Texas 2021 - 87th Regular

Texas Senate Bill SB1809

Caption

Relating to the enforcement of insurance laws, including laws governing the unauthorized business of insurance; authorizing administrative penalties.

Impact

If SB1809 is enacted, it will amend multiple sections of the Texas Insurance Code to clarify the powers of the insurance commissioner regarding the enforcement actions against unauthorized insurers. It establishes more severe administrative penalties, proposing fines of up to $25,000 per violation per day. These changes would likely result in stricter monitoring of insurance activities within the state, thereby improving compliance and accountability among insurers operating in Texas.

Summary

SB1809 focuses on the enforcement of insurance laws in Texas, particularly addressing issues related to the unauthorized business of insurance. The bill provides the Texas insurance commissioner with increased authority to issue cease and desist orders against unauthorized practitioners and impose administrative penalties for violations. Additionally, it allows for the recovery of attorney's fees in actions involving unauthorized insurers if they fail to make required payments. Overall, the bill aims to enhance consumer protection and ensure the integrity of the insurance market in Texas.

Sentiment

The general sentiment surrounding SB1809 is supportive among legislators, as the bill passed overwhelmingly in both the Senate and House votes, with minimal opposition. Proponents argue that enhancing the regulatory framework is essential to protect consumers from financial harm resulting from unauthorized insurance activities. However, there are concerns about how these enforcement measures might impact smaller insurance providers or agents who may inadvertently fall into non-compliance situations.

Contention

Some points of contention include the balance between aggressive enforcement and regulatory burden on legitimate insurance businesses. Critics may argue that imposing high penalties could lead to unintended consequences, such as discouraging insurance providers from operating in Texas or driving some to the underground market. The discussions surrounding SB1809 reflect broader concerns about how to effectively regulate the insurance industry while supporting a competitive marketplace.

Companion Bills

TX HB4313

Same As Relating to the enforcement of insurance laws, including laws governing the unauthorized business of insurance; authorizing administrative penalties.

Similar Bills

TX HB4313

Relating to the enforcement of insurance laws, including laws governing the unauthorized business of insurance; authorizing administrative penalties.

LA HB543

Provides relative to regulation of surplus lines insurance

AL SB46

Insurance Department insurers required to be licensed, unauthorized insurers, exceptions for surplus line brokers, further provided for, authority for membership in the Surplus Line Insurance Multi-State Compliance Compact Act repealed.

AL HB142

Insurance Dept, insurers required to be licensed, unauthorized insurers, exceptions for surplus line brokers, further provided for, authority for membership in the Surplus Line Insurance Multi-State Compliance Compact Act repealed.

CT HB05366

An Act Concerning Certain Surplus Lines Insurance Policies And The Duties Of Surplus Lines Insurance Brokers.

LA HB214

Provides relative to the creation of domestic surplus lines insurers

LA SB471

Provides for the deposit and use of certain state treasury funds. (gov sig) (EN SD RV See Note)

MS HB47

Unauthorized aliens; penalize transport into state by any person and prohibit forgery of documents.