Bill Text: TX HB1074 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to construction of certain laws prohibiting discrimination, distinctions, inducements, rebates, and certain other conduct related to property and casualty insurance.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-06-09 - Effective on 9/1/23 [HB1074 Detail]

Download: Texas-2023-HB1074-Comm_Sub.html

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88R18915 CJD-F
By: Hull H.B. No. 1074
Substitute the following for H.B. No. 1074:
By: Oliverson C.S.H.B. No. 1074

A BILL TO BE ENTITLED
AN ACT
relating to construction of certain laws prohibiting
discrimination, distinctions, inducements, rebates, and certain
other conduct related to property and casualty insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 1806, Insurance Code, is
amended by adding Section 1806.002 to read as follows:
Sec. 1806.002. CONSTRUCTION OF CERTAIN PROVISIONS;
SERVICES RELATED TO LOSS CONTROL. (a) Nothing in Section 1806.053,
1806.054, 1806.059, 1806.104, 1806.1041, 1806.153, 1806.1541, or
1806.156 may be construed as:
(1) permitting an unfair method of competition or a
false, misleading, or deceptive act or practice under Section
17.46, Business & Commerce Code; or
(2) prohibiting an insurer or an insurer's agent from
offering or giving to an insured or applicant, for free or at a
discounted price in a manner that is not unfairly discriminatory to
insureds or applicants of the same class and of essentially the same
hazard, services or other offerings not specified in the insurance
policy that relate to loss control of the risks covered under the
policy, subject to Subsection (b).
(b) The cost to the insurer or the insurer's agent offering
the product or service to any given customer must be reasonable in
comparison to that customer's premiums or insurance coverage for
the policy class.
(c) Other than for purposes related to loss control of risks
covered under the policy, the insurer or insurer's agent offering
the product or service may not provide to another person any data or
other information obtained about the customer from or in connection
with the product or service.
(d) The commissioner may adopt rules as necessary to
implement this section.
SECTION 2. This Act takes effect September 1, 2023.