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Legislative Issues

Key legislative issues for IIAT, its members and their clients

IIAT's Key Issues for the 87th Texas Legislative Session

During this unprecedented legislative session, IIAT is focused on the following initiatives important to independent agents and their clients:

SB 6 by Sen. Hancock & HB 3659 by Rep. Leach – Pandemic Liability Protection Act
Establishing protections for businesses from frivolous lawsuits stemming from COVID-19 claims

SB 17 by Taylor & HB 19 by Rep. Leach – Protect Texas Trucking
Enacting reforms to protect against inflated commercial auto litigation being pushed by trial lawyers

SB 1602 by Sen. Taylor – Failure to Cooperate
Ending the ability to avoid payment of claims by refusing to cooperate with your insurer

2021 Bills being Tracked

Follow the Status of a Bill

House Bills

HB 113 - Oliverson Creates peer-to-peer auto policy for sharing of vehicles

HB 359 - Geren Relating to the payment of UM/UIM under an auto policy. This would amend the policy so that you would merely have to notify company of a claim. No determination of liability needed

HB 429 - K. King Relating to the coverage of damage from tornado and wildfire being added to TWIA. Not necessary as no market restriction for wind or wildfire statewide

HB 431 - K. King Relating to loss experience from a catastrophe. Would prevent an insurer from considering loss experience in setting rates for risks outside a disaster area

HB 477 - Deshotel Relating to allowing casino gambling to barrier islands and part of the proceeds go to fund TWIA

HB 552 - E. Thompson Relating to the inclusion of diminished value in liability insurance coverage

HB 573 - Oliverson Relating to the operation of health care sharing ministries; authorizing a fee; providing an administrative penalty

HB 769 - Middleton Regarding the administration of TWIA. Requires the offices to be moved to coast, no vote on rates if board is not full, net gain from operations must go to pay highest interest rate debt, insurers must buy reinsurance for TWIA, Loss adjustment expense not included in rate calculations

HB 776 - Walle & SB 305 - Eckhart Eckhart Requires Workers Comp to be provided by contractors and subcontractors for all governmental entity work

HB 804 - J. Johnson Relating to payment of PIP. This amends statute so PIP offset against liability can only be taken if the entire limit of liab has been exhausted. Will significantly increase PIP payouts

HB 1110 J. Johnson Relating to the payment of RC on HO policies.

HB 1111 - J. Johnson relating to discrimination on underwriting and rating due to sexual orientation. Do not believe this is currently a problem

HB 1119 - Lucio III Relating to the establishment of the Texas Uninsured Vehicle enforcement program. This is modeled after program rolled out in Okla. Will use technology to scan license plates

HB 1131 - Clardy Clardy Relating to the requirement of requiring to use OEM (original equipment mfg) parts for the repair of damage to auto. his would significantly increase the cost of repair and companies have opposed and killed this each of the last 3 sessions

HB 1399 - Krause Relating to professional liability insurance coverage and prohibition of certain medical procedures for children

HB 1418 - Leach Relating to civil liability and responsibility for the consequences of defects in the plans, specifications, or related documents for the construction or repair of an improvement to real property

HB 1433 - Capriglione Relating to the payment of insurance deductibles and release of insurance proceeds

HB 1450 - Herrero Relating to policyholder approval for certain windstorm and hail insurance rates

HB 1451 - Herrero Relating to the board of directors of TWIA

HB 1617 - Bonnen Relating to recovery of medical or healthcare expenses in civil actions

HB 1626 - Lucio, III Relating to the use of credit scoring information by an insurer during and after a disaster

HB 1649 – Middleton Relating to bids or proposals required for insurance and risk pool contracts entered into by a school district, municipality or County

HB 1682 – Krause Relating to the disclosure by liability insurers and policyholders to third party claimants; providing administrative penalty

HB 1689 - Oliverson Relating to credit for reinsurance governed by certain covered agreements and ceded to certain assuming insurers

HB 1777 - Oliverson Relating to disclosures and standards required for certain annuity transactions

HB 1787 - Lambert Relating to liability coverage under a personal automobile insurance policy for a temporary vehicle provided to an insured by an automobile repair facility

HB 1793 - J Johnson & SB 1170 - Menendez Relating to prohibiting oral releases for automobile insurance claims

HB 1864 - Lucio, III relating to the authority of TDI and TWIA to issue certificates of compliance for assoc coverage

HB 1932 - S Thompson relating to notice of available alternatives to the lapse or surrender of a life insurance policy

HB 2111 - Lucio, III relating to rate filing requirements for certain personal lines insurers with low market share

HB 2269 - J Turner relating to the requirement for and the contents of a declaration page required for certain standard insurance policy forms for personal automobile insurance

HB 2330 - E Thompson Relating to the effects of unresponsive insureds for a personal automobile insurance policy

HB 2534 - Clardy & SB 1706 - Blanco Relating to an appraisal procedure for losses under a personal auto policy

HB 2547 - Oliverson Relating to the modernization of regulation of commercial property and casualty insurance

HB 2738 - Hernandez Relating to the provision of uninsured or underinsured motorist coverage in automobile liability insurance policies

HB 2777 - Pacheco & SB 1481 - Johnson Relating to the regulation of reroofing contractors; providing administrative and civil penalties; allowing fees; requiring occupational registration

HB 2779 - Pacheco Relating to the regulation as a public insurance adjuster of certain persons acting on behalf of an insured for a real or personal property claim

HB 2782 - Dean Relating to businesses' civil liability for COVID-19 exposure

HB 2788 - Leach Relating to civil actions or arbitrations involving TNCs

HB 3564 - Paul Relating to the authority of the TDI to rescind a certificate or compliance issued for an improvement for purposes of coverage through TWIA

HB 3659 - Leach & SB 6 - Hancock Relating to certain claims arising during a pandemic and other disaster or emergency

HB 3684 - Bonnen & SB 1448 Taylor - Relating to the continuation of the windstorm legislative funding and funding structure oversight and to studies relating to the TWIA and FAIR Plan

HB 3769 - Smithee Relating to required disclosures for certain occupational insurance policies

HB 3809 - Hunter Relating to the setting of rates for TWIA policies by the Commissioner of Insurance

HB 3810 - Hunter Relating to the authority of TWIA to raise premium rates on association policies

HB 3960 - Lambert Menendez & SB 1538 - Campbell Relating to insurer restrictions and duties regarding repair of a motor vehicle covered under an insurance policy

HB 3969 - Sanford Relating to consideration by an insurer of other insurer's filed rates in setting insurers rate

HB 4030 - Smithee & SB 1810 - Hancock Relating to licensing and regulation of insurance professionals

HB 4210 - Paul Relating to the authority of entities regulated by the TDI to conduct business electronically

HB 4313 - Vo & SB 1809 - Hancock Relating to enforcement of insurance laws, including unauthorized business of insurance

HB 4326 - Hefner Relating to premium tax credit for restoration and rehabilitation of historic structures

HB 4404 - Sanford Relating to the marketing and sale of AD&D insurance products by a financial institution

HB 4481 - Oliverson Relating to civil liability arising from COVID 19

Senate Bills

SB 207 - Schwertner Relating to the recovery of medical or healthcare expenses in civil actions. Claimant can introduce evidence of reasonableness of medical billings in civil proceedings. This is known as Paid vs. Incurred and is supported by TLR and TCJL as helping improve lawsuits.

SB 249 - Schwertner Relating to business interruption coverage losses relating to pandemic. This would require that any policy that offers BI would be require to include pandemic coverage. As drafted, this would cause the companies to stop writing BI in total

SB 353 - Miles Relating to access by justice and municipal courts access to financial responsibility information

SB 493 - N. Johnson, Schwertner Relating to health care liability insurance for certain nursing facilities

SB 773 - Nichols Relating to notice of available alternatives to the lapse or surrender of a life insurance policy

SB 1602 - Taylor Relating to cancellation of certain property and casualty insurance policies for the insured's failure to cooperate in a claim investigation, settlement, or defense

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Lee Loftis

Governmental Affairs Director