1 | 1 | | 86R17067 SCL-D |
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2 | 2 | | By: Herrero H.B. No. 3633 |
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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. Sections 2210.102(a), (c), (c-1), and (f), |
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11 | 11 | | Insurance Code, are amended to read as follows: |
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12 | 12 | | (a) The board of directors is composed of 11 [nine] members |
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13 | 13 | | appointed by the governor [commissioner] in accordance with this |
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14 | 14 | | section. |
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15 | 15 | | (c) Five [Three] members must, as of the date of the |
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16 | 16 | | appointment, reside in the first tier coastal counties. Each of the |
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17 | 17 | | following regions must be represented by a member residing in the |
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18 | 18 | | region and appointed under this subsection: |
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19 | 19 | | (1) the region consisting of Cameron, Kenedy, Kleberg, |
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20 | 20 | | and Willacy Counties; |
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21 | 21 | | (2) the region consisting of Aransas, Calhoun, Nueces, |
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22 | 22 | | Refugio, and San Patricio Counties; and |
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23 | 23 | | (3) the region consisting of Brazoria, Chambers, |
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24 | 24 | | Galveston, Jefferson, and Matagorda Counties and any part of Harris |
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25 | 25 | | County designated as a catastrophe area under Section 2210.005. |
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26 | 26 | | (c-1) One of the members appointed under Subsection (c) must |
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27 | 27 | | be a property and casualty agent who is licensed under this code and |
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28 | 28 | | is not a captive agent. Other members appointed under that |
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29 | 29 | | subsection: |
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30 | 30 | | (1) must be association policyholders nominated by the |
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31 | 31 | | office of public insurance counsel; and |
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32 | 32 | | (2) may not be property and casualty agents. |
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33 | 33 | | (f) Insurers who are members of the association shall |
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34 | 34 | | nominate, from among those members, persons to fill any vacancy in |
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35 | 35 | | the three board of director seats reserved for representatives of |
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36 | 36 | | the insurance industry. The board of directors shall solicit |
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37 | 37 | | nominations from the members and submit the nominations to the |
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38 | 38 | | governor [commissioner]. The nominee slate submitted to the |
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39 | 39 | | governor [commissioner] under this subsection must include at least |
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40 | 40 | | three more names than the number of vacancies. The governor |
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41 | 41 | | [commissioner] may appoint replacement insurance industry |
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42 | 42 | | representatives from the nominee slate. |
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43 | 43 | | SECTION 2. Section 2210.103, Insurance Code, is amended to |
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44 | 44 | | read as follows: |
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45 | 45 | | Sec. 2210.103. TERMS. (a) Members of the board of |
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46 | 46 | | directors serve two-year [three-year staggered] terms[, with the |
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47 | 47 | | terms of three members expiring on the third Tuesday of March of |
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48 | 48 | | each year]. |
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49 | 49 | | (b) A person may serve on the board of directors for not more |
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50 | 50 | | than three consecutive full terms, not to exceed six [nine] years. |
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51 | 51 | | (c) A member of the board of directors may be removed by the |
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52 | 52 | | governor [commissioner] with cause stated in writing and posted on |
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53 | 53 | | the association's website. The governor [commissioner] shall |
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54 | 54 | | appoint a replacement in accordance with Section 2210.102 for a |
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55 | 55 | | member who leaves or is removed from the board of directors. |
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56 | 56 | | SECTION 3. (a) The board of directors of the Texas |
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57 | 57 | | Windstorm Insurance Association established under Section |
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58 | 58 | | 2210.102, Insurance Code, as that section existed before amendment |
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59 | 59 | | by this Act, is abolished effective December 1, 2019. |
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60 | 60 | | (b) The governor shall appoint the members of the board of |
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61 | 61 | | directors of the Texas Windstorm Insurance Association under |
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62 | 62 | | Section 2210.102, Insurance Code, as amended by this Act, not later |
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63 | 63 | | than December 1, 2019. |
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64 | 64 | | (c) The term of a person who is serving as a member of the |
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65 | 65 | | board of directors of the Texas Windstorm Insurance Association |
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66 | 66 | | immediately before the abolition of that board under Subsection (a) |
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67 | 67 | | of this section expires on December 1, 2019. Such a person is |
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68 | 68 | | eligible for appointment by the governor to the new board of |
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69 | 69 | | directors of the Texas Windstorm Insurance Association, subject to |
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70 | 70 | | the requirements of Section 2210.102, Insurance Code, as amended by |
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71 | 71 | | this Act. |
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72 | 72 | | SECTION 4. This Act takes effect September 1, 2019. |
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