88R5618 AMF-D
 
  By: Sherman, Sr. H.B. No. 1214
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to supplemental liability insurance for foster homes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 10, Insurance Code, is amended
  by adding Chapter 2102 to read as follows:
  CHAPTER 2102. SUPPLEMENTAL LIABILITY INSURANCE FOR FOSTER HOMES
         Sec. 2102.001.  DEFINITIONS. In this chapter:
               (1)  "Foster care" has the meaning assigned by Section
  101.0133, Family Code.
               (2)  "Foster home" means a person licensed or certified
  under Chapter 42, Human Resources Code, to provide substitute care
  for a child placed in foster care.
               (3)  "Insurer" includes a Lloyd's plan and reciprocal
  or interinsurance exchange.
         Sec. 2102.002.  OFFER OF COVERAGE REQUIRED. An insurer may
  not deliver, issue for delivery, or renew in this state an insurance
  policy that insures a foster home for purposes of Section 42.049,
  Human Resources Code, unless the insurer offers the insured the
  opportunity to purchase supplemental foster care liability
  coverage that meets the requirements of this chapter.
         Sec. 2102.003.  COVERAGE REQUIREMENTS. Supplemental foster
  care liability coverage offered under Section 2102.002 must:
               (1)  pay, on behalf of the insured, amounts the insured
  becomes obligated to pay as damages arising from an act or omission
  of the insured in providing care to a child placed in foster care
  with the insured or an act or omission of a child placed in foster
  care with the insured, to the extent those damages are not covered
  by liability insurance maintained by the insured to meet the
  requirements of Section 42.049, Human Resources Code, or any other
  insurance maintained by the insured; and
               (2)  provide coverage of at least $10,000 for each
  occurrence and an aggregate coverage limit of at least $10,000 per
  year.
         SECTION 2.  The change in law made by this Act applies only
  to an insurance policy delivered, issued for delivery, or renewed
  on or after January 1, 2024. A policy delivered, issued for
  delivery, or renewed before January 1, 2024, 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, 2023.