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1 | 1 | By: West, et al. S.B. No. 213 | |
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3 | - | ||
2 | + | (In the Senate - Filed November 12, 2024; February 3, 2025, | |
3 | + | read first time and referred to Committee on Business & Commerce; | |
4 | + | March 19, 2025, reported adversely, with favorable Committee | |
5 | + | Substitute by the following vote: Yeas 10, Nays 0; March 19, 2025, | |
6 | + | sent to printer.) | |
7 | + | Click here to see the committee vote | |
8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 213 By: Nichols | |
4 | 9 | ||
5 | 10 | ||
6 | 11 | A BILL TO BE ENTITLED | |
7 | 12 | AN ACT | |
8 | 13 | relating to prohibiting insurers from requiring the tying of | |
9 | 14 | residential property and personal automobile insurance policies. | |
10 | 15 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
11 | 16 | SECTION 1. Chapter 551, Insurance Code, is amended by | |
12 | 17 | adding Subchapter F to read as follows: | |
13 | 18 | SUBCHAPTER F. CONTINGENCY OF RESIDENTIAL PROPERTY AND PERSONAL | |
14 | 19 | AUTOMOBILE POLICIES | |
15 | 20 | Sec. 551.251. DEFINITION. In this subchapter, "residential | |
16 | 21 | property insurance" and "personal automobile insurance" have the | |
17 | 22 | meanings assigned by Section 38.002, Insurance Code. | |
18 | - | Sec. 551.252. APPLICABILITY OF SUBCHAPTER. This subchapter | |
19 | - | applies to an authorized insurer writing property and casualty | |
20 | - | insurance in this state, including: | |
21 | - | (1) a county mutual insurance company; | |
22 | - | (2) a Lloyd's plan; | |
23 | - | (3) a reciprocal or interinsurance exchange; and | |
24 | - | (4) a farm mutual insurance company. | |
25 | - | Sec. 551.253. EXEMPTIONS. This subchapter does not apply | |
23 | + | Sec. 551.252. EXEMPTIONS. This subchapter does not apply | |
26 | 24 | to: | |
27 | 25 | (1) a windstorm and hail insurance policy; | |
28 | 26 | (2) a flood insurance policy; or | |
29 | 27 | (3) a personal umbrella insurance policy. | |
30 | - | Sec. 551. | |
31 | - | PERSONAL AUTOMOBILE POLICIES. | |
28 | + | Sec. 551.253. REQUIRED TYING OF RESIDENTIAL PROPERTY AND | |
29 | + | PERSONAL AUTOMOBILE POLICIES. It is an unfair method of | |
32 | 30 | competition or an unfair or deceptive act or practice in the | |
33 | 31 | business of insurance under Chapter 541 to: | |
34 | 32 | (1) make the issuance, delivery, or renewal of a | |
35 | 33 | residential property insurance policy contingent on the purchase of | |
36 | 34 | a personal automobile insurance policy from the same insurer or an | |
37 | 35 | affiliated insurer or agent; or | |
38 | 36 | (2) make the issuance, delivery, or renewal of a | |
39 | 37 | personal automobile insurance policy contingent on the purchase of | |
40 | 38 | a residential property insurance policy from the same insurer or an | |
41 | 39 | affiliated insurer or agent. | |
42 | - | (b) Notwithstanding Subchapter D, Chapter 541, or any other | |
43 | - | law, a person may not bring a private action against an insurer or | |
44 | - | an agent or representative of an insurer for a method, act, or | |
45 | - | practice described by this section. This subsection does not limit | |
46 | - | the authority of the attorney general to bring an action as provided | |
47 | - | by Subchapter E or F, Chapter 541. | |
48 | 40 | SECTION 2. This Act takes effect September 1, 2025. | |
41 | + | * * * * * |