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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:

  • Establishing protections for businesses from frivolous lawsuits stemming from COVID-19 claims
  • Enacting reforms to protect against inflated commercial auto litigation being pushed by trial lawyers
  • Ending the ability to avoid payment of claims by refusing to cooperate with your insurer
  • Revising how replacement cost is paid on a homeowners claims

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 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

Senate Bills

SB 249 - 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

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Lee Loftis

Governmental Affairs Director