Bill Text: TX HB3021 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the use of a consumer's credit score in the underwriting or rating of certain personal lines property and casualty insurance policies.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2025-04-16 - Reported favorably as substituted [HB3021 Detail]
Download: Texas-2025-HB3021-Introduced.html
| 89R11475 SCF-F | ||
| By: Smithee | H.B. No. 3021 | |
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| relating to the use of a consumer's credit score in the underwriting | ||
| or rating of certain personal lines property and casualty insurance | ||
| policies. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 559.053(b), Insurance Code, is amended | ||
| to read as follows: | ||
| (b) Except as provided by Section 559.058(b), if [ |
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| policy is issued to the applicant for insurance coverage, an | ||
| insurer or agent is not required to make the disclosure required | ||
| under Subsection (a) on any subsequent renewal of the coverage. | ||
| SECTION 2. Subchapter B, Chapter 559, Insurance Code, is | ||
| amended by adding Section 559.058 to read as follows: | ||
| Sec. 559.058. POLICY RE-RATING BASED ON UPDATED CREDIT | ||
| SCORE. (a) An insurer that uses credit scoring in the underwriting | ||
| or rating of insurance subject to this chapter shall: | ||
| (1) use a consumer's credit report issued not more than | ||
| 90 days before the date the policy is first issued or renewed; | ||
| (2) review and update the credit report of an insured | ||
| not less than every 36 months; and | ||
| (3) reassess the insured's policy rating and adjust | ||
| premiums based on the updated credit score. | ||
| (b) An insurer must provide written notice to the insured of | ||
| any change in the insured's credit score and premiums. The notice | ||
| must include: | ||
| (1) the date of the credit score update; | ||
| (2) a description of how the updated credit score was | ||
| used to calculate any change to the insured's premium, if | ||
| applicable; and | ||
| (3) a description of the insured's rights under | ||
| Subsection (c) and Sections 559.054 and 559.055. | ||
| (c) On renewal of an insurance policy, the insurer: | ||
| (1) shall, on request of an insured or the insured's | ||
| agent, re-underwrite and re-rate the policy based upon a current | ||
| credit report or insurance score, not exceeding once each 12-month | ||
| period; and | ||
| (2) may obtain an insured's credit score in accordance | ||
| with the insurer's underwriting guidelines, regardless of whether | ||
| the renewal occurs before the expiration of the 36-month period | ||
| described by Subsection (a)(2). | ||
| (d) An insurer is not required to update an insured's credit | ||
| score and policy rating under this section if: | ||
| (1) the insured in writing opts out of credit score | ||
| updates; | ||
| (2) the insured is in the most favorably priced tier of | ||
| the insurer within a group of affiliated insurers; | ||
| (3) credit scoring is not used in the underwriting or | ||
| rating of the insurance policy; or | ||
| (4) the insured's insurance product or type of | ||
| coverage does not rely on credit scoring as a factor. | ||
| SECTION 3. Subchapter B, Chapter 559, Insurance Code, as | ||
| amended by this Act, applies only to an insurance policy that is | ||
| delivered, issued for delivery, or renewed on or after January 1, | ||
| 2026. | ||
| SECTION 4. This Act takes effect September 1, 2025. | ||
