| 1 | 1 | | H.B. No. 3310 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to deadlines for the claims appraisal process of the Texas |
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| 6 | 6 | | Windstorm Insurance Association. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 2210.574, Insurance Code, is amended by |
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| 9 | 9 | | amending Subsection (d) and adding Subsection (d-1) to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | (d) If a claimant demands appraisal under this section: |
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| 12 | 12 | | (1) the appraisal must be conducted as provided by the |
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| 13 | 13 | | association policy; [and] |
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| 14 | 14 | | (2) the claimant and the association are responsible |
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| 15 | 15 | | in equal shares for paying any costs incurred or charged in |
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| 16 | 16 | | connection with the appraisal, including a fee charged under |
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| 17 | 17 | | Subsection (e); and |
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| 18 | 18 | | (3) the appraisal must be completed within the period |
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| 19 | 19 | | established under Subsection (d-1). |
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| 20 | 20 | | (d-1) In consultation with the association, the |
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| 21 | 21 | | commissioner shall adopt rules establishing the period in which an |
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| 22 | 22 | | appraisal demanded under this section must be completed. In |
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| 23 | 23 | | adopting the rules, the commissioner shall: |
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| 24 | 24 | | (1) allow flexibility for an adequate investigation of |
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| 25 | 25 | | the claim that is the subject of the appraisal; and |
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| 26 | 26 | | (2) consider the time necessary to preserve the |
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| 27 | 27 | | independence of the appraisers. |
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| 28 | 28 | | SECTION 2. The commissioner of insurance shall adopt rules |
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| 29 | 29 | | required by Section 2210.574, Insurance Code, as amended by this |
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| 30 | 30 | | Act. |
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| 31 | 31 | | SECTION 3. Section 2210.574, Insurance Code, as amended by |
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| 32 | 32 | | this Act, applies only to an appraisal demanded on or after January |
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| 33 | 33 | | 1, 2024. An appraisal demanded before January 1, 2024, is governed |
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| 34 | 34 | | by the law in effect on the date the appraisal was demanded, and |
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| 35 | 35 | | that law is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 37 | 37 | | ______________________________ ______________________________ |
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| 38 | 38 | | President of the Senate Speaker of the House |
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| 39 | 39 | | I certify that H.B. No. 3310 was passed by the House on April |
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| 40 | 40 | | 28, 2023, by the following vote: Yeas 138, Nays 6, 2 present, not |
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| 41 | 41 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 42 | 42 | | No. 3310 on May 24, 2023, by the following vote: Yeas 143, Nays 0, |
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| 43 | 43 | | 1 present, not voting. |
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| 44 | 44 | | ______________________________ |
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| 45 | 45 | | Chief Clerk of the House |
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| 46 | 46 | | I certify that H.B. No. 3310 was passed by the Senate, with |
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| 47 | 47 | | amendments, on May 19, 2023, by the following vote: Yeas 31, Nays |
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| 48 | 48 | | 0. |
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| 49 | 49 | | ______________________________ |
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| 50 | 50 | | Secretary of the Senate |
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| 51 | 51 | | APPROVED: __________________ |
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| 52 | 52 | | Date |
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| 53 | 53 | | __________________ |
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| 54 | 54 | | Governor |
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