82R25495 RWG-F
 
  By: Thompson H.B. No. 2093
 
  Substitute the following for H.B. No. 2093:
 
  By:  Taylor of Galveston C.S.H.B. No. 2093
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation and regulation of certain consolidated
  insurance programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 2, Insurance Code, is amended by adding
  Subtitle C to read as follows:
  SUBTITLE C. PROGRAMS AFFECTING MULTIPLE LINES OF INSURANCE
  CHAPTER 151. CONSOLIDATED INSURANCE PROGRAMS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 151.001.  DEFINITIONS. In this chapter:
               (1)  "Consolidated insurance program" means a program
  under which a principal provides general liability insurance
  coverage, workers' compensation insurance coverage, or both that
  are incorporated into an insurance program for a single
  construction project or multiple construction projects.
               (2)  "Construction project" means construction,
  remodeling, maintenance, or repair of improvements to real
  property.  The term includes the immediate construction location
  and areas incidental and necessary to the work as defined in the
  construction contract documents.  A construction project under this
  chapter does not include a single-family home, duplex, triplex, or
  quadruplex.
               (3)  "Contractor" means any person who has entered into
  a construction contract or a professional services contract and is
  enrolled in the consolidated insurance program.
               (4)  "Insurer" means an insurance company, including a
  mutual insurance company or a capital stock company, a reciprocal
  or interinsurance exchange, a Lloyd's plan, or another legal entity
  authorized to engage in the business of general liability insurance
  or workers' compensation insurance in this state. The term
  includes an eligible surplus lines insurer.
               (5)  "Principal" means the person who procures the
  insurance policy under a consolidated insurance program.
         Sec. 151.002.  RULES. The commissioner shall adopt rules as
  necessary to implement and enforce this chapter.
  [Sections 151.003-151.050 reserved for expansion]
  SUBCHAPTER B. GENERAL REQUIREMENTS
         Sec. 151.051.  DURATION OF GENERAL LIABILITY COVERAGE. A
  consolidated insurance program that provides general liability
  insurance coverage must provide completed operations insurance
  coverage for a policy period of not less than three years.
  [Sections 151.052-151.100 reserved for expansion]
  SUBCHAPTER C.  NONWAIVER
         Sec. 151.101.  NONWAIVER.  A provision of this chapter may
  not be waived by contract or otherwise.
         SECTION 2.  Chapter 151, Insurance Code, as added by this
  Act, applies only to a new or renewed consolidated insurance
  program for a construction project that begins on or after January
  1, 2012. A consolidated insurance program for a construction
  project that begins before January 1, 2012, 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.
         SECTION 3.  This Act takes effect September 1, 2011.