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Amend CSSB 127 (House Committee Printing) as follows:
(1) In SECTION 1.01 of the bill, in the heading to added Article 5.35-4, Insurance Code (page 1, line 9), strike ";
PERMISSIBLE SURCHARGES".
(2) In SECTION 1.01 of the bill, following added Section
3(b), Article 5.35-4, Insurance Code (page 2, between lines 23 and
24), add the following new subsections:
(c) An insurer may not use a prior water damage claim filed
by a person as a basis for determining the rate to be paid by the
person for insurance coverage or for determining whether to issue,
renew, or cancel an insurance policy to or for the person if the
person:
(1) properly remediated the prior water damage; and
(2) had the remediation inspected and certified by a
person or entity knowledgeable and experienced in the remediation
of water damage.
(d) An insurer may not use a prior water damage claim filed
regarding specific property as a basis for determining the rate to
be paid by a person for insurance coverage for that property or for
determining whether to issue, renew, or cancel an insurance policy
to or for a person seeking insurance coverage for that property if
the prior water damage was properly remediated and was inspected
and certified by a person knowledgeable and experienced in
remediation of water damage.
(e) An insurer may require the inspection and certification
of a remediation described by Subsection (c) or (d) of this section
to be conducted by a person or entity approved by the insurer to
inspect and certify the remediation of water damage. An insurer
requiring the inspection and certification of a remediation
described by Subsection (c) or (d) of this section to be conducted
by a person or entity approved by the insurer must ensure that
sufficient approved persons or entities are available to conduct
necessary inspections and certifications in this state. A person
or entity approved by an insurer may charge the applicant for
coverage or policyholder a fee, not to exceed $75, for the required
inspection and certification of the remediation. The insurer shall
pay any additional amount charged by the approved person or entity
in connection with the inspection and certification.
(3) In SECTION 1.01 of the bill, strike added Section 4,
Article 5.35-4, Insurance Code (page 2, line 24, through page 4,
line 3).
(4) In SECTION 1.01 of the bill, in added Section 5, Article
5.35-4, Insurance Code (page 4, line 4), strike "Sec. 5" and
substitute "Sec. 4".