Texas 2023 88th Regular

Texas House Bill HB1039 House Committee Report / Bill

Filed 04/16/2023

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                    88R13087 KBB-D
 By: Thompson of Brazoria H.B. No. 1039
 Substitute the following for H.B. No. 1039:
 By:  Oliverson C.S.H.B. No. 1039


 A BILL TO BE ENTITLED
 AN ACT
 relating to coverage of additional living expenses under a
 residential property insurance policy.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter A, Chapter 2002, Insurance Code, is
 amended by adding Section 2002.008 to read as follows:
 Sec. 2002.008.  ADDITIONAL LIVING EXPENSES COVERAGE.
 (a)  In this section, "residential property insurance" has the
 meaning assigned by Section 2301.002.
 (b)  This section applies to each insurer authorized to
 engage in the business of residential property insurance in this
 state, including a county mutual insurance company, farm mutual
 insurance company, Lloyd's plan, and reciprocal or interinsurance
 exchange.
 (c)  A residential property insurance policy that includes
 coverage for additional living expenses must cover the additional
 living expenses incurred by an insured if the insured property is
 uninhabitable for a period of at least 24 hours.  In this
 subsection, "uninhabitable" includes a stoppage of water,
 electricity, sewer, or natural gas service caused by a covered loss
 on the insured's property.
 (d)  Coverage required by this section must begin not later
 than 24 hours after the stoppage of the water, electricity, sewer,
 or natural gas service.
 (e)  The commissioner may adopt rules to implement this
 section.
 SECTION 2.  Section 2002.008, Insurance Code, as added by
 this Act, applies only to an insurance policy delivered, issued for
 delivery, or renewed on or after January 1, 2024.
 SECTION 3.  This Act takes effect September 1, 2023.