Texas 2023 88th Regular

Texas House Bill HB3333 House Committee Report / Bill

Filed 05/01/2023

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                    88R17240 SCL-F
 By: Paul H.B. No. 3333
 Substitute the following for H.B. No. 3333:
 By:  Oliverson C.S.H.B. No. 3333


 A BILL TO BE ENTITLED
 AN ACT
 relating to eligibility for coverage by the Fair Access to
 Insurance Requirements Plan in certain areas.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 2211.151, Insurance Code, is amended to
 read as follows:
 Sec. 2211.151.  MANDATORY COVERAGE PROVIDED TO CERTAIN
 INSUREDS.  (a)  The association shall make residential property
 insurance available to each applicant in an underserved area whose
 property is insurable in accordance with reasonable underwriting
 standards but who, after diligent efforts, is unable to obtain
 residential property insurance through the voluntary market, as
 evidenced by two declinations from insurers authorized to engage in
 the business of, and writing, residential property insurance in
 this state.
 (b)  For an applicant owning residential property located
 not more than four miles beyond the Texas Windstorm Insurance
 Association catastrophe area designated under Section 2210.005, an
 offer of coverage for the property through the voluntary market at a
 cost that exceeds 110 percent of the cost for an association policy
 providing equivalent coverage of residential property with similar
 rating characteristics, including size, elevation, age, and
 construction standards, is considered a declination for purposes of
 establishing eligibility for coverage under Subsection (a).
 SECTION 2.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2023.