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Amend SB 99 (House Committee Printing) by inserting the
following appropriately numbered SECTIONS of the bill and
renumbering subsequent SECTIONS accordingly:
SECTION ___. The heading to Subtitle F, Title 5, Insurance
Code, is amended to read as follows:
SUBTITLE F. INSURANCE FRAUD AND IDENTITY THEFT
SECTION ___. Subtitle F, Title 5, Insurance Code, is amended
by adding Chapter 706 to read as follows:
CHAPTER 706. IDENTITY THEFT INSURANCE
Sec. 706.001. DEFINITIONS. (a) The definitions adopted under
Article 5.13–2 apply to this chapter.
(b) In this chapter, "identity theft" means a criminal
offense described by Section 32.51, Penal Code, or a substantially
similar federal law or law in another state.
Sec. 706.002. COVERAGE AUTHORIZED. (a) An insurer
authorized to write property and casualty insurance in this state
may offer and issue insurance coverage for a loss suffered by a
policyholder as a result of the policyholders' being a victim of
identity theft or attempted identity theft.
(b) Coverage authorized by Subsection (a) may be:
(1) offered as a separate insurance policy or as a
rider or endorsement to:
(A) a residential and commercial property
insurance policy; or
(B) a personal or commercial casualty insurance
policy; and
(2) underwritten and issued as an individual or group
insurance policy.
Sec. 706.003. ELIGIBLE POLICYHOLDERS. (a) An insurer may
issue coverage authorized under Section 706.002 to:
(1) an individual; or
(2) a group, business, employer, association, trustee,
or other entity for the benefit of its members, customers,
employees, members, or beneficiaries.
(b) An entity described by Subsection (a)(2) may be a group
that:
(1) is formed solely for the purpose of obtaining
insurance coverage under this chapter; or
(2) has already been formed for a purpose other than
for obtaining insurance coverage under this chapter and that is
described by Subsection (a)(2).
Sec. 706.004. RATES AND FORMS. Notwithstanding any other
law, rates and forms for insurance coverage issued under this
chapter are governed by Article 5.13–2.
Sec. 706.005. RULES. The commissioner may adopt rules as
necessary to implement this article.
SECTION ___. Section 2(a), Article 5.13–2, Insurance Code,
is amended to read as follows:
(a) This article applies to all lines of the following
insurance written under policies or contracts of insurance issued
by an insurer authorized to engage in the business of insurance in
this state:
(1) general liability insurance;
(2) commercial property insurance, including farm and
ranch insurance and farm and ranch owners insurance;
(3) personal and commercial casualty insurance, except
as provided by Subsection (b) of this section;
(4) medical professional liability insurance;
(5) fidelity and surety bonds other than criminal court
appearance bonds;
(6) personal umbrella insurance;
(7) personal liability insurance;
(8) guaranteed auto protection (GAP) insurance;
(9) involuntary unemployment insurance;
(10) financial guaranty insurance;
(11) inland marine insurance;
(12) rain insurance;
(13) hail insurance on farm crops; [and]
(14) commercial automobile insurance; and
(15) identity theft insurance coverage issued under
Chapter 706.