylor S.B. No. 852
2	2	(Smithee)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to availability of certain property and casualty insurance
8	8	forms.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 10, Insurance Code, is amended
11	11	by adding Chapter 1812 to read as follows:
12	12	CHAPTER 1812. AVAILABILITY OF SPECIMEN POLICIES
13	13	Sec. 1812.001. DEFINITION. In this chapter, "specimen
14	14	policy" means a standardized form, including an insurance policy
15	15	form or endorsement, used by an insurer to write personal
16	16	automobile, commercial automobile, inland marine, or residential
17	17	property insurance in this state that does not contain personally
18	18	identifiable information about an insured.
19	19	Sec. 1812.002. AVAILABILITY OF CERTAIN FORMS.
20	20	(a) Notwithstanding any other provision of this code relating to
21	21	the delivery of policy forms, an insurer may elect to make a
22	22	personal automobile, commercial automobile, inland marine, or
23	23	residential property insurance policy available to an insured by
24	24	posting a specimen policy on the insurer's Internet website instead
25	25	of other authorized means. An insurer making the election must
26	26	comply with Section 1812.003.
27	27	(b) On request of and at no cost to an insured, an insurer
28	28	shall provide to the insured a copy of a specimen policy applicable
29	29	to the insured that is posted on the insurer's Internet website.
30	30	Sec. 1812.003. NOTICE OF AVAILABILITY OF CERTAIN FORMS.
31	31	(a) An insurer that posts a specimen policy on the insurer's
32	32	Internet website under this chapter must, on issuance or renewal of
33	33	a policy incorporating the specimen policy:
34	34	(1) on the declarations page of the insured's policy:
35	35	(A) disclose that the specimen policy is
36	36	available on the insurer's Internet website; and
37	37	(B) clearly identify each posted specimen policy
38	38	incorporated into the insured's policy;
39	39	(2) explain that and how an insured, on request and at
40	40	no charge, may obtain a copy of the specimen policy from the
41	41	insurer; and
42	42	(3) provide to the department and the office of public
43	43	insurance counsel an electronic copy of the specimen policy that
44	44	may be posted on the Internet website of the department or the
45	45	office of public insurance counsel.
46	46	(b) An insurer that during an insured's policy period posts
47	47	a specimen policy or amends a posted specimen policy incorporated
48	48	into an insured's policy must, on the date the specimen policy is
49	49	posted or amended, in writing and in the insurer's customary manner
50	50	of communicating with the insured:
51	51	(1) notify the insured that the specimen policy is
52	52	available on the insurer's Internet website;
53	53	(2) clearly identify each added or amended specimen
54	54	policy incorporated into the insured's policy; and
55	55	(3) explain that and how the insured, on request and at
56	56	no charge, may obtain a copy of the specimen policy from the
57	57	insurer.
58	58	Sec. 1812.004. ACCESSIBILITY OF CERTAIN AVAILABLE FORMS. A
59	59	specimen policy posted on the insurer's Internet website under this
60	60	chapter must be, until no policy incorporating the specimen policy
61	61	is in force:
62	62	(1) easily accessible on the website; and
63	63	(2) provided in a format readily capable of being
64	64	saved or printed using a widely available and free computer
65	65	application or program.
66	66	Sec. 1812.005. RETENTION OF CERTAIN AVAILABLE FORMS. An
67	67	insurer that posts a specimen policy on the insurer's Internet
68	68	website under this chapter must for at least five years after the
69	69	latest date a policy incorporating the specimen policy is in force:
70	70	(1) preserve an electronic copy of the specimen
71	71	policy; and
72	72	(2) make a printed or electronic copy of the specimen
73	73	policy available on request at no cost.
74	74	SECTION 2. This Act applies only to an insurance policy that
75	75	is delivered, issued for delivery, or renewed on or after the
76	76	effective date of this Act. A policy delivered, issued for
77	77	delivery, or renewed before the effective date of this Act is
78	78	governed by the law as it existed immediately before the effective
79	79	date of this Act, and that law is continued in effect for that
80	80	purpose.
81	81	SECTION 3. This Act takes effect September 1, 2013.