By: Taylor S.B. No. 852
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to availability of certain property and casualty insurance
  forms.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 10, Insurance Code, is amended
  by adding Chapter 1812 to read as follows:
  CHAPTER 1812.  AVAILABILITY OF SPECIMEN POLICIES
         Sec. 1812.001.  DEFINITION. In this chapter, "specimen
  policy" means a standardized form, including an insurance policy
  form or endorsement, used by an insurer to write personal
  automobile, commercial automobile, inland marine, or residential
  property insurance in this state that does not contain personally
  identifiable information about an insured.
         Sec. 1812.002.  AVAILABILITY OF CERTAIN FORMS.  
  (a)  Notwithstanding any other provision of this code relating to
  the delivery of policy forms, an insurer may elect to make a
  personal automobile, commercial automobile, inland marine, or
  residential property insurance policy available to an insured by
  posting a specimen policy on the insurer's Internet website instead
  of other authorized means.  An insurer making the election must
  comply with Section 1812.003.
         (b)  On request of and at no cost to an insured, an insurer
  shall provide to the insured a copy of a specimen policy applicable
  to the insured that is posted on the insurer's Internet website.
         Sec. 1812.003.  NOTICE OF AVAILABILITY OF CERTAIN FORMS.  
  (a)  An insurer that posts a specimen policy on the insurer's
  Internet website under this chapter must, on issuance or renewal of
  a policy incorporating the specimen policy:
               (1)  on the declarations page of the insured's policy:
                     (A)  disclose that the specimen policy is
  available on the insurer's Internet website; and
                     (B)  clearly identify each posted specimen policy
  incorporated into the insured's policy;
               (2)  explain that and how an insured, on request and at
  no charge, may obtain a copy of the specimen policy from the
  insurer; and
               (3)  provide to the department and the office of public
  insurance counsel an electronic copy of the specimen policy that
  may be posted on the Internet website of the department or the
  office of public insurance counsel.
         (b)  An insurer that during an insured's policy period posts
  a specimen policy or amends a posted specimen policy incorporated
  into an insured's policy must, on the date the specimen policy is
  posted or amended, in writing and in the insurer's customary manner
  of communicating with the insured:
               (1)  notify the insured that the specimen policy is
  available on the insurer's Internet website;
               (2)  clearly identify each added or amended specimen
  policy incorporated into the insured's policy; and
               (3)  explain that and how the insured, on request and at
  no charge, may obtain a copy of the specimen policy from the
  insurer.
         Sec. 1812.004.  ACCESSIBILITY OF CERTAIN AVAILABLE FORMS.  A
  specimen policy posted on the insurer's Internet website under this
  chapter must be, until no policy incorporating the specimen policy
  is in force:
               (1)  easily accessible on the website; and
               (2)  provided in a format readily capable of being
  saved or printed using a widely available and free computer
  application or program.
         Sec. 1812.005.  RETENTION OF CERTAIN AVAILABLE FORMS.  An
  insurer that posts a specimen policy on the insurer's Internet
  website under this chapter must for at least five years after the
  latest date a policy incorporating the specimen policy is in force:
               (1)  preserve an electronic copy of the specimen
  policy; and
               (2)  make a printed or electronic copy of the specimen
  policy available on request at no cost.
         SECTION 2.  This Act applies only to an insurance policy that
  is delivered, issued for delivery, or renewed on or after the
  effective date of this Act. A policy delivered, issued for
  delivery, or renewed before the effective date of this Act 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, 2013.