By Flores                                             H.B. No. 1632

         75R6788 T                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the change of the name of the Texas Catastrophe

 1-3     Property Insurance Association to the Texas Windstorm Insurance

 1-4     Association.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 3.(2), Article 5.13-2, Texas Insurance

 1-7     Code, is amended to read as follows:

 1-8                 (2)  "Insurer" means an insurer to which Article 5.13

 1-9     of this code applies, but does not include the Texas [Catastrophe

1-10     Property] Windstorm Insurance Association.  However, the provisions

1-11     of Sections 4, 5, 6, and 7 of this article shall not apply to

1-12     Lloyd's or reciprocals with respect to commercial property

1-13     insurance.

1-14           SECTION 2.  Section 2., Article 21.49, Texas Insurance Code,

1-15     is amended to read as follows:

1-16           Sec. 2.  This Act shall be known as the "Texas [Catastrophe

1-17     Property] Windstorm Insurance [Pool] Association Act."

1-18           SECTION 3.  Section 3.(b), Article 21.49, Texas Insurance

1-19     Code, is amended to read as follows:

1-20           (b)  "Association" means the Texas [Catastrophe Property]

1-21     Windstorm Insurance Association as established pursuant to the

1-22     provisions of this Act.

1-23           SECTION 4.  Section 4. heading, Article 21.49, Texas

1-24     Insurance Code, is amended to read as follows:

 2-1           Creation of the Texas [Catastrophe Property] Windstorm

 2-2     Insurance Association

 2-3           SECTION 5.  Section 5 heading, Article 21.49, Texas Insurance

 2-4     Code, is amended to read as follows:

 2-5           Operation of the Texas [Catastrophe Property] Windstorm

 2-6     Insurance Association; Association Board of Directors

 2-7           SECTION 6.  Section (f), Article 24.17, Texas Insurance Code,

 2-8     is amended to read as follows:

 2-9           (f)  Whenever a financed insurance contract is cancelled, and

2-10     the premium finance agreement contains an assignment or power of

2-11     attorney for the benefit of the premium finance company, the

2-12     insurer shall return whatever unearned premiums are due under the

2-13     insurance contract directly to the premium finance company within

2-14     60 days after the policy cancellation date.  The insurer, however,

2-15     may deduct from the unearned premium returned to the premium

2-16     finance company the amount of unearned commission due from the

2-17     agent or agency writing the insurance if the insurer notifies such

2-18     agent or agency that such unearned commission should be returned to

2-19     the premium finance company.  The insurer shall remit the unearned

2-20     commission to the premium finance company within 120 days of the

2-21     policy cancellation date if the agent has not returned the same to

2-22     the premium finance company within 90 days after the policy

2-23     cancellation date.

2-24           Provided, however, agents or agencies shall be liable for the

2-25     return of unearned commissions on policies written through the

2-26     Texas [Catastrophe Property] Windstorm Insurance Association, the

2-27     Texas Automobile Insurance Plan, and the Texas Medical Liability

 3-1     Insurance Underwriting Association.  Agents or agencies placing

 3-2     business through these plans shall return the unearned commissions

 3-3     to the premium finance company within 60 days after the agent or

 3-4     agency has been notified of the cancellation.

 3-5           The insurer, except the Texas [Catastrophe Property]

 3-6     Windstorm Insurance Association, the Texas Automobile Insurance

 3-7     Plan, and the Texas Medical Liability Insurance Underwriting

 3-8     Association, may return the unearned premiums to the producing

 3-9     agent or agency; however, the insurer shall remain liable and remit

3-10     to the premium finance company within 120 days of the policy

3-11     cancellation date if the producing agent or agency does not return

3-12     the unearned premiums to the premium finance company within 90 days

3-13     after the policy cancellation date, provided the premium finance

3-14     company complied with the provisions of Article 24.22 herein.  In

3-15     the event the premium finance company fails to comply with the

3-16     provisions in Article 24.22 herein, the insurer, including the

3-17     Texas [Catastrophe Property] Windstorm Insurance Association, the

3-18     Texas Automobile Insurance Plan, and the Texas Medical Liability

3-19     Insurance Underwriting Association, may satisfy any legal

3-20     obligations it has to return the unearned premiums due under the

3-21     insurance contract to the insurance premium finance company or

3-22     returning said unearned premiums to the producing agent or agency.

3-23           SECTION 7.  Article 24.22, Texas Insurance Code, is amended

3-24     to read as follows:

3-25           Any premium finance company which enters into a premium

3-26     finance agreement which includes an assignment or power of attorney

3-27     shall notify either the insurer or the Texas [Catastrophe Property]

 4-1     Windstorm Insurance Association, the Texas Automobile Insurance

 4-2     Plan, or the Texas Medical Liability Insurance Underwriting

 4-3     Association whose premiums are being financed of the existence of

 4-4     such agreement and to whom the premium payment has been made.

 4-5     Provided, however, the premium finance company shall notify and

 4-6     fund all premiums to county mutual insurance companies unless the

 4-7     premium finance company is authorized in writing by the county

 4-8     mutual to notify or fund an agent or managing general agent.

 4-9     Notification shall be made within 30 days of the date the agreement

4-10     is accepted by the premium finance company.

4-11           SECTION 8.  The importance of this legislation and the

4-12     crowded condition of the calendars in both houses create an

4-13     emergency and an imperative public necessity that the

4-14     constitutional rule requiring bills to be read on three several

4-15     days in each house be suspended, and this rule is hereby suspended,

4-16     and that this Act take effect and be in force from and after its

4-17     passage, and it is so enacted.