By:  Carona                                            S.B. No. 431
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a specialty insurance agent license for certain persons
 1-3     who rent real property for residential use.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (a), Section 1, Article 21.09,
 1-6     Insurance Code, is amended to read as follows:
 1-7           (a)  The commissioner may issue a specialty license to an
 1-8     applicant who has complied with the requirements of this article.
 1-9     A specialty license authorizes the license holder to act as an
1-10     agent for the types of insurance specified in this article for any
1-11     insurer authorized to write these types of insurance in this state.
1-12     A person who holds a license under this article is known as a
1-13     "specialty license holder."  The commissioner may adopt rules
1-14     necessary to implement this article and to meet the minimum
1-15     requirements of federal law and regulations.
1-16           SECTION 2.  Section 6, Article 21.09, Insurance Code, is
1-17     amended to read as follows:
1-18           Sec. 6.  RESIDENTIAL RENTER LICENSE.  (a)  In this section:
1-19                 (1)  "Residential landlord" means a person engaged in
1-20     the business of leasing residential rental property.  The term
1-21     includes an affiliate of that person.
1-22                 (2)  "Residential rental agreement" means a written
1-23     agreement that sets forth the terms and conditions governing the
1-24     use and habitation of residential rental property.
1-25                 (3)  "Residential rental property" means a unit of real
 2-1     property that is rented on a periodic basis to a residential renter
 2-2     for use as a habitation.  The term includes any common areas used
 2-3     by the person.
 2-4                 (4)  "Residential renter" means a person who obtains
 2-5     the right under a residential rental agreement to use and inhabit
 2-6     residential rental property.
 2-7           (b)  Notwithstanding any other provision of this article or
 2-8     this code, the commissioner may issue a specialty license under
 2-9     Section 1 of this article to a residential landlord, or to the
2-10     property manager of a residential landlord, who complies with this
2-11     section only for the limited purposes set forth in this section.
2-12           (c)  A residential landlord or property manager licensed
2-13     under Section 1 of this article may act as an agent for any
2-14     authorized insurer only in connection with the rental of
2-15     residential rental property that the landlord or property manager
2-16     leases and only with respect to:
2-17                 (1)  insurance that provides hazard insurance coverage
2-18     to residential renters for loss of, or damage to, tangible personal
2-19     property during the term of the residential rental agreement;
2-20                 (2)  insurance that provides liability insurance
2-21     coverage to residential renters for bodily injury or property
2-22     damage during the term of the residential rental agreement; or
2-23                 (3)  any other coverage the commissioner may approve as
2-24     meaningful and appropriate in connection with the lease of the
2-25     residential rental property.
2-26           (d)  Insurance may not be issued under this section unless
 3-1     the brochures or other written materials containing the disclosures
 3-2     required by Section 1(g) of this article are prominently displayed
 3-3     and readily available to the prospective residential renter.
 3-4           (e)  A license holder under this section must include in each
 3-5     lease agreement under which the license holder offers insurance
 3-6     under this section a conspicuous disclaimer, in the format
 3-7     prescribed by the commissioner, that states substantially the
 3-8     following:
 3-9                 (1)  purchase of insurance from the license holder is
3-10     not required as a condition of entering into the lease agreement;
3-11                 (2)  the insurance coverage is available from other
3-12     insurers and agents;
3-13                 (3)  the insurance coverage offered by the license
3-14     holder may be offered at rates that are not filed with, or approved
3-15     by, the commissioner;
3-16                 (4)  the consumer is advised to seek and obtain the
3-17     best rates and coverage;
3-18                 (5)  the insurance coverage may be canceled at the
3-19     option of the consumer, with the consumer receiving any refund to
3-20     which the consumer is entitled; and
3-21                 (6)  the cost of any insurance coverage offered by the
3-22     license holder under this section will be added to the rent due
3-23     under the lease agreement.
3-24           (f)  The disclaimer required under Subsection (e) of this
3-25     section must be printed in bold-faced type. [RULES.  The
3-26     commissioner may adopt rules necessary to implement this article
 4-1     and to meet the minimum requirements of federal law and
 4-2     regulations.]
 4-3           SECTION 3.  (a)  This Act takes effect September 1, 2001.
 4-4           (b)  A residential landlord or property manager for a
 4-5     residential landlord is not required to be licensed as provided by
 4-6     Section 6, Article 21.09, Insurance Code, as amended by this Act,
 4-7     before January 1, 2002.