Texas 2021 - 87th Regular

Texas House Bill HB1433 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R15078 JES-F
1	2		By: Capriglione, Oliverson H.B. No. 1433
	3	+	Substitute the following for H.B. No. 1433:
	4	+	By: Oliverson C.S.H.B. No. 1433
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to the payment of insurance deductibles for property
7	10		insurance claims.
8	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	12		SECTION 1. Section 27.02(c), Business & Commerce Code, is
10	13		amended to read as follows:
11	14		(c) A person who sells goods or services commits an offense
12	15		if the person:
13	16		(1) advertises or promises to provide a good or
14	17		service to an insured under a property insurance policy in a
15	18		transaction in which:
16	19		(A) the good or service will be paid for by the
17	20		insured from the proceeds of a property insurance claim; and
18	21		(B) the person selling the good or service will[,
19	22		without the insurer's consent]:
20	23		(i) pay, waive, absorb, or otherwise
21	24		decline to charge or collect the amount of the insured's
22	25		deductible;
23	26		(ii) provide a rebate or credit in
24	27		connection with the sale of the good or service that will offset all
25	28		or part of the amount paid by the insured as a deductible; or
26	29		(iii) in any other manner assist the
27	30		insured in avoiding monetary payment of the required insurance
28	31		deductible; or
29	32		(2) provides a good or service to an insured under a
30	33		property insurance policy knowing that the insured will pay for the
31	34		good or service with the proceeds of a claim under the policy and[,
32	35		without the insurer's consent]:
33	36		(A) pays, waives, absorbs, or otherwise declines
34	37		to charge or collect the amount of the insured's deductible;
35	38		(B) provides a rebate or credit in connection
36	39		with the sale of the good or service that offsets all or part of the
37	40		amount paid by the insured as a deductible; or
38	41		(C) in any other manner assists the insured in
39	42		avoiding monetary payment of the required insurance deductible.
40	43		SECTION 2. Section 707.004, Insurance Code, is amended to
41	44		read as follows:
42	45		Sec. 707.004. [REASONABLE PROOF OF] PAYMENT OF DEDUCTIBLE.
43	46		(a) An insurer that issues a property insurance policy with
44	47		replacement cost coverage shall [may] refuse to pay a claim for
45	48		withheld recoverable depreciation or a replacement cost holdback
46	49		under the policy until the insurer receives reasonable proof of
47	50		payment by the policyholder of any deductible applicable to the
48	51		claim. Reasonable proof of payment includes a canceled check,
49	52		money order receipt, credit card statement, or copy of an executed
50	53		installment plan contract or other financing arrangement that
51	54		requires full payment of the deductible over time.
52		-	(b) An insurer ~~waiving~~ a deductible owed by a ~~policyholder~~
53		-	under a property insurance policy for ~~any reason may not require as~~
54		-	~~a condition the~~ policyholder's use of the insurer's preferred or
55		-	~~recommended~~ contractor for the claim subject to the deductible.
	55	+	(b) An insurer may not waive a deductible owed by a
	56	+	policyholder under a property insurance policy in exchange for the
	57	+	policyholder's use of the insurer's preferred or recommended
	58	+	contractor for the claim subject to the deductible.
56	59		SECTION 3. Section 707.004, Insurance Code, as amended by
57	60		this Act, applies only to an insurance policy delivered, issued for
58	61		delivery, or renewed on or after the effective date of this Act. A
59	62		policy delivered, issued for delivery, or renewed before the
60	63		effective date of this Act is governed by the law as it existed
61	64		immediately before the effective date of this Act, and that law is
62	65		continued in effect for that purpose.
63	66		SECTION 4. This Act takes effect September 1, 2021.