1 | | - | By: Middleton, et al. S.B. No. 1006 |
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2 | | - | |
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3 | | - | |
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| 1 | + | By: Middleton, Campbell S.B. No. 1006 |
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| 2 | + | (In the Senate - Filed January 29, 2025; February 24, 2025, |
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| 3 | + | read first time and referred to Committee on Business & Commerce; |
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| 4 | + | March 12, 2025, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 11, Nays 0; March 12, 2025, |
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| 6 | + | sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 1006 By: Middleton |
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4 | 9 | | |
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5 | 10 | | |
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6 | 11 | | A BILL TO BE ENTITLED |
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7 | 12 | | AN ACT |
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8 | 13 | | relating to declination, cancellation, or nonrenewal of insurance |
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9 | 14 | | policies. |
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10 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 16 | | SECTION 1. Section 551.001(a), Insurance Code, is amended |
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12 | 17 | | to read as follows: |
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13 | 18 | | (a) The commissioner may, as necessary, adopt and enforce |
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14 | 19 | | reasonable rules, including notice requirements, relating to the |
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15 | 20 | | declination, cancellation, and nonrenewal of any insurance policy |
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16 | 21 | | regulated by the department under: |
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17 | 22 | | (1) Chapter 5; |
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18 | 23 | | (2) Chapter 1804, 1805, 2171, or 2301; or |
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19 | 24 | | (3) Subtitle C, D, E, or F, Title 10. |
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20 | 25 | | SECTION 2. Section 551.002(a), Insurance Code, is amended |
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21 | 26 | | to read as follows: |
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22 | 27 | | (a) The commissioner shall require an insurer that |
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23 | 28 | | declines, cancels, or refuses to renew an insurance policy to which |
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24 | 29 | | Section 551.001 applies[, on request by an applicant for insurance |
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25 | 30 | | or a policyholder,] to provide to the applicant or policyholder a |
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26 | 31 | | written statement of the reasons for the declination, cancellation, |
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27 | 32 | | or nonrenewal of the [an insurance] policy [to which Section |
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28 | 33 | | 551.001 applies]. |
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29 | 34 | | SECTION 3. Subchapter A, Chapter 551, Insurance Code, is |
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30 | 35 | | amended by adding Section 551.006 to read as follows: |
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40 | | - | (b) A report under this section must disclose any decision |
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41 | | - | to decline to issue, cancel, or refuse to renew an insurance policy |
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42 | | - | that was based on: |
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43 | | - | (1) a score that is based on measuring exposure to |
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44 | | - | long-term environmental, social, or governance risks; or |
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45 | | - | (2) diversity, equity, and inclusion factors. |
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46 | | - | (c) The department shall post reports provided under this |
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47 | | - | section on the department's Internet website. |
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48 | 45 | | SECTION 4. Subchapter B, Chapter 551, Insurance Code, is |
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49 | 46 | | amended by adding Section 551.0521 to read as follows: |
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50 | 47 | | Sec. 551.0521. WRITTEN NOTICE OF DECLINATION REQUIRED. An |
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51 | 48 | | insurer that declines an application for a liability insurance or |
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52 | 49 | | commercial property insurance policy shall deliver or mail written |
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53 | 50 | | notice of the declination to the applicant. |
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54 | 51 | | SECTION 5. Section 551.055, Insurance Code, is amended to |
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55 | 52 | | read as follows: |
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56 | 53 | | Sec. 551.055. REASON FOR DECLINATION, CANCELLATION, OR |
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57 | 54 | | NONRENEWAL REQUIRED. In a notice to an applicant or insured |
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58 | 55 | | relating to declination, cancellation, or refusal to renew, an |
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59 | 56 | | insurer must state the reason for the declination, cancellation, or |
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60 | 57 | | nonrenewal. The statement must comply with: |
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61 | 58 | | (1) Sections 551.002(b) and (c); and |
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62 | 59 | | (2) rules adopted under Section 551.002(d). |
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63 | 60 | | SECTION 6. Section 551.109, Insurance Code, is amended to |
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64 | 61 | | read as follows: |
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65 | 62 | | Sec. 551.109. INSURER STATEMENT. An insurer shall[, at the |
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66 | 63 | | request of an applicant for insurance or an insured,] provide a |
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67 | 64 | | written statement of the reason for a declination, cancellation, or |
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68 | 65 | | nonrenewal of an insurance policy. The statement must comply with: |
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69 | 66 | | (1) Sections 551.002(b) and (c); and |
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70 | 67 | | (2) rules adopted under Section 551.002(d). |
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71 | 68 | | SECTION 7. The change in law made by this Act applies only |
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72 | 69 | | to an application for insurance that is made or an insurance policy |
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73 | 70 | | that is delivered, issued for delivery, or renewed on or after the |
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74 | 71 | | effective date of this Act. An application made or policy |
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75 | 72 | | delivered, issued for delivery, or renewed before the effective |
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76 | 73 | | date of this Act is governed by the law as it existed immediately |
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77 | 74 | | before the effective date of this Act, and that law is continued in |
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78 | 75 | | effect for that purpose. |
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79 | 76 | | SECTION 8. This Act takes effect September 1, 2025. |
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