By: Paul H.B. No. 3333
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to eligibility for coverage under the FAIR Plan
  Association in certain areas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2211.151, Insurance Code, is amended to
  read as follows:
         Sec. 2211.151.  MANDATORY COVERAGE PROVIDED TO CERTAIN
  INSUREDS. (a) The association shall make residential property
  insurance available to each applicant in an underserved area whose
  property is insurable in accordance with reasonable underwriting
  standards but who, after diligent efforts, is unable to obtain
  residential property insurance through the voluntary market, as
  evidenced by two declinations from insurers authorized to engage in
  the business of, and writing, residential property insurance in
  this state.
         (b)  For residential properties located not more than four
  miles beyond the Texas Windstorm Insurance Association catastrophe
  area designated under Section 2210.005, an offer of coverage for a
  residential property through the voluntary market whose cost
  exceeds 10 percent of a Texas FAIR Plan Association policy offering
  equivalent coverage of a residential property with similar rating
  characteristics, including size, elevation, age, and construction
  standard shall constitute a declination for purposes of
  establishing eligibility for coverage under Subsection (a).
         SECTION 2.  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, 2023.