|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the operation of the Texas Windstorm Insurance |
|
Association and to the resolution of certain disputes concerning |
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claims made to that association. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 83.002, Insurance Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) This chapter also applies to: |
|
(1) a person appointed as a qualified inspector under |
|
Section 2210.254 or 2210.255; and |
|
(2) a person acting as a qualified inspector under |
|
Section 2210.254 or 2210.255 without being appointed as a qualified |
|
inspector under either of those sections. |
|
SECTION 2. Section 541.152, Insurance Code, is amended by |
|
amending Subsection (b) and adding Subsection (c) to read as |
|
follows: |
|
(b) Except as provided by Subsection (c), on [On] a finding |
|
by the trier of fact that the defendant knowingly committed the act |
|
complained of, the trier of fact may award an amount not to exceed |
|
three times the amount of actual damages. |
|
(c) Subsection (b) does not apply to an action under this |
|
subchapter brought against the Texas Windstorm Insurance |
|
Association by a person who is insured under Chapter 2210. |
|
SECTION 3. Subchapter A, Chapter 2210, Insurance Code, is |
|
amended by adding Section 2210.010 to read as follows: |
|
Sec. 2210.010. EXPERT PANEL. (a) The commissioner shall |
|
appoint a panel of experts to advise the commissioner concerning |
|
the manner in which, following a storm, the association should |
|
evaluate the extent to which a loss to insurable property was |
|
incurred as a result of wind, waves, tidal surges, rising waters not |
|
caused by waves or surges, and wind-driven rain associated with the |
|
storm. The commissioner shall appoint one member of the panel to |
|
serve as the presiding officer of the panel. |
|
(b) To be a member of the panel, a person must have |
|
professional expertise in, and be knowledgeable concerning, the |
|
geography of the seacoast territory, the meteorological patterns |
|
common in the seacoast territory, the scientific basis for |
|
meteorological patterns in coastal areas, or the technology |
|
necessary to evaluate the geography of, or meteorological patterns |
|
common to, the seacoast territory. |
|
(c) The panel shall meet at the call of the commissioner or |
|
the call of the presiding officer of the panel. |
|
(d) The panel shall collect and evaluate the data necessary |
|
to perform the panel's general duties under Subsection (a). |
|
(e) Immediately following a storm, for geographic areas or |
|
regions designated by the commissioner, the panel shall recommend |
|
to the commissioner standardized data necessary to evaluate the |
|
extent to which a loss to insurable property was incurred as a |
|
result of wind, waves, tidal surges, rising waters not caused by |
|
waves or surges, and wind-driven rain associated with the storm, |
|
including wind speed, total rainfall, and the extent of wave action |
|
or tidal surges. |
|
(f) After consideration of the recommendations made by the |
|
panel under Subsection (e), the commissioner by rule shall adopt |
|
standardized data as part of the formula that the association will |
|
use to settle claims following the storm from which the |
|
standardized data recommendations were derived. |
|
SECTION 4. Section 2210.072(b), Insurance Code, is amended |
|
to read as follows: |
|
(b) Public securities described by Subsection (a) shall be |
|
issued as necessary in a principal amount not to exceed $1 billion |
|
per occurrence or series of occurrences in a calendar year that |
|
results in insured losses. |
|
SECTION 5. Section 2210.073(b), Insurance Code, is amended |
|
to read as follows: |
|
(b) Public securities described by Subsection (a) may be |
|
issued as necessary in a principal amount not to exceed $1 billion |
|
per occurrence or series of occurrences in a calendar year that |
|
results in insured losses. If the losses are paid with public |
|
securities described by this section, the public securities shall |
|
be repaid in the manner prescribed by Subchapter M. |
|
SECTION 6. Section 2210.074(b), Insurance Code, is amended |
|
to read as follows: |
|
(b) Public securities described by Subsection (a) may be |
|
issued as necessary in a principal amount not to exceed $500 million |
|
per occurrence or series of occurrences in a calendar year that |
|
results in insured losses. If the losses are paid with public |
|
securities described by this section, the public securities shall |
|
be repaid in the manner prescribed by Subchapter M through member |
|
assessments as provided by this section. The association shall |
|
notify each member of the association of the amount of the member's |
|
assessment under this section. The proportion of the losses |
|
allocable to each insurer under this section shall be determined in |
|
the manner used to determine each insurer's participation in the |
|
association for the year under Section 2210.052. A member of the |
|
association may not recoup an assessment paid under this subsection |
|
through a premium surcharge or tax credit. |
|
SECTION 7. Section 2210.105, Insurance Code, is amended by |
|
amending Subsection (b) and adding Subsections (b-1), (e), and (f) |
|
to read as follows: |
|
(b) Except for a closed meeting authorized by Subchapter D, |
|
Chapter 551, Government Code, a meeting of the board of directors or |
|
of the members of the association is open to[:
|
|
[(1)
the commissioner or the commissioner's designated
|
|
representative; and
|
|
[(2)] the public. |
|
(b-1) A meeting of the board of directors or the members of |
|
the association, including a closed meeting authorized by |
|
Subchapter D, Chapter 551, Government Code, is open to the |
|
commissioner or the commissioner's designated representative. |
|
(e) The association shall: |
|
(1) broadcast live on the association's Internet |
|
website all meetings of the board of directors, other than closed |
|
meetings; and |
|
(2) maintain on the association's Internet website an |
|
archive of meetings of the board of directors. |
|
(f) A recording of a meeting must be maintained in the |
|
archive required under Subsection (e) through and including the |
|
second anniversary of the meeting. |
|
SECTION 8. Subchapter C, Chapter 2210, Insurance Code, is |
|
amended by adding Section 2210.108 to read as follows: |
|
Sec. 2210.108. OPEN MEETINGS AND OPEN RECORDS. Except as |
|
specifically provided by this chapter or another law, the |
|
association is subject to Chapters 551 and 552, Government Code. |
|
SECTION 9. Section 2210.152, Insurance Code, is amended by |
|
adding Subsection (c) to read as follows: |
|
(c) The plan of operation shall require the association to |
|
use the standardized data recommendations adopted by the |
|
commissioner under Section 2210.010(f) in evaluating the extent to |
|
which a loss to insurable property is incurred as a result of wind, |
|
waves, tidal surges, rising waters not caused by waves or surges, or |
|
wind-driven rain associated with a storm. |
|
SECTION 10. Section 2210.203, Insurance Code, is amended by |
|
amending Subsection (a-1) and adding Subsection (a-2) to read as |
|
follows: |
|
(a-1) [This subsection applies only to a structure
|
|
constructed, altered, remodeled, or enlarged on or after September
|
|
1, 2009, and only for insurable property located in areas
|
|
designated by the commissioner.] Notwithstanding Subsection (a), |
|
if all or any part of the property to which this subsection applies |
|
is located in Zone V or another similar zone with an additional |
|
hazard associated with storm waves, as defined by the National |
|
Flood Insurance Program, [and if flood insurance under that federal
|
|
program is available,] the association may not issue an insurance |
|
policy for initial or renewal coverage unless evidence is submitted |
|
to the association that the property to be covered under the policy |
|
is also covered by a flood insurance policy issued under the |
|
National Flood Insurance Program. This subsection does not apply |
|
to property for which flood insurance is not available under the |
|
National Flood Insurance Program [is submitted to the association]. |
|
(a-2) An agent offering or selling a Texas windstorm and |
|
hail insurance policy [in any area designated by the commissioner
|
|
under this subsection] shall offer flood insurance coverage |
|
required under Subsection (a-1) to a [the] prospective insured, if |
|
that coverage is available. |
|
SECTION 11. Section 2210.204(e), Insurance Code, is amended |
|
to read as follows: |
|
(e) For cancellation of insurance coverage under this |
|
section, the minimum retained premium in the plan of operation must |
|
be for a period of not less than 90 [180] days, except for events |
|
specified in the plan of operation that reflect a significant |
|
change in the exposure or the policyholder concerning the insured |
|
property, including: |
|
(1) the purchase of similar coverage in the voluntary |
|
market; |
|
(2) sale of the property to an unrelated party; |
|
(3) death of the policyholder; or |
|
(4) total loss of the property. |
|
SECTION 12. Subchapter E, Chapter 2210, Insurance Code, is |
|
amended by adding Section 2210.205 to read as follows: |
|
Sec. 2210.205. REQUIRED POLICY PROVISION: DEADLINE FOR |
|
FILING CLAIM. A windstorm and hail insurance policy issued by the |
|
association must require an insured to file a claim under the policy |
|
not later than the first anniversary of the date on which the damage |
|
or loss that is the basis of the claim occurs. |
|
SECTION 13. Section 2210.254, Insurance Code, is amended by |
|
adding Subsection (e) to read as follows: |
|
(e) The department may establish an annual renewal period |
|
for persons appointed as qualified inspectors. |
|
SECTION 14. Subchapter F, Chapter 2210, Insurance Code, is |
|
amended by adding Section 2210.2551 to read as follows: |
|
Sec. 2210.2551. EXCLUSIVE ENFORCEMENT AUTHORITY; RULES. |
|
(a) The department has exclusive authority over all matters |
|
relating to the appointment and oversight of qualified inspectors |
|
for purposes of this chapter. |
|
(b) The commissioner by rule shall establish criteria to |
|
ensure that a person seeking appointment as a qualified inspector |
|
under this subchapter, including an engineer seeking appointment |
|
under Section 2210.255, possesses the knowledge, understanding, |
|
and professional competence to perform windstorm inspections under |
|
this chapter and to comply with other requirements of this chapter. |
|
SECTION 15. The heading to Section 2210.256, Insurance |
|
Code, is amended to read as follows: |
|
Sec. 2210.256. DISCIPLINARY PROCEEDINGS REGARDING |
|
APPOINTED INSPECTORS AND CERTAIN OTHER PERSONS. |
|
SECTION 16. Section 2210.256, Insurance Code, is amended by |
|
adding Subsection (a-2) to read as follows: |
|
(a-2) In addition to any other action authorized under this |
|
section, the commissioner ex parte may enter an emergency cease and |
|
desist order under Chapter 83 against a qualified inspector, or a |
|
person acting as a qualified inspector, if: |
|
(1) the commissioner believes that: |
|
(A) the qualified inspector has: |
|
(i) through submitting or failing to submit |
|
to the department sealed plans, designs, calculations, or other |
|
substantiating information, failed to demonstrate that a structure |
|
or a portion of a structure subject to inspection meets the |
|
requirements of this chapter and department rules; or |
|
(ii) refused to comply with requirements |
|
imposed under this chapter or department rules; or |
|
(B) the person acting as a qualified inspector is |
|
acting without appointment as a qualified inspector under Section |
|
2210.254 or 2210.255; and |
|
(2) the commissioner determines that the conduct |
|
described by Subdivision (1) is fraudulent or hazardous or creates |
|
an immediate danger to the public. |
|
SECTION 17. Section 2210.258(b), Insurance Code, is amended |
|
to read as follows: |
|
(b) The association may not insure a structure described by |
|
Subsection (a) until: |
|
(1) the structure has been inspected for compliance |
|
with the plan of operation in accordance with Section 2210.251(a); |
|
and |
|
(2) except as provided by Section 2210.260, a |
|
certificate of compliance has been issued for the structure in |
|
accordance with Section 2210.251(g). |
|
SECTION 18. Subchapter F, Chapter 2210, Insurance Code, is |
|
amended by adding Section 2210.260 to read as follows: |
|
Sec. 2210.260. ALTERNATIVE ELIGIBILITY FOR COVERAGE. (a) |
|
On and after September 1, 2011, a person who has an insurable |
|
interest in insurable property may obtain insurance coverage |
|
through the association for a residential structure without |
|
obtaining a certificate of compliance under Section 2210.251(g) if: |
|
(1) within the 12-month period preceding the date of |
|
the application for coverage by the association, the structure was |
|
insured on an annual basis under a residential property insurance |
|
policy that included windstorm and hail coverage; |
|
(2) the insurer that issued the coverage described by |
|
Subdivision (1) has ceased to: |
|
(A) provide windstorm and hail insurance under |
|
the policy; or |
|
(B) issue residential property insurance |
|
policies in the portion of the catastrophe area in which the |
|
structure is located; and |
|
(3) the applicant for coverage: |
|
(A) complies with: |
|
(i) the flood insurance requirement of |
|
Section 2210.203(a-1), if applicable; |
|
(ii) the mandatory building code |
|
requirement of Section 2210.258(a); and |
|
(iii) all other association underwriting |
|
requirements, including maintaining the structure in an insurable |
|
condition and paying premiums in the manner required by the |
|
association; and |
|
(B) provides evidence of declination as required |
|
by Section 2210.202(a). |
|
(b) Coverage issued under this section may be renewed by the |
|
association only once. |
|
SECTION 19. Section 2210.355, Insurance Code, is amended by |
|
amending Subsection (i) and adding Subsections (j), (k), and (l) to |
|
read as follows: |
|
(i) The association shall [may] establish rating |
|
territories and shall [may] vary rates among the territories in |
|
accordance with Subsections (j) and (k) [as provided by this
|
|
subsection. A rating territory that subdivides a county may be used
|
|
only if the rate for any subdivision in the county is not more than:
|
|
[(A)
five percent higher than the rate used by
|
|
the association in 2009 in any other subdivision in the county;
|
|
[(B)
six percent higher than the rate used by the
|
|
association in 2010 in any other subdivision in the county;
|
|
[(C)
seven percent higher than the rate used by
|
|
the association in 2011 in any other subdivision in the county; and
|
|
[(D)
eight percent higher than the rate used by
|
|
the association in 2012 in any other subdivision in the county]. |
|
(j) Notwithstanding Section 2210.351, the association may |
|
use rate relativities for rating territories that subdivide a |
|
county without prior commissioner approval if the resulting rate |
|
for any subdivision in the county: |
|
(1) is not more than 15 percent greater than the |
|
resulting rate used in any other subdivision in that county for |
|
identical coverage for insureds having risk characteristics that |
|
are identical except for rating territory; and |
|
(2) is not unfairly discriminatory. |
|
(k) The association may use rate relativities for rating |
|
territories that subdivide a county only with prior commissioner |
|
approval if the resulting rate for any subdivision in the county is |
|
not described by Subsection (j)(1). |
|
(l) A rate relativity described by Subsection (k) must be |
|
based on sound actuarial principles supported by data filed with |
|
the department, including reasonable output from recognized |
|
catastrophe models, and must produce rates that comply with the |
|
statutory and regulatory requirements of this chapter. |
|
SECTION 20. The heading to Subchapter H, Chapter 2210, |
|
Insurance Code, is amended to read as follows: |
|
SUBCHAPTER H. RATES; DISCOUNTS AND CREDITS |
|
SECTION 21. Subchapter H, Chapter 2210, Insurance Code, is |
|
amended by adding Section 2210.363 to read as follows: |
|
Sec. 2210.363. PREMIUM DISCOUNTS; SURCHARGE CREDITS. (a) |
|
The association may offer a person insured under this chapter a |
|
premium discount on a policy issued by the association, or a credit |
|
against any surcharge assessed against the person, if: |
|
(1) the person elects a voluntary binding arbitration |
|
endorsement under Section 2210.555; or |
|
(2) the construction, alteration, remodeling, |
|
enlargement, or repair of, or an addition to, insurable property |
|
exceeds applicable building code standards set forth in the plan of |
|
operation. |
|
(b) The commissioner shall adopt rules necessary to |
|
implement and enforce this section. |
|
SECTION 22. Section 2210.502, Insurance Code, is amended by |
|
adding Subsection (e) to read as follows: |
|
(e) Notwithstanding Subsection (a), the maximum liability |
|
limit described by Section 2210.501(b)(1) may not exceed $500,000 |
|
if all or any part of the property on which the dwelling, including |
|
an individually owned townhouse, is located in a geographic area |
|
with a hazard associated with storm waves. |
|
SECTION 23. Section 2210.551, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 2210.551. APPEAL BY THE ASSOCIATION. [APPEALS] (a) |
|
This section applies to:
|
|
(1)
a person insured under this chapter or an
|
|
authorized representative of the person; or
|
|
(2) an affected insurer.
|
|
[(b)
A person or entity described by Subsection (a)
who is
|
|
aggrieved by an act, ruling, or decision of the association may
|
|
appeal to the commissioner not later than the 30th day after the
|
|
date of that act, ruling, or decision.] |
|
[c] If the association is aggrieved by the action of the |
|
commissioner with respect to a ruling, order, or determination of |
|
the commissioner, the association may, not later than the 30th day |
|
after the date of the action, make a written request to the |
|
commissioner for a hearing on the action. |
|
(b [d]) On 10 days' written notice of the time and place of |
|
the hearing, the commissioner shall conduct a hearing on the |
|
association's request or the appeal from an act, ruling, or |
|
decision of the association, not later than the 30th day after the |
|
date of receipt of the request or appeal. |
|
[(e)
A hearing on an act, ruling, or decision of the
|
|
association relating to the payment of, the amount of, or the denial
|
|
of a particular claim shall be held, at the request of the claimant,
|
|
in the county in which the insured property is located or in Travis
|
|
County.] |
|
(c [f]) Not later than the 30th day after the date of the |
|
hearing, the commissioner shall affirm, reverse, or modify the |
|
commissioner's previous action or the act, ruling, or decision |
|
appealed to the commissioner. Pending the hearing and decision, |
|
the commissioner may suspend or postpone the effective date of the |
|
previous action or of the act, ruling, or decision appealed to the |
|
commissioner. |
|
(d [g]) The association [, or the person or entity aggrieved
|
|
by the order or decision of the commissioner,] may appeal to a |
|
district court in the county in which the covered property is |
|
located or a district court in Travis County. |
|
(e [h]) An action brought under this section is subject to |
|
the procedures established under Subchapter D, Chapter 36. |
|
SECTION 24. Section 2210.552, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 2210.552. DEFINITIONS. "Damages" means all claims |
|
under common law, statutory and equitable causes of action, for |
|
actual damages including economic and non-economic damages, and all |
|
forms of additional damages including without limitation |
|
additional damages, knowing damages, punitive damages, trebling of |
|
damages of any kind, penalties, prejudgment interest, post judgment |
|
interest, attorneys fees, litigation costs, costs of court, and all |
|
other damages of any kind or character. |
|
[CLAIM DISPUTES; VENUE. (a) Except as provided by Sections
|
|
2210.007 and 2210.106, a person insured under this chapter who is
|
|
aggrieved by an act, ruling, or decision of the association
|
|
relating to the payment of, the amount of, or the denial of a claim
|
|
may:
|
|
[(1)
bring an action against the association,
|
|
including an action under Chapter 541; or
|
|
[(2)
appeal the act, ruling, or decision under Section
|
|
2210.551.
|
|
[(b)
A person may not proceed under both Section 2210.551
|
|
and this section for the same act, ruling, or decision.
|
|
[(c)
Except as provided by Subsection (d), venue in an
|
|
action brought under this section, including an action under
|
|
Chapter 541, against the association is in the county in which the
|
|
insured property is located or in a district court in Travis County.
|
|
[(d)
Venue in an action, including an action under Chapter
|
|
541, brought under this section in which the claimant joins the
|
|
department as a party to the action is only in a district court in
|
|
Travis County.] |
|
SECTION 25. Subchapter L, Chapter 2210, Insurance Code, is |
|
amended by adding Sections 2210.553, 2210.554, 2210.555, 2210.556, |
|
2210.557, 2210.558, 2210.559, 2210.560, 2210.561,and 2210.562 to |
|
read as follows: |
|
Sec. 2210.553. APPEALS TO BOARD OF DIRECTORS. A person |
|
aggrieved by a decision of the association relating to eligibility |
|
for or amount of benefits payable to the person, or for damages |
|
claimed by a person related to the eligibility for or amount of |
|
benefits payable to a person may appeal the decision to the |
|
Executive Director. An appeal to the Executive Director shall be |
|
filed no more than 30 days after the date of the decision is made for |
|
which review is sought. This subchapter provides the sole remedy |
|
for the aggrieved person. |
|
Sec. 2210.554. HEARING BY STATE OFFICE OF ADMINISTRATIVE |
|
HEARINGS. The executive director or a person designated by the |
|
executive director shall refer an appeal under this section to the |
|
State Office of Administrative Hearings to conduct a hearing as |
|
provided by Chapter 2001, Government Code. |
|
Sec. 2210.555. CONTESTED CASE. An appeal under this |
|
section is a contested case as defined by Chapter 2001, Government |
|
Code. An aggrieved person appealing a decision under this section |
|
has the burden of proof on all issues, including any affirmative |
|
defense. |
|
Sec. 2210.556. FINAL DECISION. A decision by the State |
|
Office of Administrative Hearings is final within the meaning of |
|
Sec. 2210.557 |
|
Sec. 2210.557. NEGOTIATED SETTLEMENT. (a) Notwithstanding |
|
this Section, the association and a person aggrieved by a decision |
|
of the association may at any time informally negotiate a |
|
settlement of a claim. |
|
(b) A negotiated settlement must be approved by the board of |
|
directors if the settlement amount is in excess of $25,000, or |
|
includes consideration for attorney fees. |
|
(c) A settlement negotiated under this section may not |
|
exceed the applicable maximum liability limit established under the |
|
policy. |
|
Sec. 2210.558. JUDICIAL REVIEW. (a) A person aggrieved by |
|
a final decision of the State Office of Administrative Hearings in |
|
a contested case under this section is entitled to judicial review |
|
in accordance with Chapter 2001, Government Code. |
|
(b) The venue for appeal from a final decision of the State |
|
Office of Administrative Hearings under this section is in |
|
district court in Travis County. |
|
(c) The review on appeal is governed by the substantial |
|
evidence rule as described by Section 2001.174, Government Code. |
|
Sec. 2210.559. PLAN OF OPERATION. The board of directors |
|
may submit proposed changes to the plan of operation to implement |
|
this subchapter. |
|
Sec. 2210.560. NOTICE; INSPECTION. (a) As a prerequisite |
|
to filing a an appeal under Sec. 2210.552 of this subchapter, a |
|
person covered by an association policy shall give written notice |
|
to the association at least 60 days before filing the appeal |
|
advising the association in reasonable detail of the person's |
|
specific complaint and the amount of damage and expenses, |
|
including attorneys' fees, if any, reasonably incurred to date by |
|
the person in asserting the claim against the association. During |
|
the 60-day period a written request to inspect, in a reasonable |
|
manner and at a reasonable time and place, the property that is the |
|
subject of the person's action or claim may be presented to the |
|
person. |
|
(b) If the giving of 60 days' written notice is rendered |
|
impracticable by reason of the necessity of filing a claim in order |
|
to prevent the expiration of the statute of limitations or if the |
|
person's claim is asserted by way of counterclaim, the notice |
|
provided for in Subsection (a) of this section is not required, but |
|
the tender provided for by this subchapter may be made within 60 |
|
days after filing the appeal or counterclaim. |
|
(c) If the association does not receive written notice, as |
|
required by Subsection (a), then the association may file a plea in |
|
abatement not later than the 30th day after the date the person |
|
files an original answer in the venue in which the appeal is |
|
pending. This subsection does not apply if Subsection (b) applies. |
|
(d) The State Office of Administrative Hearings shall abate |
|
the appeal if the administrative law judge, after a hearing, finds |
|
that the association is entitled to an abatement because notice was |
|
not provided as required by this section. An appeal is |
|
automatically abated without the order of the administrative law |
|
judge beginning on the 11th day after the date a plea in abatement |
|
is filed under Subsection (c) if the plea in abatement: |
|
(1) is verified and alleges that the association did |
|
not receive the written notice as required by Subsection (a); and |
|
(2) is not controverted by an affidavit filed by the |
|
person before the 11th day after the date on which the plea in |
|
abatement is filed. |
|
(e) An abatement under Subsection (d) continues until the |
|
60th day after the date that written notice is served in compliance |
|
with Subsection (a). |
|
Sec. 2210.561 (a) A person must file an appeal based in |
|
whole or in part on an association policy not later than two years |
|
after the day the cause of action accrues. The cause of action |
|
accrues on the date of the loss. |
|
(b) Civil Practices and Remedies Code Sec. 33.004 (e) does |
|
not apply to a claim, civil action or appeal against or involving |
|
the association, an officer agent or employee of the association, |
|
or anyone acting on behalf of the association. |
|
(c) A person is barred from filing an appeal or an original |
|
civil action against the association, an officer, agent or employee |
|
of the association, or anyone acting on behalf of association more |
|
than four years of the date of the loss. This subsection is |
|
intended as a statute of repose so that all claims of any type or |
|
description must be brought within four years or they are time |
|
barred. |
|
(d) An appeal must be filed with the association within one |
|
year of the date the right to file the appeal accrued. |
|
Sec. 2210.562. STATE OF DISASTER. (a) When the Governor |
|
issues a Declaration of State of Disaster pursuant to Gov. Code Sec. |
|
418.014 then the Commissioner of Insurance shall toll the |
|
application of Chapters 541 and 542 to the association. (b) The |
|
Commissioner's authority under this section is limited (1) to the |
|
geographical area identified in the Declaration and (2) for the |
|
duration of the Declaration. |
|
SECTION 26. Section 2210.604, Insurance Code, is amended by |
|
amending Subsection (b) and adding Subsection (d) to read as |
|
follows: |
|
(b) The association shall specify in the association's |
|
request to the board the maximum principal amount of the public |
|
securities and the maximum term of the public securities. The |
|
maximum principal requested under this subsection may not exceed |
|
the amount of public securities the association determines to be |
|
marketable. |
|
(d) If the amount of marketable Class 1 public securities is |
|
insufficient to pay the excess losses for which the securities are |
|
issued, marketable Class 2 public securities may be issued. If the |
|
amount of marketable Class 2 public securities is insufficient to |
|
pay the excess losses for which the securities are issued, |
|
marketable Class 3 public securities may be issued. |
|
SECTION 27. Sections 2210.613(b), (c), and (d), Insurance |
|
Code, are amended to read as follows: |
|
(b) Seventy percent of the cost of the public securities |
|
shall be paid by a [nonrefundable] premium surcharge collected |
|
under this section in an amount set by the commissioner. On |
|
approval by the commissioner, each insurer, the association, and |
|
the Texas FAIR Plan Association shall assess, as provided by this |
|
section, a premium surcharge to each policyholder of a policy that |
|
is in effect on or after the 180th day after the date the |
|
commissioner issues notice of the approval of the public securities |
|
[its policyholders as provided by this section]. The premium |
|
surcharge must be set in an amount sufficient to pay, for the |
|
duration of the issued public securities, all debt service not |
|
already covered by available funds and all related expenses on the |
|
public securities. |
|
(c) The premium surcharge under Subsection (b) shall be |
|
assessed on all policyholders of policies that cover [who reside or
|
|
have operations in, or whose] insured property that is located in a |
|
catastrophe area, including automobiles principally garaged in a |
|
catastrophe area. The premium surcharge shall be assessed on [for] |
|
each Texas windstorm and hail insurance policy and each property |
|
and casualty insurance policy, including an automobile insurance |
|
policy, issued for automobiles and other property located in the |
|
catastrophe area. A premium surcharge under Subsection (b) applies |
|
to: |
|
(1) all policies written under the following lines of |
|
insurance: |
|
(A) fire and allied lines; |
|
(B) farm and ranch owners; |
|
(C) residential property insurance; |
|
(D) private passenger automobile liability and |
|
physical damage insurance; and |
|
(E) commercial passenger automobile liability |
|
and physical damage insurance; and |
|
(2) the property insurance portion of a commercial |
|
multiple peril insurance [that provide coverage on any premises,
|
|
locations, operations, or property located in the area described by
|
|
this subsection for all property and casualty lines of insurance,
|
|
other than federal flood insurance, workers' compensation
|
|
insurance, accident and health insurance, and medical malpractice
|
|
insurance]. |
|
(d) A premium surcharge under Subsection (b) is a separate |
|
[nonrefundable] charge in addition to the premiums collected and is |
|
not subject to premium tax or commissions. Failure by a |
|
policyholder to pay the surcharge constitutes failure to pay |
|
premium for purposes of policy cancellation. |
|
SECTION 28. Section 2210.6135(a), Insurance Code, is |
|
amended to read as follows: |
|
(a) The association shall pay Class 3 public securities |
|
issued under Section 2210.074 as provided by this section through |
|
member assessments. The association, for the payment of the |
|
losses, shall assess the members of the association an amount not to |
|
exceed $500 million per occurrence or series of occurrences that |
|
results in insured losses in a calendar year [for the payment of the
|
|
losses]. The association shall notify each member of the |
|
association of the amount of the member's assessment under this |
|
section. |
|
SECTION 29. (a) The commissioner of insurance shall |
|
appoint an advisory committee to advise the Texas Department of |
|
Insurance and Texas Windstorm Insurance Association concerning |
|
appropriate building code standards to be used by the association |
|
in the performance of its duties under Chapter 2210, Insurance |
|
Code. The commissioner shall designate one member of the committee |
|
to serve as the presiding officer of the committee. |
|
(b) The commissioner of insurance shall ensure that the |
|
following groups or interests are represented on the advisory |
|
committee: |
|
(1) insurers that write windstorm insurance in the |
|
private windstorm insurance market in this state; |
|
(2) policyholders of windstorm insurance issued both |
|
by the association and by insurers in the private windstorm |
|
insurance market in this state; and |
|
(3) building and construction professionals, |
|
including qualified inspectors appointed under Sections 2210.254 |
|
and 2210.255, Insurance Code. |
|
(c) The advisory committee shall submit a report to the |
|
association, for inclusion in the association's biennial report to |
|
be submitted on or before December 31, 2012, under Section |
|
2210.0025, Insurance Code, containing recommendations concerning |
|
appropriate building code standards to be used by the association |
|
in the performance of its duties under Chapter 2210, Insurance |
|
Code. |
|
(d) Chapter 2110, Government Code, does not apply to the |
|
size, composition, or duration of the advisory committee or to the |
|
appointment of the committee's presiding officer. |
|
(e) The advisory committee shall meet at least once each |
|
year and may meet at other times at the call of the commissioner of |
|
insurance or the committee's presiding officer. |
|
(f) The advisory committee may meet by telephone conference |
|
call, video conference call, or other similar audiovisual |
|
telecommunication. |
|
(g) This section expires January 1, 2013. |
|
SECTION 30. (a) The change in law made by this Act applies |
|
only to an appeal from a decision of the Texas Windstorm Insurance |
|
Association made on or after January 1, 2012. An appeal from a |
|
decision of that association made before January 1, 2012, applies |
|
to the law as it existed immediately before the effective date of |
|
this Act, and that law is continued in effect for that purpose. |
|
(b) This Act, applies to all claims filed with the Texas |
|
Windstorm Insurance Association on or after the effective date of |
|
the Act. |
|
SECTION 31. The Texas Windstorm Insurance Association |
|
shall, not later than January 1, 2012, amend the association's plan |
|
of operation as necessary to conform to the changes in law made by |
|
this Act. |
|
SECTION 32. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2011. |