Amend CSSB 1007 (Senate committee printing) by inserting the
following appropriately numbered Article and renumbering existing
Articles accordingly:
ARTICLE _. STANDARD FORMS
SECTION _.001. Section 2301.008, Insurance Code, is amended
to read as follows:
Sec. 2301.008. ADOPTION AND USE OF STANDARD FORMS. The
commissioner shall [may] adopt standard insurance policy forms,
printed endorsement forms, and related forms other than insurance
policy forms and printed endorsement forms, that an insurer shall
[may] use in addition to [instead of] the insurer's own forms in
writing insurance subject to this subchapter.
SECTION _.002. Section 2301.052(b), Insurance Code, is
amended to read as follows:
(b) Subject to Section 2301.0525, an [An] insurer may
continue to use an insurance policy form or endorsement
promulgated, approved, or adopted under Article 5.06 or 5.35 before
June 11, 2003, on written notification to the commissioner that the
insurer will continue to use the form or endorsement.
SECTION _.003. Subchapter B, Chapter 2301, Insurance Code,
is amended by adding Section 2301.0525 to read as follows:
Sec. 2301.0525. USE OF MINIMUM STANDARD INSURANCE POLICY
FORMS REQUIRED. (a) Each insurer that writes residential property
insurance in this state shall use the standard insurance policy
forms adopted by the commissioner under Section 2301.008 for
residential property insurance and, subject to Subsection (b), may
also use alternative policy forms approved by the commissioner
under Section 2301.006.
(b) An insurer may not deliver or issue for delivery in this
state a residential property insurance policy unless the insurer
informs each applicant for that insurance coverage, in the manner
prescribed by commissioner rule, that an applicant otherwise
qualified for that insurance coverage under this code may elect to
obtain residential property insurance coverage under a standard
insurance policy adopted by the commissioner under Section
2301.008.
(c) An insurer that offers coverage under the standard
policy forms shall disclose to the applicant or insured, at the time
of the initial application and each renewal, each policy limit and
type of coverage available to the insured and the respective costs
for each coverage. The form of the disclosure shall be specified by
the commissioner, subject to Section 2301.053(c).
(d) An insurer that offers coverage under approved forms
other than the standard policy forms shall disclose to the
applicant or insured, at the time of the initial application and
each renewal, in comparison to the standard policy forms each
additional coverage that is provided and the additional cost, each
reduction in coverage or exclusion of coverage and the reduced
cost, and each policy limit and type of coverage available to the
insured and the respective costs for each coverage. The form of the
disclosure shall be specified by the commissioner, subject to
Section 2301.053(c).
SECTION _.004. The change in law made by this article
applies only to an insurance policy delivered, issued for delivery,
or renewed on or after January 1, 2010. A policy delivered, issued
for delivery, or renewed before January 1, 2010, is governed by the
law as it existed immediately before the effective date of this Act,
and that law is continued in effect for that purpose.