1 | 1 | | 89R9631 DNC-F |
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2 | 2 | | By: Paul H.B. No. 3388 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to group property and casualty insurance policies. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 2171.001, Insurance Code, is amended to |
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12 | 12 | | read as follows: |
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13 | 13 | | Sec. 2171.001. DEFINITIONS [DEFINITION]. In this chapter: |
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14 | 14 | | (1) "Large [, "large] risk" means an insured described |
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15 | 15 | | by Section 2301.004. |
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16 | 16 | | (2) "Member" means an owner or person with an |
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17 | 17 | | insurable interest in a property covered under a policy issued |
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18 | 18 | | under Section 2171.002. |
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19 | 19 | | SECTION 2. Chapter 2171, Insurance Code, is amended by |
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20 | 20 | | adding Sections 2171.006, 2171.007, 2171.008, and 2171.009 to read |
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21 | 21 | | as follows: |
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22 | 22 | | Sec. 2171.006. DISCLOSURES REQUIRED. (a) During an |
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23 | 23 | | application for an insurance policy issued under Section 2171.002, |
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24 | 24 | | an insurer must provide to each applicant a written disclosure of |
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25 | 25 | | whether the policy has a shared aggregate limit and, if applicable, |
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26 | 26 | | the amount of the limit. |
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27 | 27 | | (b) Not later than the 30th day after the date an insurer |
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28 | 28 | | issues, delivers, or renews an insurance policy under Section |
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29 | 29 | | 2171.002, the insurer must deliver the following documents to each |
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30 | 30 | | member covered by the policy: |
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31 | 31 | | (1) a copy of the certificate of insurance; and |
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32 | 32 | | (2) a copy of the policy. |
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33 | 33 | | Sec. 2171.007. INCIDENTAL CASUALTY COVERAGE. An insurance |
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34 | 34 | | policy issued under Section 2171.002 may contain casualty coverage |
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35 | 35 | | that is incidental to the property risk covered under the policy. |
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36 | 36 | | Sec. 2171.008. APPLICABILITY TO SURPLUS LINES. Eligible |
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37 | 37 | | surplus lines insurers are subject to this chapter, other than |
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38 | 38 | | Sections 2171.003, 2171.004, and 2171.005. |
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39 | 39 | | Sec. 2171.009. RULES. The commissioner may adopt rules to |
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40 | 40 | | implement and administer this chapter. |
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41 | 41 | | SECTION 3. Subtitle G, Title 10, Insurance Code, is amended |
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42 | 42 | | by adding Chapter 2172 to read as follows: |
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43 | 43 | | CHAPTER 2172. PERSONAL LINES GROUP PROPERTY AND CASUALTY INSURANCE |
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44 | 44 | | Sec. 2172.001. DEFINITION. In this chapter, "permitted |
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45 | 45 | | group" means a group of 10 or more insureds who have a preexisting |
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46 | 46 | | relationship to each other through: |
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47 | 47 | | (1) a common trade; |
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48 | 48 | | (2) an association; |
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49 | 49 | | (3) an affiliation; or |
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50 | 50 | | (4) any other relationship that is separate and |
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51 | 51 | | distinct from any group insurance arrangement of the group. |
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52 | 52 | | Sec. 2172.002. APPLICABILITY OF CHAPTER. (a) This |
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53 | 53 | | chapter, other than Section 2172.004, applies to an eligible |
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54 | 54 | | surplus lines insurer. |
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55 | 55 | | (b) This chapter does not apply to an insurance policy |
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56 | 56 | | issued under and in accordance with: |
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57 | 57 | | (1) Chapter 2153, 2171, or 2201; or |
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58 | 58 | | (2) Section 706.002, 2152.003, or 4055.154. |
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59 | 59 | | Sec. 2172.003. GROUP INSURANCE. (a) An insurer may provide |
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60 | 60 | | a personal lines property and casualty insurance policy to a |
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61 | 61 | | permitted group, on a group basis, provided that: |
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62 | 62 | | (1) the issuance of the policy results in economies of |
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63 | 63 | | scale in administrative, marketing, or brokerage costs; |
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64 | 64 | | (2) the benefits provided under the policy are |
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65 | 65 | | reasonable to the premiums charged; and |
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66 | 66 | | (3) the policy does not contain a shared aggregate |
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67 | 67 | | limit. |
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68 | 68 | | (b) An insurer may not renew an insurance policy that |
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69 | 69 | | provides group coverage under this chapter to a group that includes |
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70 | 70 | | fewer than 10 insureds as part of the group at the time of renewal. |
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71 | 71 | | Sec. 2172.004. RATE AND FORM FILINGS. An insurer shall |
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72 | 72 | | comply with all applicable rate and form filing requirements of |
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73 | 73 | | this title for an insurance policy issued under Section 2172.003. |
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74 | 74 | | Sec. 2172.005. RULES. The commissioner may adopt rules to |
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75 | 75 | | implement and administer this chapter. |
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76 | 76 | | SECTION 4. The changes in law made by this Act apply only to |
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77 | 77 | | an insurance policy delivered, issued for delivery, or renewed on |
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78 | 78 | | or after the effective date of this Act. |
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79 | 79 | | SECTION 5. This Act takes effect immediately if it receives |
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80 | 80 | | a vote of two-thirds of all the members elected to each house, as |
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81 | 81 | | provided by Section 39, Article III, Texas Constitution. If this |
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82 | 82 | | Act does not receive the vote necessary for immediate effect, this |
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83 | 83 | | Act takes effect September 1, 2025. |
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