74R11816 E
          By Hunter of Nueces                                   H.B. No. 2676
          Substitute the following for H.B. No. 2676:
          By Counts                                         C.S.H.B. No. 2676
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the operation of the Texas Catastrophe Property
    1-3  Insurance Association and adjustment of liability limits for
    1-4  insurance coverage.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 8D, Texas Catastrophe Property Insurance
    1-7  Pool Act (Article 21.49, Insurance Code), is amended to read as
    1-8  follows:
    1-9        Sec. 8D.  Liability limits.  (a)  The maximum limits of
   1-10  liability under a <A> policy of windstorm and hail insurance issued
   1-11  by the Association under this Act shall be determined by the board
   1-12  of directors of the Association and included in the plan of
   1-13  operation.  In no event shall the board of directors provide for
   1-14  maximum limits less than <coverage for any one insurable property
   1-15  in amounts equal to>:
   1-16              (1)  $250,000 for a dwelling and the corporeal movable
   1-17  property located in the dwelling, as the term "dwelling" is defined
   1-18  in the special dwelling, homeowners, or farm and ranch property
   1-19  owners schedules of the Texas Personal Lines Manual <General Basis
   1-20  Schedule>;
   1-21              (2)  $2 million for a building and the corporeal
   1-22  movable property located in the building that is owned by, and at
   1-23  least 75 percent of which is occupied by, a governmental entity, or
    2-1  that is not owned by, but is wholly and exclusively occupied by, a
    2-2  governmental entity;
    2-3              (3)  $750,000 per building for an apartment,
    2-4  condominium, or townhouse defined as a risk under the apartment
    2-5  house rating schedule, residential condominium rating schedule, or
    2-6  townhouse unit rating schedule of the Texas Commercial Lines Manual
    2-7  <General Basis Schedule> and the corporeal movable property of the
    2-8  owner of the structure in which the apartment, condominium, or
    2-9  townhouse is located;
   2-10              (4)  $100,000 for individually owned corporeal movable
   2-11  property located in an apartment, condominium, or townhouse unit
   2-12  that is occupied by the owner of that property; and
   2-13              (5)  $1 million for a structure other than a dwelling
   2-14  or a public building and the corporeal movable property located in
   2-15  that structure.
   2-16        (b)  Liability limits for insurable property that is not
   2-17  covered under Subsection (a) of this section shall be established
   2-18  by the plan of operation.
   2-19        (c)(1)  The board of directors of the Association, not later
   2-20  than September 1 of each year, <Board, as part of the annual rate
   2-21  hearings conducted by the Board,> shall adjust to the nearest
   2-22  $1,000 in round numbers the liability limits for inflation,
   2-23  including the limits set by Subsection (a) of this section, at a
   2-24  rate that reflects any change in the BOECKH <BOECK> Index.  If the
   2-25  BOECKH Index ceases to exist, the board of directors shall adjust
    3-1  the liability limits for inflation based on any <or> other index
    3-2  that reflects <may accurately reflect> changes in the cost of
    3-3  construction or residential values in the catastrophe area.  An
    3-4  adjustment in liability limits applies to all policies of windstorm
    3-5  and hail insurance with an effective date on or after January 1 of
    3-6  the year following the board of director's adjustment to the
    3-7  liability limits.  The indexing of the limits of liability shall
    3-8  apply as determined <by the Board> on and after January 1, 1992.
    3-9              (2)  The board of directors of the Association may make
   3-10  additional increases in the limits of liability as it deems
   3-11  necessary for the purposes of this Act.  Adjustments of liability
   3-12  limits under this subsection shall be included in the plan of
   3-13  operation.
   3-14        (d)  Within 10 days following the adjustment of liability
   3-15  limits under Subsection (c) of this section, the Association shall
   3-16  make a written filing with the Texas Department of Insurance which
   3-17  shall include a statement of the adjusted liability limits, a
   3-18  statement of liability limits in effect immediately preceding such
   3-19  adjustment, a brief summary of the changes to the BOECKH Index on
   3-20  which the adjustments are based, and a brief summary of the
   3-21  calculations used for making the adjustments.  The Texas Department
   3-22  of Insurance shall make this filing available for public
   3-23  inspection.  The filing of the Association shall be deemed approved
   3-24  unless disapproved by the Commissioner within 30 days after receipt
   3-25  of the filing.
    4-1        (e)  Notwithstanding Subsections (b) and (c) of this section,
    4-2  the board of directors <Board> may not adjust liability limits to
    4-3  amounts lower than the amounts adopted under Subsection (a) of this
    4-4  section.
    4-5        (f) <(e)>  A policyholder who is insured on September 1,
    4-6  1991, for an amount higher than the liability limits prescribed by
    4-7  Subsection (a) of this section may not be required to reduce the
    4-8  insurance coverage to an amount lower than the amount in effect on
    4-9  September 1, 1991.
   4-10        SECTION 2.  Section 3(h), Article 21.49, Insurance Code, is
   4-11  amended to read as follows:
   4-12        (h)  "Catastrophe Area" means a city in whole or in part or
   4-13  county in whole or in part in which it may be determined by the
   4-14  Commissioner <Board>, after notice of not less than 10 days and a
   4-15  hearing, that windstorm and hail insurance is not reasonably
   4-16  available to a substantial number of owners of insurable property
   4-17  within such city or portion thereof or county or portion thereof,
   4-18  due to such insurable property being located within a city or
   4-19  portion thereof or county or portion thereof subject to unusually
   4-20  frequent and severe damage resulting from windstorms and/or
   4-21  hailstorms.  Such designation shall be revoked by the Commissioner
   4-22  <Board> if it is determined <determines>, after notice of not less
   4-23  than 10 days and a hearing, that windstorm and hail insurance in
   4-24  such catastrophe area is no longer reasonably unavailable to a
   4-25  substantial number of owners of insurable property within such
    5-1  designated city or portion thereof or county or portion thereof.
    5-2  If the Association shall determine that windstorm and hail
    5-3  insurance is no longer reasonably unavailable to a substantial
    5-4  number of owners of insurable property in any designated
    5-5  catastrophe area or areas, then the Association may request in
    5-6  writing that the Commissioner <Board> revoke the designation of any
    5-7  or all such catastrophe areas and, after notice of not less than 10
    5-8  days and a hearing, but within 30 days of such hearing, the
    5-9  Commissioner <Board> shall either approve or reject the
   5-10  Association's request and shall, if such request be approved,
   5-11  revoke such designation or designations.
   5-12        SECTION 3.  Section 8A, Article 21.49, Insurance Code, is
   5-13  amended to read as follows:
   5-14        Sec. 8A.  Replacement cost coverage.  (a)  A policy of
   5-15  windstorm and hail insurance issued by the Association may include
   5-16  replacement cost coverage for one and two-family dwellings
   5-17  including other structures, as those terms are <that term is>
   5-18  defined in the Texas Personal Lines Manual <General Basis
   5-19  Schedule>, subject to any applicable deductibles and the limits for
   5-20  the coverage purchased by the insured.  The Commissioner shall
   5-21  promulgate applicable forms for use by the Association consistent
   5-22  with forms promulgated by the Commissioner for residential property
   5-23  insurers.  <The replacement cost coverage does not apply to outdoor
   5-24  antennas, aerials, carpeting, awnings, appliances, or other outdoor
   5-25  equipment, whether or not attached to the insured dwelling.>
    6-1        (b)  If, at the time of loss, the total amount of insurance
    6-2  applicable to the dwelling is equal to 80 percent or more of the
    6-3  full replacement cost of the dwelling or equal to the maximum
    6-4  amount of insurance otherwise available through the Association,
    6-5  coverage applicable to the dwelling under the policy is extended to
    6-6  include the full cost of repair or replacement, without a deduction
    6-7  for depreciation.  If, at the time of loss, the total amount of
    6-8  insurance applicable to the dwelling is equal to less than 80
    6-9  percent of the full replacement cost of the dwelling and less than
   6-10  the maximum amount of insurance available through the Association,
   6-11  liability for loss under the policy may not exceed the replacement
   6-12  cost of that part of the dwelling damaged or destroyed, less
   6-13  depreciation.
   6-14        (c)  The Board may promulgate such rules and regulations as
   6-15  necessary to implement this section.
   6-16        SECTION 4.  This Act takes effect on September 1, 1995.
   6-17        SECTION 5.  The importance of this legislation and the
   6-18  crowded condition of the calendars in both houses create an
   6-19  emergency and an imperative public necessity that the
   6-20  constitutional rule requiring bills to be read on three several
   6-21  days in each house be suspended, and this rule is hereby suspended,
   6-22  and that this Act take effect and be in force according to its
   6-23  terms, and it is so enacted.