Texas 2025 - 89th Regular

Texas House Bill HB3388 Compare Versions

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11 89R9631 DNC-F
22 By: Paul H.B. No. 3388
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to group property and casualty insurance policies.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 2171.001, Insurance Code, is amended to
1212 read as follows:
1313 Sec. 2171.001. DEFINITIONS [DEFINITION]. In this chapter:
1414 (1) "Large [, "large] risk" means an insured described
1515 by Section 2301.004.
1616 (2) "Member" means an owner or person with an
1717 insurable interest in a property covered under a policy issued
1818 under Section 2171.002.
1919 SECTION 2. Chapter 2171, Insurance Code, is amended by
2020 adding Sections 2171.006, 2171.007, 2171.008, and 2171.009 to read
2121 as follows:
2222 Sec. 2171.006. DISCLOSURES REQUIRED. (a) During an
2323 application for an insurance policy issued under Section 2171.002,
2424 an insurer must provide to each applicant a written disclosure of
2525 whether the policy has a shared aggregate limit and, if applicable,
2626 the amount of the limit.
2727 (b) Not later than the 30th day after the date an insurer
2828 issues, delivers, or renews an insurance policy under Section
2929 2171.002, the insurer must deliver the following documents to each
3030 member covered by the policy:
3131 (1) a copy of the certificate of insurance; and
3232 (2) a copy of the policy.
3333 Sec. 2171.007. INCIDENTAL CASUALTY COVERAGE. An insurance
3434 policy issued under Section 2171.002 may contain casualty coverage
3535 that is incidental to the property risk covered under the policy.
3636 Sec. 2171.008. APPLICABILITY TO SURPLUS LINES. Eligible
3737 surplus lines insurers are subject to this chapter, other than
3838 Sections 2171.003, 2171.004, and 2171.005.
3939 Sec. 2171.009. RULES. The commissioner may adopt rules to
4040 implement and administer this chapter.
4141 SECTION 3. Subtitle G, Title 10, Insurance Code, is amended
4242 by adding Chapter 2172 to read as follows:
4343 CHAPTER 2172. PERSONAL LINES GROUP PROPERTY AND CASUALTY INSURANCE
4444 Sec. 2172.001. DEFINITION. In this chapter, "permitted
4545 group" means a group of 10 or more insureds who have a preexisting
4646 relationship to each other through:
4747 (1) a common trade;
4848 (2) an association;
4949 (3) an affiliation; or
5050 (4) any other relationship that is separate and
5151 distinct from any group insurance arrangement of the group.
5252 Sec. 2172.002. APPLICABILITY OF CHAPTER. (a) This
5353 chapter, other than Section 2172.004, applies to an eligible
5454 surplus lines insurer.
5555 (b) This chapter does not apply to an insurance policy
5656 issued under and in accordance with:
5757 (1) Chapter 2153, 2171, or 2201; or
5858 (2) Section 706.002, 2152.003, or 4055.154.
5959 Sec. 2172.003. GROUP INSURANCE. (a) An insurer may provide
6060 a personal lines property and casualty insurance policy to a
6161 permitted group, on a group basis, provided that:
6262 (1) the issuance of the policy results in economies of
6363 scale in administrative, marketing, or brokerage costs;
6464 (2) the benefits provided under the policy are
6565 reasonable to the premiums charged; and
6666 (3) the policy does not contain a shared aggregate
6767 limit.
6868 (b) An insurer may not renew an insurance policy that
6969 provides group coverage under this chapter to a group that includes
7070 fewer than 10 insureds as part of the group at the time of renewal.
7171 Sec. 2172.004. RATE AND FORM FILINGS. An insurer shall
7272 comply with all applicable rate and form filing requirements of
7373 this title for an insurance policy issued under Section 2172.003.
7474 Sec. 2172.005. RULES. The commissioner may adopt rules to
7575 implement and administer this chapter.
7676 SECTION 4. The changes in law made by this Act apply only to
7777 an insurance policy delivered, issued for delivery, or renewed on
7878 or after the effective date of this Act.
7979 SECTION 5. This Act takes effect immediately if it receives
8080 a vote of two-thirds of all the members elected to each house, as
8181 provided by Section 39, Article III, Texas Constitution. If this
8282 Act does not receive the vote necessary for immediate effect, this
8383 Act takes effect September 1, 2025.