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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 83(R)

Senate Bill 1074

Senate Author:  Hegar

Effective:  9-1-13

House Sponsor:  Bonnen, Greg


            Senate Bill 1074 amends the Insurance Code to authorize a required notice or other written communication with a party in an insurance transaction, or that is to serve as evidence of insurance coverage, to be delivered, stored, or presented by electronic means only if such delivery, storage, or presentment complies with the state Uniform Electronic Transactions Act.  The bill authorizes a written communication to be electronically delivered to a party by an entity regulated by the Texas Department of Insurance or the entity's agent or agency if, among other criteria, the party affirmatively consents to such delivery and has not withdrawn the consent and the party is provided with certain information before giving consent. The bill sets out provisions relating to the effect of an entity's failure to obtain or confirm electronic consent or a party's withdrawal of consent on the legal effectiveness, validity, or enforceability of an insurance contract or policy.  The bill authorizes electronic delivery of written communication where verification or acknowledgment of receipt is required only if the method used for such delivery provides for verification or acknowledgment.