reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2001 - General Provisions: Fire Insurance and Allied Lines, Including Residential Property Insurance › Section 2001.003. Authority to Require Sworn Statements

Sec. 2001.003.  AUTHORITY TO REQUIRE SWORN STATEMENTS.  For an insurer described by Section 2001.001, the department may require from the insurer or a director, officer, representative, or agent of the insurer a sworn statement covering any period that states:
(1)  the rates and premiums collected for fire insurance on each class of risks and on all property in this state;
(2)  the causes of fire, if known to the insurer or individual or if the insurer or individual possesses relevant information or data or can obtain the information or data at reasonable expense; and
(3)  all necessary facts and information to allow the department to determine enforcement and to enforce a law described by Section 2001.001(a).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2001 - General Provisions: Fire Insurance and Allied Lines, Including Residential Property Insurance › Section 2001.004. Authority to Inspect and Take Testimony Regarding Records

Sec. 2001.004.  AUTHORITY TO INSPECT AND TAKE TESTIMONY REGARDING RECORDS.  (a)  The commissioner or a person authorized by the commissioner may:
(1)  visit:
(A)  a general, local, or other office of an insurer engaged in the business of insurance in this state;
(B)  the insurer's home office located outside this state, if applicable; and
(C)  the office of any of the insurer's officers, directors, agents, or other representatives; and
(2)  require the insurer or an officer, director, agent, or other representative of the insurer to produce for inspection by the commissioner or the commissioner's authorized representative all of the books, records, and papers of the insurer, officer, director, agent, or representative.
(b)  The commissioner or the commissioner's authorized representative may:
(1)  examine and make or have made copies of the books, records, and papers described by Subsection (a); and
(2)  take testimony under oath regarding the books, records, and papers and compel the attendance of witnesses for that purpose.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2001 - General Provisions: Fire Insurance and Allied Lines, Including Residential Property Insurance › Section 2001.005. Authority to Require Provision of Data

Sec. 2001.005.  AUTHORITY TO REQUIRE PROVISION OF DATA.  The department may require:
(1)  any or all of the fire insurance companies engaged in the business of insurance in this state to jointly or separately provide to the department any data the company or companies possess, including maps, tariffs, inspection reports, and any data affecting fire insurance risks in this state or any part of this state; and
(2)  any two or more of those companies or any joint agents or representatives of the companies to provide to the department for use in implementing a law described by Section 2001.001(a) any data the companies, agents, or representatives possess.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2001 - General Provisions: Fire Insurance and Allied Lines, Including Residential Property Insurance › Section 2001.007. Criminal Penalty

Sec. 2001.007.  CRIMINAL PENALTY.  (a)  An officer or director of a fire insurance company described by Section 2001.001, or an agent or person acting on behalf of or employed by a fire insurance company described by Section 2001.001, commits an offense if the officer, director, agent, or person intentionally:
(1)  performs or causes to be performed, alone or in conjunction with a corporation, company, or person, an act prohibited by a law described by Section 2001.001(a);
(2)  fails to perform an act required to be performed by a law described by Section 2001.001(a);
(3)  permits an act prohibited by a law described by Section 2001.001(a); or
(4)  otherwise violates a law described by Section 2001.001(a).
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $300 or more than $1,000.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2001 - General Provisions: Fire Insurance and Allied Lines, Including Residential Property Insurance › Section 2001.008. Immunity From Prosecution

Sec. 2001.008.  IMMUNITY FROM PROSECUTION.  (a)  A person is not excused from giving testimony or producing evidence when legally required at the trial of another person charged with violating a law relating to fire insurance on the ground that the testimony or evidence may incriminate the person under the laws of this state.
(b)  A person may not be prosecuted or subjected to a penalty or forfeiture for or because of a transaction, matter, or thing about which the person testifies or produces evidence under this section.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2001 - General Provisions: Fire Insurance and Allied Lines, Including Residential Property Insurance › Section 2001.009. Limitation on Compensation and Expenses

Sec. 2001.009.  LIMITATION ON COMPENSATION AND EXPENSES.  The total amount of necessary compensation for experts, clerical personnel, and other department employees and necessary expenses, including travel expenses, incurred by the department in implementing the laws described by Section 2001.001(a) may not exceed the amount of the assessments on the gross premiums of all fire insurance companies engaged in the business of insurance in this state.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2001 - General Provisions: Fire Insurance and Allied Lines, Including Residential Property Insurance › Section 2001.010. Public Guide Relating to Commercial Property Rating

Sec. 2001.010.  PUBLIC GUIDE RELATING TO COMMERCIAL PROPERTY RATING.  (a)  In this section, "rating agency" means a public or private legal entity that is authorized to conduct commercial property rating in this state.
(b)  The commissioner shall make available to the public a generalized guide that:
(1)  summarizes the procedures used by the department or other rating agency to rate nonresidential commercial buildings in this state; and
(2)  specifies how different construction elements and techniques used in a building project affect the insurance rating of the completed building.
(c)  The commissioner may charge a reasonable fee to cover the administrative costs of producing and distributing the guide.
(d)  The commissioner shall review the information in the guide in January of each odd-numbered year and shall revise the guide as necessary to incorporate any changes that have occurred in the preceding biennium that affect the information.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2002 - Policy Provisions and Forms for Fire Insurance and Allied Lines, Including Residential Property Insurance › Subchapter A. Policy Provisions › Section 2002.001. Policy Form or Endorsement Making Material Change to Policy

Sec. 2002.001.  POLICY FORM OR ENDORSEMENT MAKING MATERIAL CHANGE TO POLICY.  (a)  In this section, "material change" means a change to a policy that, with respect to a prior or existing policy:
(1)  reduces coverage;
(2)  changes conditions of coverage; or
(3)  changes the duties of the insured.
(b)  An insurer may not use a policy form or endorsement to a policy form to which Article 5.35, Subchapter B of this chapter, or Subchapter B, Chapter 2301, applies that makes a material change to the policy unless:
(1)  the insured requests the material change; or
(2)  the insurer provides the policyholder in a written notice an explanation of the material change that:
(A)  appears in a conspicuous place on the notice of the material change;
(B)  clearly indicates each material change to the policy;
(C)  is written in plain language; and
(D)  is provided to the policyholder not later than the 30th day before the date on which the policy expires.
(c)  Notice required by Subsection (b) may be provided to the policyholder in a notice of renewal.
(d)  In addition to the notice to the policyholder provided under Subsection (b), if an insurer elects to make a material change to a policy form or use an endorsement to make a material change to a policy form, not later than the 30th day before the earliest date on which the new policy form or endorsement is used, the insurer shall provide written notice to each agent of the insurer that clearly indicates each material change being made to the policy form.  An insurer may provide the notice to the agents in a single notice given to each agent of the insurer that summarizes substantially similar material changes to more than one policy form.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1018 (H.B. 2655), Sec. 1, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 60 (S.B. 417), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2002 - Policy Provisions and Forms for Fire Insurance and Allied Lines, Including Residential Property Insurance › Subchapter A. Policy Provisions › Section 2002.002. Lien on Insured Property

Sec. 2002.002.  LIEN ON INSURED PROPERTY.  A provision in an insurance policy issued by an insurer subject to this subtitle or Subchapter C, Chapter 5, is void if the provision states that the encumbrance of the insured property by a lien of any character at the time of or after the policy's issuance renders the policy void.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2002 - Policy Provisions and Forms for Fire Insurance and Allied Lines, Including Residential Property Insurance › Subchapter A. Policy Provisions › Section 2002.003. Coverages for Spouses and Former Spouses

Sec. 2002.003.  COVERAGES FOR SPOUSES AND FORMER SPOUSES.  A homeowners insurance policy or fire insurance policy promulgated under Article 5.35 or filed and in effect as provided by Subchapter B, Chapter 2301, may not be delivered, issued for delivery, or renewed in this state unless the policy contains the following language:  "It is understood and agreed that this policy, subject to all other terms and conditions contained in this policy, when covering residential community property, as defined by state law, shall remain in full force and effect as to the interest of each spouse covered, irrespective of divorce or change of ownership between the spouses unless excluded by endorsement attached to this policy until the expiration of the policy or until canceled in accordance with the terms and conditions of this policy."
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2002 - Policy Provisions and Forms for Fire Insurance and Allied Lines, Including Residential Property Insurance › Subchapter A. Policy Provisions › Section 2002.004. Jewelry Coverage

Sec. 2002.004.  JEWELRY COVERAGE.  (a)  In this section, "personal property insurance" means insurance against damage to or loss of tangible personal property, including coverage provided in a homeowners insurance policy, residential fire and allied lines insurance policy, or farm and ranch owners insurance policy.
(b)  This section applies to each insurer that provides personal property insurance in this state, including a county mutual insurance company, farm mutual insurance company, Lloyd's plan, and reciprocal or interinsurance exchange.
(c)  An insurer that provides personal property insurance coverage in this state for jewelry may elect to pay either:
(1)  the stated value of the jewelry item; or
(2)  the actual cost of replacing the jewelry item with one of like kind and quality.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2002 - Policy Provisions and Forms for Fire Insurance and Allied Lines, Including Residential Property Insurance › Subchapter A. Policy Provisions › Section 2002.005. Coinsurance Clauses

Sec. 2002.005.  COINSURANCE CLAUSES.  (a)  Except as otherwise provided by this section, an insurer subject to this subtitle or Subchapter C, Chapter 5, may not issue an insurance policy or contract covering property in this state that contains a clause that:
(1)  requires the insured to obtain or maintain a larger amount of insurance than expressed in the policy or contract; or
(2)  in any way provides that the insured is liable as a coinsurer with the insurer issuing the policy or contract for any part of the loss or damage that may be caused by fire to the property described in the policy or contract.
(b)  A clause described by Subsection (a) is void.
(c)  A coinsurance clause may be included in an insurance policy written on cotton, grain, or other products in the process of marketing, shipping, storing, or manufacturing.
(d)  An insured may be given an option to accept an insurance policy or contract that contains a clause described by Subsection (a) covering a class of property other than the property described by Subsection (c), a private dwelling, or a stock of merchandise offered for sale at retail that has a value of less than $10,000, if the insured is allowed a reduction in the premium rate for the policy or contract. A clause to which this subsection applies is valid and binding. The commissioner may promulgate the premium rates that apply to a coinsurance clause under this subsection.
(e)  The commissioner by order may authorize or require the use of any form of coinsurance clause in connection with an insurance policy that insures against the hazards of tornado, windstorm, and hail on any class of property. The commissioner may adopt rules with reference to:
(1)  coinsurance clauses authorized or required by this subsection and the use of those clauses; and
(2)  credits in premium rates for the use of coinsurance clauses authorized or required by this subsection.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2002 - Policy Provisions and Forms for Fire Insurance and Allied Lines, Including Residential Property Insurance › Subchapter B. Policy Forms › Section 2002.051. Policy Forms and Endorsements for Residential Property Insurance

Sec. 2002.051.  POLICY FORMS AND ENDORSEMENTS FOR RESIDENTIAL PROPERTY INSURANCE.  Notwithstanding Subsections (a)-(j), Article 5.35, policy forms and endorsements for residential property insurance in this state are regulated under Subchapter A, Chapter 2301, and Article 5.13-2.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2002 - Policy Provisions and Forms for Fire Insurance and Allied Lines, Including Residential Property Insurance › Subchapter B. Policy Forms › Section 2002.052. Applicability of Other Law to Residential Property Insurance

Sec. 2002.052.  APPLICABILITY OF OTHER LAW TO RESIDENTIAL PROPERTY INSURANCE.  An insurer may continue to use a policy form or endorsement promulgated, approved, or adopted by the commissioner under Article 5.35 before June 11, 2003, on notification in writing to the commissioner that the insurer will continue to use the policy form or endorsement.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2002 - Policy Provisions and Forms for Fire Insurance and Allied Lines, Including Residential Property Insurance › Subchapter C. Items Provided in Connection With Insurance Policy › Section 2002.101. Rate Analysis

Sec. 2002.101.  RATE ANALYSIS.  (a)  On issuing a fire insurance policy, an insurer engaged in the business of fire insurance in this state shall provide the policyholder with a written analysis of the rate or premium charged for the policy showing the items of charge and credit that determine the rate or premium.
(b)  Subsection (a) does not apply if the insurer has previously provided the policyholder with an analysis of the rate or premium.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2002 - Policy Provisions and Forms for Fire Insurance and Allied Lines, Including Residential Property Insurance › Subchapter C. Items Provided in Connection With Insurance Policy › Section 2002.102. Notice of Renewal

Sec. 2002.102.  NOTICE OF RENEWAL.  (a)  In this section, "material change" means a change to a policy that, with respect to a prior or existing policy:
(1)  reduces coverage;
(2)  changes conditions of coverage; or
(3)  changes the duties of the policyholder.
(b)  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 material change in each form of the policy offered to the policyholder on renewal from the form of the policy held immediately before renewal.
(c)  A notice provided under this section must:
(1)  appear in a conspicuous place in the notice of renewal;
(2)  clearly indicate each material 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.
(d)  In addition to the notice to the policyholder provided under this section, if an insurer elects to make a material change to 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 material change being made to the policy form.  An insurer may provide the notice to the agents in a single notice given to each agent of the insurer that summarizes substantially similar material changes to more than one policy form.
(e)  The commissioner may adopt rules as necessary to implement this section.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 60 (S.B. 417), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2002 - Policy Provisions and Forms for Fire Insurance and Allied Lines, Including Residential Property Insurance › Subchapter C. Items Provided in Connection With Insurance Policy › Section 2002.103. Disclosure Regarding Flood Coverage Required

Sec. 2002.103.  DISCLOSURE REGARDING FLOOD COVERAGE REQUIRED.  (a)  In this section:
(1)  "Commercial property insurance" has the meaning assigned by Section 2301.002, except that the term includes a commercial multiperil insurance policy that provides commercial property insurance coverage.
(2)  "Residential property insurance" has the meaning assigned by Section 2301.002, except that the term includes a farm and ranch insurance policy and a farm and ranch owners insurance policy.
(b)  This section applies to each insurer authorized to engage in the business of commercial or residential property insurance in this state, including a county mutual insurance company, farm mutual insurance company, Lloyd's plan, and reciprocal or interinsurance exchange.
(c)  An insurer that issues or renews a commercial or residential property insurance policy that does not provide coverage against loss caused by flooding shall include with the policy documents provided to the policyholder at the time the policy is issued or renewed the following statement:
"Flood Insurance:  You may also need to consider the purchase of flood insurance.  Your insurance policy does not include coverage for damage resulting from a flood even if hurricane winds and rain caused the flood to occur.  Without separate flood insurance coverage, you may have uncovered losses caused by a flood.  Please discuss the need to purchase separate flood insurance coverage with your insurance agent or insurance company, or visit www.floodsmart.gov."
(d)  The statement described by Subsection (c) must be conspicuous, as defined by Section 1.201, Business & Commerce Code.
(e)  An insurer's failure to comply with this section does not invalidate any exclusion, including a flood exclusion, in an insurance policy subject to this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 332 (S.B. 442), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter A. Evaluating Fire Loss Risk › Section 2003.001. Fire Loss Information

Sec. 2003.001.  FIRE LOSS INFORMATION.  (a)  The department shall ascertain as soon as practicable the annual fire loss in this state.
(b)  The department shall, in a manner that will aid in determining equitable insurance rates and methods to reduce annual fire loss and insurance rates of this state or subdivisions of this state:
(1)  obtain, make, and maintain records regarding the annual fire loss in this state; and
(2)  collect data concerning the annual fire loss as necessary to enable the department to classify:
(A)  fire losses in this state;
(B)  the causes of those fire losses;
(C)  the amount of the premiums collected for fire loss for each class of risk; and
(D)  the amount paid for the fire losses.
(c)  The commissioner may designate one or more advisory organizations or other agencies to gather, audit, and compile the fire loss experience of insurers.  The insurers shall bear the costs incurred under this subsection.
(d)  To implement this section, the department may:
(1)  employ clerical personnel, inspectors, experts, and other assistants; and
(2)  incur other necessary expenses.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter A. Evaluating Fire Loss Risk › Section 2003.002. Fire Suppression Ratings for Border Municipalities

Sec. 2003.002.  FIRE SUPPRESSION RATINGS FOR BORDER MUNICIPALITIES.  In assigning or evaluating a fire suppression rating for a municipality at or near the border between this state and another state or the United Mexican States, the commissioner shall consider the existence and capabilities of a fire department or volunteer fire department that:
(1)  serves an adjoining or nearby municipality in the other state or the United Mexican States; and
(2)  by agreement or by long-standing practice provides fire suppression services to the municipality in this state.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter A. Evaluating Fire Loss Risk › Section 2003.003. Credit for Reducing Fire Hazard

Sec. 2003.003.  CREDIT FOR REDUCING FIRE HAZARD.  The commissioner may give a locality, municipality, or other political subdivision credit for:
(1)  each fire hazard that the locality, municipality, or other political subdivision reduces or removes;
(2)  additional fire-fighting equipment, increased police protection, or any other equipment or improvement that tends to reduce the fire hazard of the locality, municipality, or other political subdivision; and
(3)  a good fire record made by the locality, municipality, or other political subdivision.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter A. Evaluating Fire Loss Risk › Section 2003.004. Policyholder Credit for Reducing Hazard

Sec. 2003.004.  POLICYHOLDER CREDIT FOR REDUCING HAZARD.  (a)  The commissioner may require an insurer to give credit to a policyholder for a hazard that the policyholder reduces or removes.
(b)  For purposes of this section, the following actions constitute a reduction in hazard by a policyholder:
(1)  the installation of a new standard fire hydrant approved by the department within the required distance of a risk, as prescribed by the department; or
(2)  the use of compressed air foam technology in fire-fighting equipment.
(c)  The insurer shall give credit in the proportion that the hazard is reduced or removed and shall refund to the policyholder the proportional part of the unearned premium charged for the hazard that is reduced or removed.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter B. Municipal Fire Loss Lists › Section 2003.051. Annual List of Insured Fire Losses by Municipality

Sec. 2003.051.  ANNUAL LIST OF INSURED FIRE LOSSES BY MUNICIPALITY.  (a)  The department shall compile for each municipality in this state a list for distribution to the municipality of the insured fire and lightning losses that:
(1)  exceed $100; and
(2)  are paid in the municipality for the preceding statistical year under policy forms:
(A)  adopted or approved by the commissioner and authorized for use by Section 2301.052(b); or
(B)  filed and in effect as provided by Section 2301.052(a).
(b)  Each list must include:
(1)  the name of each person recovering a loss under a policy form described by Subsection (a);
(2)  the address or location where the loss occurred; and
(3)  the amount paid by the insurer on the loss.
(c)  The department shall develop each list from information obtained from insurer reports of individual losses during the statistical year.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter B. Municipal Fire Loss Lists › Section 2003.052. Municipality's Request for List; Return Report

Sec. 2003.052.  MUNICIPALITY'S REQUEST FOR LIST; RETURN REPORT.  (a)  The department shall provide to a municipality a copy of the list compiled under Section 2003.051 for the municipality on the request of the municipality or the municipality's authorized agent or fire marshal.
(b)  Each municipality shall investigate the information contained in the list to determine the losses actually occurring within the limits of the municipality. The municipality shall report to the department:
(1)  a list of the losses that actually occurred within the limits of the municipality;
(2)  a list of the losses that did not occur within the limits of the municipality; and
(3)  other evidence essential to establishing the losses occurring in the municipality.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter B. Municipal Fire Loss Lists › Section 2003.053. List Corrections; Use

Sec. 2003.053.  LIST CORRECTIONS; USE.  The department shall:
(1)  make changes that the department considers appropriate to correct the list compiled under Section 2003.051 for a municipality; and
(2)  use the corrected list to determine the fire record credit or debit for the municipality for the next year.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter B. Municipal Fire Loss Lists › Section 2003.054. Charge for List and Fire Record System

Sec. 2003.054.  CHARGE FOR LIST AND FIRE RECORD SYSTEM.  The commissioner shall set and collect a charge for compiling and providing a list under this subchapter and as the commissioner considers appropriate for administering the fire record system.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter B. Municipal Fire Loss Lists › Section 2003.055. Department Authority to Require Provision of Fire Loss Information

Sec. 2003.055.  DEPARTMENT AUTHORITY TO REQUIRE PROVISION OF FIRE LOSS INFORMATION.  To accumulate statistical information for the control and prevention of fires, the department may require each municipality in this state and each insurer engaged in business in this state to provide to the department a complete and accurate report that lists all fire and lightning losses occurring in this state that are reflected in the municipality's or insurer's records.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter B. Municipal Fire Loss Lists › Section 2003.056. Discretionary Provision of List

Sec. 2003.056.  DISCRETIONARY PROVISION OF LIST.  The department is not required to provide a list compiled under this subchapter if the fire record system is not in effect.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter C. Voluntary Inspection Program › Section 2003.101. Definitions

Sec. 2003.101.  DEFINITIONS.  In this subchapter:
(1)  "Inspection" means a physical inspection of property for which residential property insurance is sought.
(2)  "Inspection certificate" means a certificate issued under this subchapter by an inspector indicating that the condition of property meets or exceeds minimum standards.
(3)  "Inspector" means a person authorized by the commissioner to perform inspections under this subchapter.
(4)  "Minimum standards" means the standards adopted by the commissioner by rule regarding the insurability of property under this subchapter.
(5)  "Residential property insurance" means insurance against loss to real or tangible personal property at a fixed location that is provided though a homeowners insurance policy, a residential fire and allied lines insurance policy, or a farm and ranch owners insurance policy.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter C. Voluntary Inspection Program › Section 2003.102. Right to Voluntary Inspection of Property Condition

Sec. 2003.102.  RIGHT TO VOLUNTARY INSPECTION OF PROPERTY CONDITION.  A person with an insurable interest in real or tangible personal property at a fixed location who desires to purchase residential property insurance may obtain an independent inspection of the condition of the property by an inspector authorized to perform inspections under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter C. Voluntary Inspection Program › Section 2003.103. Plan of Operation

Sec. 2003.103.  PLAN OF OPERATION.  (a)  The commissioner shall adopt a plan of operation for the voluntary inspection program.
(b)  The plan of operation must include rules and standards for the voluntary inspection program, including:
(1)  the manner and scope of the inspections to be performed;
(2)  the contents of the written evaluation report;
(3)  the form of the inspection certificate to be issued;
(4)  the term during which an inspection certificate is valid;
(5)  rules for the certification or licensing of persons authorized to perform inspections under the program; and
(6)  the fee that may be charged a person requesting an inspection under the program.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter C. Voluntary Inspection Program › Section 2003.104. Eligible Inspectors

Sec. 2003.104.  ELIGIBLE INSPECTORS.  Persons who may be certified or licensed to perform inspections under this subchapter include:
(1)  a person licensed to perform real property inspections under Chapter 1102, Occupations Code; and
(2)  a designated employee or agent of a county or municipality that chooses to establish a voluntary inspection program to inspect residential properties within the territorial limits of the county or municipality.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter C. Voluntary Inspection Program › Section 2003.105. Presumption of Insurability

Sec. 2003.105.  PRESUMPTION OF INSURABILITY.  (a)  The existence of an inspection certificate issued under this subchapter creates a presumption that the condition of the property inspected is adequate for the issuance of residential property insurance.
(b)  If an inspection certificate is used in whole or in part to determine insurability, an insurer may require as a condition of issuing a residential property insurance policy that the applicant for that insurance provide a written statement that there has not been a material or substantial change to the property condition since the date of the inspection certificate.
(c)  An insurer who receives an inspection certificate may not use the condition of the property as grounds to refuse to issue or renew residential property insurance unless the insurer:
(1)  reinspects the property; and
(2)  specifies the areas of deficiency in the insurer's declination letter.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter C. Voluntary Inspection Program › Section 2003.106. Enforcement

Sec. 2003.106.  ENFORCEMENT.  The commissioner by rule may provide for the use of any disciplinary procedure authorized by this code to:
(1)  maintain the integrity of the voluntary inspection program; or
(2)  ensure compliance with this subchapter.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2003 - Procedures for Evaluating Fire Loss Risk › Subchapter C. Voluntary Inspection Program › Section 2003.107. Rules

Sec. 2003.107.  RULES.  In addition to the plan of operation adopted under Section 2003.103, the commissioner may adopt rules that are appropriate to accomplish the purposes of this subchapter.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2004 - Residential Property Insurance in Underserved Areas › Section 2004.001. Definition

Sec. 2004.001.  DEFINITION.  In this chapter, "residential property insurance" means insurance against loss to real or tangible personal property at a fixed location that is provided through a homeowners insurance policy, residential fire and allied lines insurance policy, or farm and ranch owners insurance policy.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2004 - Residential Property Insurance in Underserved Areas › Section 2004.002. Designation of Underserved Areas

Sec. 2004.002.  DESIGNATION OF UNDERSERVED AREAS.  (a)  The commissioner by rule may designate an area as an underserved area for residential property insurance.
(b)  In determining which areas to designate as underserved, the commissioner shall consider:
(1)  whether residential property insurance is not reasonably available to a substantial number of owners of insurable property in the area;
(2)  whether access to the full range of coverages and policy forms for residential property insurance does not reasonably exist; and
(3)  any other relevant factor as determined by the commissioner.
(c)  The commissioner shall determine which areas to designate as underserved under this section not less than once every six years.
(d)  The commissioner shall conduct a study concerning the accuracy of current designations of underserved areas under this section for the purpose of increasing and improving access to insurance in those areas not less than once every six years.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 8.001, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2004 - Residential Property Insurance in Underserved Areas › Section 2004.003. Authorization for Issuance of Insurance

Sec. 2004.003.  AUTHORIZATION FOR ISSUANCE OF INSURANCE.  An insurer authorized to write property or casualty insurance in this state, including a Lloyd's plan and a reciprocal or interinsurance exchange, that writes residential property insurance in this state may write that insurance on forms adopted under this chapter.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2004 - Residential Property Insurance in Underserved Areas › Section 2004.004. Exclusion of Certain Coverage

Sec. 2004.004.  EXCLUSION OF CERTAIN COVERAGE.  Insurance provided under this chapter may not include windstorm and hail insurance coverage for a risk eligible for that coverage under Chapter 2210.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2004 - Residential Property Insurance in Underserved Areas › Section 2004.005. Availability of Coverage

Sec. 2004.005.  AVAILABILITY OF COVERAGE.  In a designated underserved area, each insurer described by Section 2004.003 shall provide to the insurer's agents, and the agents shall offer to all insureds, the full range of coverages prescribed under this chapter subject to the insurer's applicable rates and underwriting guidelines.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2004 - Residential Property Insurance in Underserved Areas › Section 2004.006. Policy Forms

Sec. 2004.006.  POLICY FORMS.  (a)  The commissioner shall adopt policy forms for residential property insurance that are specifically for use in designated underserved areas.  The policy forms must include a basic policy covering fire and allied lines perils with endorsements providing additional coverage at the insured's option.
(b)  An insurer writing insurance in an underserved area may use the policy forms adopted under this chapter.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2004 - Residential Property Insurance in Underserved Areas › Section 2004.007. Inapplicability of Certain Laws to Premiums

Sec. 2004.007.  INAPPLICABILITY OF CERTAIN LAWS TO PREMIUMS.  The premium for an insurance policy written under this chapter is not:
(1)  subject to tax under Chapter 221; and
(2)  considered net direct premiums under Section 2210.003(7).
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2004 - Residential Property Insurance in Underserved Areas › Section 2004.008. Rates

Sec. 2004.008.  RATES.  Rates for coverage provided under this chapter are determined according to the provisions of this code applicable to the insurer providing the coverage.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2005 - Home Warranty and Home Protection Insurance › Section 2005.001. Definitions

Sec. 2005.001.  DEFINITIONS.  In this chapter:
(1)  "Home protection insurance" means coverage insuring a purchaser of a home protection service or product against actual property loss.
(2)  "Home protection service or product" means a service or product used for the protection of residential property, including a service or product provided by a person regulated under Chapter 1702, Occupations Code.
(3)  "Home warranty insurance" means coverage:
(A)  insuring performance by a builder of residential property of the builder's warranty obligations to a purchaser of the residential property; or
(B)  insuring against named defects arising from failure of the builder to construct residential property in accordance with specified construction standards.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2005 - Home Warranty and Home Protection Insurance › Section 2005.002. Authorization to Write Certain Insurance

Sec. 2005.002.  AUTHORIZATION TO WRITE CERTAIN INSURANCE.  An insurer authorized to engage in the business of fire insurance and allied lines or inland marine insurance may write home warranty insurance or home protection insurance in this state.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2005 - Home Warranty and Home Protection Insurance › Section 2005.003. Manner of Regulation

Sec. 2005.003.  MANNER OF REGULATION.  Home warranty insurance or home protection insurance is not inland marine insurance, but is governed in the same manner and to the same extent as inland marine insurance.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.
2023 Texas Statutes › Insurance Code › Title 10 - Property and Casualty Insurance › Subtitle D - Fire Insurance and Allied Lines, Including Residential Property Insurance › Chapter 2005 - Home Warranty and Home Protection Insurance › Section 2005.004. Limits of Coverage

Sec. 2005.004.  LIMITS OF COVERAGE.  The amount of coverage under a home protection insurance policy may not exceed $2,000 for any single occurrence.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.