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  89R9110 SCR-D     By: West S.B. No. 1082       A BILL TO BE ENTITLED   AN ACT   relating to declination and nonrenewal of residential and personal   automobile insurance policies based on previous claims.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 551, Insurance Code, is amended by   adding Subchapter F to read as follows:   SUBCHAPTER F.   DECLINATION AND NONRENEWAL OF RESIDENTIAL PROPERTY   AND PERSONAL AUTOMOBILE INSURANCE POLICIES           Sec. 551.251.  DEFINITIONS. In this subchapter:                 (1)     "Insurer" means any authorized insurer writing   property and casualty insurance in this state, including:                       (A)  a county mutual insurance company;                       (B)  a Lloyd's plan;                       (C)  a reciprocal or interinsurance exchange; and                       (D)  a farm mutual insurance company.                 (2)     "Personal automobile insurance" and "residential   property insurance" have the meanings assigned by Section 2254.001.           Sec.   551.252.     APPLICABILITY OF SUBCHAPTER. This subchapter   applies only to:                 (1)  a residential property insurance policy; or                 (2)  a personal automobile insurance policy.           Sec.   551.253.     CONSIDERATION OF PREVIOUS CLAIMS FOR   DECLINATION OR NONRENEWAL. (a)   When deciding whether to issue or   renew an insurance policy, an insurer may not use the fact that the   applicant or policyholder previously made an insurance claim on any   policy or the amount of a previous claim as a basis for a   declination or nonrenewal.           (b)     Nothing in this section prohibits an insurer from   considering the circumstances under which a previous claim was made   when deciding whether to issue or renew an insurance policy.          SECTION 2.  The changes in law made by this Act apply only to   an insurance policy delivered, issued for delivery, or renewed on   or after January 1, 2026.          SECTION 3.  This Act takes effect September 1, 2025.