1-1     By:  Junell (Senate Sponsor - Duncan)                 H.B. No. 1408
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Business
 1-4     and Commerce; May 11, 2001, reported favorably by the following
 1-5     vote:  Yeas 7, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the refund of unearned premiums by an insurer.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1. Subchapter E, Chapter 21, Insurance Code, is
1-11     amended by adding Article 21.29 to read as follows:
1-12           Art. 21.29.  REFUND OF UNEARNED PREMIUM REQUIRED. (a)  In
1-13     this article, "insurer" means an insurance company or other entity
1-14     that is authorized to engage in the business of insurance in this
1-15     state, including:
1-16                 (1)  a domestic or foreign, stock or mutual, life,
1-17     health, or accident insurance company;
1-18                 (2)  a domestic or foreign, stock or mutual, fire and
1-19     casualty insurance company;
1-20                 (3)  a Mexican casualty company;
1-21                 (4)  a farm mutual insurance company;
1-22                 (5)  a county mutual insurance company;
1-23                 (6)  a domestic or foreign Lloyd's plan insurer;
1-24                 (7)  a domestic or foreign reciprocal or insurance
1-25     exchange;
1-26                 (8)  a domestic or foreign fraternal benefit society;
1-27                 (9)  a stipulated premium insurance company;
1-28                 (10)  a nonprofit legal service corporation;
1-29                 (11)  a statewide mutual assessment company;
1-30                 (12)  a local mutual aid association;
1-31                 (13)  a local mutual burial association;
1-32                 (14)  an association exempt under Article 14.17 of this
1-33     code;
1-34                 (15)  a nonprofit hospital, medical, or dental service
1-35     corporation, including a company subject to Chapter 20 of this
1-36     code;
1-37                 (16)  a risk retention group;
1-38                 (17)  a purchase group;
1-39                 (18)  a surplus lines carrier; and
1-40                 (19)  a guaranty association created and operating
1-41     under Article 21.28-C or 21.28-D of this code.
1-42           (b)  If an insurer issues a policy of insurance that requires
1-43     the insurer to maintain an unearned premium reserve for the portion
1-44     of the written policy premium applicable to the unexpired or unused
1-45     part of the policy period for which the premium has been paid and
1-46     the policy is canceled or terminated by the insured or the insurer
1-47     before the end of the policy term with a remaining unearned premium
1-48     reserve on the policy, the insurer shall promptly refund to the
1-49     policyholder the appropriate portion of the unearned premium.
1-50           (c)  A guaranty association shall promptly refund an unearned
1-51     premium to the special assigned deputy receiver on receipt of
1-52     applicable information.
1-53           (d)  The commissioner shall adopt rules necessary to
1-54     implement this article and provide appropriate guidelines for
1-55     determining the portion of an unearned premium that must be
1-56     refunded to a policyholder under this article.
1-57           (e)  Nothing in this article affects the obligation of an
1-58     insurer to pay an unearned premium to a premium finance company in
1-59     accordance with Article 24.17(f) of this code.
1-60           SECTION 2. (a)  This Act takes effect September 1, 2001.
1-61           (b)  The change in law made by Article 21.29, Insurance Code,
1-62     as added by this Act, applies only to an insurance premium paid to
1-63     an insurer on or after January 1, 2002.  An insurance premium paid
1-64     before January 1, 2002, is governed by the law in effect
 2-1     immediately before the effective date of this Act, and that law is
 2-2     continued in effect for that purpose.
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