| (a) For purposes of this section, "insurer" means an
insurance company, reciprocal or interinsurance exchange, mutual insurance
company, capital stock company, county mutual insurance company, Lloyd's
plan, or other legal entity authorized to write residential property
insurance in this state. The term includes an affiliate, as described
by Insurance Code §823.003(a), if that affiliate is authorized
to write and is writing residential property insurance in this state.
The term does not include the Texas Windstorm Insurance Association
or the Texas Fair Plan Association.
(b) The Texas Department of Insurance adopts the 2021
version of the Consumer Bill of Rights - Homeowners, Dwelling, and
Renters Insurance (Homeowners Bill of Rights), and the Spanish language
translation, as developed and submitted by the Office of Public Insurance
Counsel:
Attached Graphic
Attached Graphic
(c) All insurers writing homeowners, dwelling, or renters
insurance must provide with each new policy of any such insurance
a copy of the 2021 version of the Homeowners Bill of Rights. At the
consumer's request, the insurer may provide an electronic copy of
the Homeowners Bill of Rights instead of a hard copy. The insurer
must provide the Homeowners Bill of Rights with each renewal notice
for any such insurance unless the insurer has previously provided
the policyholder with the 2021 version of the Homeowners Bill of Rights.
(d) The Homeowners Bill of Rights must appear in no
less than 10-point type and be on separate pages with no other text
on those pages.
(e) The insurer must provide the Spanish language version
of the 2021 version of the Homeowners Bill of Rights - Revised 2021
to any consumer who requests it.
(f) Insurers must provide the applicable Homeowners
Bill of Rights included in this section beginning November 15, 2021.
Before that date, insurers may provide the Homeowners Bill of Rights
either as it is currently included in this section or as it was included
in §5.9970 of this title as that section was amended to be effective
January 31, 2013.
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