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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of information to claims databases by |
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insurers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Insurance Code, is amended |
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by adding Chapter 563 to read as follows: |
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CHAPTER 563. PRACTICES RELATING TO CLAIMS REPORTING |
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Sec. 563.001. DEFINITIONS. In this chapter: |
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(1) "Claims database" means a database used by |
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insurers to share, among insurers, insureds' claims histories or |
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damage reports concerning covered properties. |
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(2) "Insurer," "personal automobile insurance," and |
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"residential property insurance" have the meanings assigned by |
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Section 2254.001. |
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Sec. 563.002. REPORTING TO CLAIMS DATABASE. An insurer or |
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an insurer's agent may not report to a claims database information |
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regarding an inquiry by an insured regarding coverage provided |
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under a personal automobile insurance policy or a residential |
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property insurance policy unless and until the insured files a |
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claim under the policy. |
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Sec. 563.003. NOTICE TO INSUREDS. On the issuance or |
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renewal of a personal automobile insurance policy or a residential |
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property insurance policy, or in a notice concerning a change in the |
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terms of a personal automobile insurance policy or a residential |
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property insurance policy, the insurer or the insurer's agent |
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shall: |
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(1) notify the insured or potential insured of the |
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insured's right under federal law to obtain a free annual claims |
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history report from applicable claims databases; and |
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(2) provide the insured or potential insured with |
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written instructions explaining how the insured may obtain the |
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annual claims history report described by Subdivision (1). |
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SECTION 2. This Act takes effect September 1, 2011. |