Highlights of the 79th Texas Legislature - Senate

INSURANCE
Requires ERS, not later than December 31, 2006, to submit a report of the results of the evaluation, including
findings and recommendations, to the governor, lieutenant governor, and speaker of the house of representatives.
Use of Prior Denial of Health Insurance by Health Insurers—H.B. 2810
By Representative Hochberg—Senate Sponsor: Senator Ellis
Under current law, health insurance companies may deny an applicant coverage if that applicant has been previously
denied coverage by another company. This bill:
Permits health benefit plan issuers to ask applicants for individual health benefit plans whether the applicants have
previously been denied health benefit plan coverage for the purpose of determining whether to ask for other
information.
Prohibits health benefit plans from considering whether the applicant has previously been denied health benefit plan
coverage in underwriting coverage for the applicant.
Provides that a health benefit plan issuer who violates this Act engages in unfair discrimination.
Requirements for Amusement Rides—H.B. 2879
By Representative Bill Keffer—Senate Sponsor: Senator Armbrister
Current law requires an insurance policy covering an amusement ride to insure the owner or operator against liability
for injury to persons in specified minimum limits. In practice, insurers do not write single limit policies and are
reluctant to do so at the request of the Department of Insurance. This bill:
Assists with insurance availability in a limited market for owners and operators of amusement rides in Texas.
Defines "challenge courses" and exempts challenge courses from the current definition of amusement ride.
This bill is similar to S.B. 1282.
Insurance Coverage for Structures Over Water—H.B. 3048
By Representative Hopson—Senate Sponsor: Senator Staples
Current insurance laws are unclear as to whether property located over water may qualify as insurable property. As a
result, many insurance carriers may not write wind and hail insurance coverage for properties over water. This bill:
Clarifies the Insurance Code to ensure that property over water is included as insurable property that may be covered
by insurance policies against windstorm or hail damage.
Allows Texas Windstorm Insurance Association and the FAIR (Fair Access to Insurance Requirements) plan to write
policies covering this type of structure.
HIGHLIGHTS - 79 TH TEXAS LEGISLATURE 151