77R10851 DLF-F                           
         By Junell                                             H.B. No. 2527
         Substitute the following for H.B. No. 2527:
         By Brimer                                         C.S.H.B. No. 2527
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certificates of insurance used to evidence the
 1-3     existence of certain insurance coverage.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter E, Chapter 21, Insurance Code, is
 1-6     amended by adding Article 21.29 to read as follows:
 1-7           Art. 21.29.  CERTIFICATES OF INSURANCE. (a)  In this article,
 1-8     "insurance company" means any insurer, including reciprocal or
 1-9     interinsurance exchange, county mutual insurance company, Lloyd's
1-10     plan and surplus lines insurer, authorized to write or eligible to
1-11     provide insurance in this state for the types of policies subject
1-12     to this article.
1-13           (b)  The commissioner shall by rule establish requirements
1-14     for a certificate of insurance issued by an insurance company or
1-15     the company's authorized representative to be used as evidence of
1-16     the existence of a workers' compensation policy or commercial
1-17     liability policy, including commercial automobile and general
1-18     liability.  The rules must include requirements to assist an
1-19     individual relying on a certificate of insurance as proof of
1-20     insurance to verify the accuracy of the information contained in
1-21     the certificate of insurance.
1-22           (c)  The certificate of insurance must include any
1-23     information required by the commissioner and, at minimum, must
1-24     include:
 2-1                 (1)  the name of each insured covered under the policy;
 2-2                 (2)  the name, the mailing address, and the toll-free
 2-3     telephone number of the insurance company providing the coverage
 2-4     required to be maintained under Article 21.71 of this code;
 2-5                 (3)  each policy number;
 2-6                 (4)  each policy effective date;
 2-7                 (5)  each policy expiration date;
 2-8                 (6)  the name and address of the certificate holder;
 2-9                 (7)  the printed name of the individual issuing the
2-10     certificate of insurance;
2-11                 (8)  the signature of the individual issuing the
2-12     certificate of insurance;
2-13                 (9)  the name and mailing address of the company or
2-14     agency for whom the individual that is issuing the certificate of
2-15     insurance is employed;
2-16                 (10)  the license number issued by the department for
2-17     the individual or the agency, if the individual issuing the
2-18     certificate of insurance is employed by an insurance agency; and
2-19                 (11)  the National Association of Insurance
2-20     Commissioners number for the insurance company, if the individual
2-21     issuing the certificate of insurance is employed by an insurance
2-22     company.
2-23           (d)  An insurance company that cancels a policy subject to
2-24     this article or that does not renew the policy on or before the
2-25     anniversary date of the policy shall deliver notice of the
2-26     cancellation or nonrenewal to the insured and each certificate
2-27     holder who makes a written or electronic request to the insurance
 3-1     company or agency for notice of the cancellation or nonrenewal.
 3-2           (e)  For commercial liability policies, the notice to the
 3-3     certificate holder under Subsection (d) of this section must be
 3-4     provided in accordance with the notice requirements of Article
 3-5     21.49-2A of this code.  For a policy provided by an eligible
 3-6     surplus lines insurer, the notice to the certificate holder must be
 3-7     provided in accordance with Section 6(d), Article 1.14-2 of this
 3-8     code.  For workers' compensation policies, the notice to the
 3-9     certificate holder must be provided in accordance with the notice
3-10     requirements of Section 406.008(a), Labor Code.
3-11           SECTION 2. Section 406.008(a), Labor Code, is amended to read
3-12     as follows:
3-13           (a)  An insurance company that cancels a policy of workers'
3-14     compensation insurance or that does not renew the policy by the
3-15     anniversary date of the policy shall deliver notice of the
3-16     cancellation or nonrenewal [by certified mail or in person] to the
3-17     employer, [and] the commission, and each person who requests notice
3-18     of the cancellation or nonrenewal in writing. The notice must be
3-19     provided by certified mail or in person not later than:
3-20                 (1)  the 30th day before the date on which the
3-21     cancellation or nonrenewal takes effect; or
3-22                 (2)  the 10th day before the date on which the
3-23     cancellation or nonrenewal takes effect if the insurance company
3-24     cancels or does not renew because of:
3-25                       (A)  fraud in obtaining coverage;
3-26                       (B)  misrepresentation of the amount of payroll
3-27     for purposes of premium calculation;
 4-1                       (C)  failure to pay a premium when due;
 4-2                       (D)  an increase in the hazard for which the
 4-3     employer seeks coverage that results from an act or omission of the
 4-4     employer and that would produce an increase in the rate, including
 4-5     an increase because of a failure to comply with:
 4-6                             (i)  reasonable recommendations for loss
 4-7     control; or
 4-8                             (ii)  recommendations designed to reduce a
 4-9     hazard under the employer's control within a reasonable period; or
4-10                       (E)  a determination made by the commissioner of
4-11     insurance that the continuation of the policy would place the
4-12     insurer in violation of the law or would be hazardous to the
4-13     interest of subscribers, creditors, or the general public.
4-14           SECTION 3. (a)  This Act takes effect September 1, 2001.
4-15           (b)  The commissioner of insurance shall adopt rules as
4-16     required by Article 21.29, Insurance Code, as added by this Act,
4-17     not later than December 1, 2001.
4-18           (c)  Article 21.29, Insurance Code, as added by this Act,
4-19     applies only to a certificate of insurance issued on or after
4-20     January 1, 2002.