85R3266 BEE-F
 
  By: Lucio III H.B. No. 647
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to notice to policyholders and agents of certain changes
  to property and casualty insurance policies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 551, Insurance Code, is
  amended by adding Section 551.1055 to read as follows:
         Sec. 551.1055.  CHANGES TO POLICY ON RENEWAL. (a)
  Notwithstanding Section 551.103, a change to a policy provision on
  renewal is not a nonrenewal or cancellation under this subchapter
  if the insurer provides the insured with written notice in
  accordance with this section of any difference between each form of
  the policy offered to the insured on renewal and the form of the
  policy held immediately before renewal.
         (b)  Notice provided under Subsection (a) must:
               (1)  appear in a conspicuous place in the renewal
  notice;
               (2)  clearly indicate each change to the policy being
  made on renewal;
               (3)  be written in plain language; and
               (4)  be provided to the insured not later than the 30th
  day before the renewal date.
         (c)  If an insurer elects to change a policy form on renewal,
  not later than the 30th day before the earliest renewal date on
  which the new policy form is used, the insurer shall provide written
  notice to each agent of the insurer that clearly indicates each
  change being made to the policy.
         SECTION 2.  Section 2002.001, Insurance Code, is amended to
  read as follows:
         Sec. 2002.001.  ENDORSEMENTS REDUCING AMOUNT OF COVERAGE.
  (a) An insurer may not use an endorsement to a policy form to which
  Article 5.35, Subchapter B of this chapter, or Subchapter B,
  Chapter 2301, applies that reduces coverage that would otherwise be
  provided under the policy unless:
               (1)  the insured requests the endorsement; or
               (2)  the insurer provides the policyholder in a written
  notice an [with a written] explanation of [the change made by] the
  endorsement that:
                     (A)  appears in a conspicuous place on the notice
  of the endorsement;
                     (B)  clearly indicates each change to the policy
  made by the endorsement;
                     (C)  is written in plain language; and
                     (D)  is provided to the insured not later than the
  30th day before the date on which the policy expires.
         (b)  Notice required by Subsection (a) may be provided to the
  insured in a renewal notice.
         (c)  If an insurer elects to use an endorsement described by
  Subsection (a), not later than the 30th day before the earliest date
  on which the endorsement is used, the insurer shall provide written
  notice to each agent of the insurer that clearly indicates each
  change made to the policy form by the endorsement.
         SECTION 3.  The heading to Subchapter C, Chapter 2002,
  Insurance Code, is amended to read as follows:
  SUBCHAPTER C. ITEMS PROVIDED [TO POLICYHOLDER] IN CONNECTION WITH
  INSURANCE POLICY
         SECTION 4.  Section 2002.102, Insurance Code, is amended to
  read as follows:
         Sec. 2002.102.  NOTICE OF RENEWAL. (a) An insurer,
  including a farm mutual insurance company, county mutual insurance
  company, Lloyd's plan, or reciprocal or interinsurance exchange,
  that renews a homeowners insurance policy, fire and residential
  allied lines insurance policy, farm and ranch owners insurance
  policy, or farm and ranch insurance policy must provide the
  policyholder with written notice in accordance with this section of
  any difference between each form of the policy offered to the
  policyholder on renewal and the form of the policy held immediately
  before renewal.
         (b)  A notice provided under this section must:
               (1)  appear in a conspicuous place in the renewal
  notice;
               (2)  clearly indicate each change to the policy being
  made on renewal;
               (3)  be written in plain language; and
               (4)  be provided to the policyholder not later than the
  30th day before the renewal date.
         (c)  If an insurer elects to change a policy form on renewal,
  not later than the 30th day before the renewal date, the insurer
  shall provide written notice to each agent of the insurer that
  clearly indicates each change being made to the policy.
         (d)  The commissioner may adopt rules as necessary to
  implement this section.
         SECTION 5.  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, 2018. A policy delivered, issued for
  delivery, or renewed before that date 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 6.  This Act takes effect September 1, 2017.