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1 | 1 | By: Hancock S.B. No. 2978 | |
2 | 2 | ||
3 | 3 | ||
4 | 4 | ||
5 | 5 | ||
6 | 6 | A BILL TO BE ENTITLED | |
7 | 7 | AN ACT | |
8 | 8 | relating to presuit notice associated with certain insurance claims | |
9 | 9 | for property damage. | |
10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
11 | 11 | SECTION 1. Section 542A.003, Insurance Code is amended by | |
12 | 12 | adding Subsection (b-1) to read as follows: | |
13 | 13 | (b-1) The amount of money alleged by the claimant to be owed | |
14 | 14 | by the insurer on the claim for damage to or loss of covered | |
15 | 15 | property as required by Subsection (b)(2) must be an amount the | |
16 | 16 | claimant will accept in full payment of the claim, and payment of | |
17 | 17 | that amount by the insurer during the period provided by Subsection | |
18 | 18 | (a) or Section 542A.005(e), as applicable, settles and resolves the | |
19 | 19 | claimant's claim. | |
20 | 20 | SECTION 2. The changes in law made by this Act apply only to | |
21 | 21 | an action commenced on or after the effective date of this Act. An | |
22 | 22 | action commenced before the effective date of this Act is governed | |
23 | 23 | by the law applicable to the action immediately before the | |
24 | 24 | effective date of this Act, and that law is continued in effect for | |
25 | 25 | that purpose. | |
26 | 26 | SECTION 3. This Act takes effect immediately if it receives | |
27 | 27 | a vote of two-thirds of all the members elected to each house, as | |
28 | 28 | provided by Section 39, Article III, Texas Constitution. If this | |
29 | 29 | Act does not receive the vote necessary for immediate effect, this | |
30 | 30 | Act takes effect September 1, 2025. |