By Hunter of Nueces                                   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, Article 21.49, Insurance Code, is
    1-7  amended to read as follows:
    1-8        Sec. 8D.  (a)  The maximum limits of liability under a <A>
    1-9  policy of windstorm and hail insurance issued by the Association
   1-10  under this Act shall be determined by the board of directors of the
   1-11  Association and included in the plan of operation.  In no event
   1-12  shall the board of directors provide for maximum limits less than
   1-13  <coverage for any one insurable property in amounts equal to>:
   1-14              (1)  $250,000 for a dwelling and the corporeal movable
   1-15  property located in the dwelling, as the term "dwelling" is defined
   1-16  in the special dwelling, homeowners, or farm and ranch property
   1-17  owners schedules of the Texas Personal Lines Manual <General Basis
   1-18  Schedule>;
   1-19              (2)  $2 million for a building and the corporeal
   1-20  movable property located in the building that is owned by, and at
   1-21  least 75 percent of which is occupied by, a governmental entity, or
   1-22  that is not owned by, but is wholly and exclusively occupied by, a
   1-23  governmental entity;
    2-1              (3)  $750,000 per building for an apartment,
    2-2  condominium, or townhouse defined as a risk under the apartment
    2-3  house rating schedule, residential condominium rating schedule, or
    2-4  townhouse unit rating schedule of the Texas Commercial Lines Manual
    2-5  <General Basis Schedule> and the corporeal movable property of the
    2-6  owner of the structure in which the apartment, condominium, or
    2-7  townhouse is located;
    2-8              (4)  $100,000 for individually owned corporeal movable
    2-9  property located in an apartment, condominium, or townhouse unit
   2-10  that is occupied by the owner of that property; and
   2-11              (5)  $1 million for a structure other than a dwelling
   2-12  or a public building and the corporeal movable property located in
   2-13  that structure.
   2-14        (b)  Liability limits for insurable property that is not
   2-15  covered under Subsection (a) of this section shall be established
   2-16  by the plan of operation.
   2-17        (c)(1)  The board of directors of the Association, not later
   2-18  than September 1 of each year, <Board, as part of the annual rate
   2-19  hearings conducted by the Board,> shall adjust to the nearest
   2-20  $1,000 in round numbers the liability limits for inflation,
   2-21  including the limits set by Subsection (a) of this section, at a
   2-22  rate that reflects any change in the BOECKH Index.  If the BOECKH
   2-23  Index ceases to exist, the board of directors shall adjust the
   2-24  liability limits for inflation based on any <or> other index that
   2-25  <may accurately reflect> reflects changes in the cost of
    3-1  construction or residential values in the catastrophe area.  An
    3-2  adjustment in liability limits applies to all policies of windstorm
    3-3  and hail insurance with an effective date on or after January 1 of
    3-4  the year following the board of director's adjustment to the
    3-5  liability limits.  The indexing of the limits of liability shall
    3-6  apply as determined <by the Board> on and after January 1, 1992.
    3-7              (2)  The board of directors of the Association may make
    3-8  additional increases in the limits of liability as it deems
    3-9  necessary for the purposes of this Act.  Adjustments of liability
   3-10  limits under this subsection shall be included in the plan of
   3-11  operation.
   3-12        (d)  Within 10 days following the adjustment of liability
   3-13  limits under Subsection (c) of this section, the Association shall
   3-14  make a written filing with the Texas Department of Insurance which
   3-15  shall include a statement of the adjusted liability limits, a
   3-16  statement of liability limits in effect immediately preceding such
   3-17  adjustment, a brief summary of the changes to the BOECKH Index on
   3-18  which the adjustments are based, and a brief summary of the
   3-19  calculations used for making the adjustments.  The Texas Department
   3-20  of Insurance shall make this filing available for public
   3-21  inspection.
   3-22        (e) <(d)>  Notwithstanding Subsections (b) and (c) of this
   3-23  section, the board of directors <Board> may not adjust liability
   3-24  limits to amounts lower than the amounts adopted under Subsection
   3-25  (a) of this section.
    4-1        (f) <(e)>  A policyholder who is insured on September 1,
    4-2  1991, for an amount higher than the liability limits prescribed by
    4-3  Subsection (a) of this section may not be required to reduce the
    4-4  insurance coverage to an amount lower than the amount in effect on
    4-5  September 1, 1991.
    4-6        SECTION 2.  This Act takes effect on September 1, 1995.
    4-7        SECTION 3.  The importance of this legislation and the
    4-8  crowded condition of the calendars in both houses create an
    4-9  emergency and an imperative public necessity that the
   4-10  constitutional rule requiring bills to be read on three several
   4-11  days in each house be suspended, and this rule is hereby suspended
   4-12  and that this Act take effect and be in force according to its
   4-13  terms, and it is so enacted.