Texas 2015 - 84th Regular

Texas House Bill HB3141

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the appeal of decisions by the Texas Department of Insurance regarding issuance of certain certificates of compliance under the Texas Windstorm Insurance Association Act.

Impact

The legislation establishes a formal appeals process within the Texas Department of Insurance, wherein an appeals panel will be created consisting of appointed members with relevant expertise, including engineers and representatives from the public and construction industry. This panel will hear cases related to rejected applications for certificates of compliance, adjudicating them based on a standard of review that is de novo, meaning they will review the case from the beginning without regard to the previous department decision. The establishment of such a panel is expected to enhance accountability and fairness in decision-making related to windstorm insurance compliance.

Summary

House Bill 3141 seeks to amend the Texas Insurance Code to provide a structured process for appealing decisions made by the Texas Department of Insurance regarding the issuance of certificates of compliance under the Texas Windstorm Insurance Association Act. One of the primary goals of this bill is to ensure that individuals and entities whose requests for compliance certificates are denied have a clear pathway to appeal those decisions. The new provisions outline the formation of an appeals panel, designed to offer a more transparent and equitable review process for applicants.

Contention

Despite the potential benefits of the bill, there are points of contention that may arise regarding its implementation. Critics may argue about the composition of the appeals panel, particularly whether the appointments are adequately diverse and representative of the affected communities. Additionally, there may be concerns regarding the efficiency and timeliness of the appeals process, as well as the possible need for ongoing oversight to prevent conflicts of interest among panel members. Furthermore, stakeholders within the coastal construction and insurance industries may have differing views on the effectiveness of the proposed changes, depending on their unique interests and experiences with the current system.

Companion Bills

No companion bills found.

Previously Filed As

TX SB1217

Relating to the Texas Windstorm Insurance Association.

TX HB2880

Relating to the administration of the Texas Windstorm Insurance Association.

TX SB2232

Relating to requirements for insurance agents offering windstorm and hail insurance policies issued by the Texas Windstorm Insurance Association.

TX SB2556

Relating to the abolition of the Texas Windstorm Insurance Association and coverage for windstorm by certain insurers.

TX HB1991

Relating to the board of directors of the Texas Windstorm Insurance Association.

TX HB3821

Relating to requirements for insurance agents offering windstorm and hail insurance policies issued by the Texas Windstorm Insurance Association.

TX HB3311

Relating to the process of selecting representatives of the insurance industry to serve on the board of directors of the Texas Windstorm Insurance Association.

TX HB3310

Relating to deadlines for the claims appraisal process of the Texas Windstorm Insurance Association.

TX HB1588

Relating to funding of excess losses and operating expenses of the Texas Windstorm Insurance Association; authorizing an assessment; authorizing a surcharge.

TX HB3208

Relating to the refund of premiums on the cancellation of Texas Windstorm Insurance Association policies by insureds.

Similar Bills

No similar bills found.