By: Lucio III, Wu (Senate Sponsor - Hancock) H.B. No. 1944
(In the Senate - Received from the House April 15, 2019;
April 16, 2019, read first time and referred to Committee on
Business & Commerce; May 2, 2019, reported favorably by the
following vote: Yeas 8, Nays 0; May 2, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to extension of deadlines for claims and related
settlement and dispute resolution under the Texas Windstorm
Insurance Association Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2210.581, Insurance Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d) to read
as follows:
(a) Subject to Subsection (b), the commissioner, on a
showing of good cause, may by rule:
(1) extend any deadline established under this
subchapter; and
(2) set the length of the extension.
(b) With reference to deadlines applicable to the
association only, all deadline extensions related to claims arising
from [filed during] a particular storm [catastrophe year, the
extension of deadlines under Subsection (a)] may not exceed 120
days in the aggregate. This subsection does not affect the
extension of a deadline applicable to a claimant or to both the
association and a claimant.
(d) The commissioner shall adopt rules necessary to
implement this section. Section 2001.0045, Government Code, does
not apply to rules adopted under this subsection.
SECTION 2. The change in law made by this Act applies only
to a claim filed on or after the effective date of this Act. A claim
filed before the effective date of this Act is governed by the law
applicable to the claim 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, 2019.
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