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AN ACT
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relating to declination, cancellation, or nonrenewal of insurance |
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policies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 551.001(a), Insurance Code, is amended |
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to read as follows: |
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(a) The commissioner may, as necessary, adopt and enforce |
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reasonable rules, including notice requirements, relating to the |
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declination of a completed and submitted application for or the |
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cancellation or [and] nonrenewal of any insurance policy regulated |
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by the department under: |
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(1) Chapter 5; |
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(2) Chapter 1804, 1805, 2171, or 2301; or |
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(3) Subtitle C, D, E, or F, Title 10. |
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SECTION 2. Section 551.002(a), Insurance Code, is amended |
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to read as follows: |
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(a) The commissioner shall require an insurer that declines |
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a completed and submitted application for or cancels or refuses to |
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renew an insurance policy to which Section 551.001 applies[, on |
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request by an applicant for insurance or a policyholder,] to |
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provide to the applicant or policyholder or the applicant's agent |
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in accordance with Section 551.007, as applicable, a written |
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statement of the reasons for the declination, cancellation, or |
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nonrenewal of the [an insurance] policy [to which Section 551.001 |
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applies]. |
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SECTION 3. Subchapter A, Chapter 551, Insurance Code, is |
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amended by adding Sections 551.006, 551.007, and 551.008 to read as |
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follows: |
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Sec. 551.006. REPORT REQUIRED. (a) An insurer shall |
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provide to the department at least once each quarter a written |
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report summarizing the insurer's reasons for declination, |
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cancellation, or nonrenewal provided to applicants for insurance or |
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policyholders as required by this chapter. The report must be: |
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(1) in the form and manner prescribed by the |
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commissioner; and |
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(2) except as provided by Subsection (c), organized by |
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the zip codes of the applicants and policyholders, as applicable, |
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that received the statement. |
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(b) The department shall post an aggregated summary of the |
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reports provided under this section on the department's Internet |
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website. The aggregated summary: |
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(1) except as provided by Subsection (c), must be |
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organized by the zip codes of the applicants and policyholders, as |
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applicable; and |
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(2) may not identify, directly or indirectly, any |
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insurer. |
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(c) A report under this section summarizing reasons for |
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declination, cancellation, or nonrenewal provided to applicants |
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for or policyholders of workers' compensation insurance policies |
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must be a statewide report and not organized by the zip codes of the |
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applicants or policyholders. |
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Sec. 551.007. NOTICE OF DECLINATION FOR COMMERCIAL LINES OF |
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INSURANCE. (a) An insurer must deliver a notice of a declination |
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required by this chapter for a completed and submitted application |
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for a commercial line of insurance to the applicant's agent. |
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(b) On receiving a notice described by Subsection (a), an |
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agent shall disclose the declination to the applicant and make the |
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notice available for the applicant to review. |
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Sec. 551.008. ELECTRONIC DELIVERY. An insurer may deliver |
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notice or a written statement of a declination, cancellation, or |
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nonrenewal required by this chapter electronically in accordance |
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with Chapter 35. |
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SECTION 4. The heading to Subchapter B, Chapter 551, |
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Insurance Code, is amended to read as follows: |
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SUBCHAPTER B. DECLINATION, CANCELLATION, AND NONRENEWAL OF CERTAIN |
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LIABILITY AND COMMERCIAL PROPERTY INSURANCE POLICIES |
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SECTION 5. Subchapter B, Chapter 551, Insurance Code, is |
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amended by adding Section 551.0521 to read as follows: |
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Sec. 551.0521. WRITTEN NOTICE OF DECLINATION REQUIRED. An |
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insurer that declines a completed and submitted application for a |
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liability insurance or commercial property insurance policy shall |
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deliver or mail written notice of the declination to the applicant |
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or the applicant's agent in accordance with Section 551.007, as |
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applicable. |
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SECTION 6. Section 551.055, Insurance Code, is amended to |
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read as follows: |
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Sec. 551.055. REASON FOR DECLINATION, CANCELLATION, OR |
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NONRENEWAL REQUIRED. In a notice to an applicant or insured |
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relating to declination, cancellation, or refusal to renew, an |
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insurer must state the reason for the declination, cancellation, or |
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nonrenewal. The statement must comply with: |
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(1) Sections 551.002(b) and (c); and |
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(2) rules adopted under Section 551.002(d). |
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SECTION 7. Section 551.109, Insurance Code, is amended to |
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read as follows: |
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Sec. 551.109. INSURER STATEMENT. An insurer shall[, at the |
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request of an applicant for insurance or an insured,] provide a |
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written statement of the reason for a declination of a completed and |
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submitted application for an insurance policy or a[,] |
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cancellation[,] or nonrenewal of an insurance policy. The |
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statement must comply with: |
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(1) Sections 551.002(b) and (c); and |
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(2) rules adopted under Section 551.002(d). |
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SECTION 8. The change in law made by this Act applies only |
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to an application for insurance that is made or an insurance policy |
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that is delivered, issued for delivery, or renewed on or after the |
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effective date of this Act. An application made or policy |
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delivered, issued for delivery, or renewed before the effective |
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date of this Act is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 9. This Act takes effect January 1, 2026. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2067 was passed by the House on April |
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25, 2025, by the following vote: Yeas 123, Nays 2, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2067 on May 29, 2025, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2067 on May 31, 2025, by the following vote: Yeas 128, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2067 was passed by the Senate, with |
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amendments, on May 25, 2025, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2067 on May 31, 2025, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |