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A BILL TO BE ENTITLED
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AN ACT
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relating to deadlines for the claims appraisal process of the Texas |
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Windstorm Insurance Association. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2210.574, Insurance Code, is amended by |
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amending Subsection (d) and adding Subsection (d-1) to read as |
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follows: |
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(d) If a claimant demands appraisal under this section: |
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(1) the appraisal must be conducted as provided by the |
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association policy; [and] |
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(2) the claimant and the association are responsible |
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in equal shares for paying any costs incurred or charged in |
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connection with the appraisal, including a fee charged under |
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Subsection (e); and |
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(3) the appraisal must be completed within the period |
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established under Subsection (d-1). |
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(d-1) In consultation with the association, the |
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commissioner shall adopt rules establishing the period in which an |
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appraisal demanded under this section must be completed. In |
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adopting the rules, the commissioner shall: |
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(1) allow flexibility for an adequate investigation of |
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the claim that is the subject of the appraisal; and |
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(2) consider the time necessary to preserve the |
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independence of the appraisers. |
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SECTION 2. Not later than January 1, 2024, the commissioner |
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of insurance shall adopt rules required by Section 2210.574, |
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Insurance Code, as amended by this Act. |
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SECTION 3. Section 2210.574, Insurance Code, as amended by |
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this Act, applies only to an appraisal demanded on or after January |
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1, 2024. An appraisal demanded before January 1, 2024, is governed |
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by the law in effect on the date the appraisal was demanded, and |
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that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |