Tex. Ins. Code Section 544.303
Prohibition of Certain Underwriting Decisions Based on Previous Mold Claim or Damage

An insurer may not make an underwriting decision regarding a residential property insurance policy based on previous mold damage or a claim for mold damage if:

(1)

the applicant for insurance coverage has property eligible for coverage under a residential property policy;

(2)

the property has had mold damage;

(3)

mold remediation has been performed on the property; and

(4)

the property was:

(A)

remediated, as evidenced by a certificate of mold remediation issued to the property owner under Section 1958.154 (Certificate of Mold Remediation; Duty of Property Owner), Occupations Code, that establishes with reasonable certainty that the underlying cause of the mold at the property has been remediated; or

(B)

inspected by an independent assessor or adjustor who determined, based on the inspection, that the property does not contain evidence of mold damage.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.014(a), eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 3B.021(a), eff. September 1, 2007.

Source: Section 544.303 — Prohibition of Certain Underwriting Decisions Based on Previous Mold Claim or Damage, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­544.­htm#544.­303 (accessed Apr. 29, 2024).

544.001
Applicability of Subchapter 544.002
Unfair Discrimination 544.003
Exceptions 544.004
Enforcement Actions 544.051
Applicability of Subchapter 544.052
Unfair Discrimination 544.053
Exceptions 544.054
Judicial Action 544.101
Definitions 544.102
Applicability of Subchapter 544.103
Prohibition on Use of Certain Guidelines 544.151
Definition 544.152
Applicability of Subchapter 544.153
Prohibitions 544.154
Confidentiality of Certain Information 544.155
Underwriting Criteria 544.156
Health Benefit Plan Issuer or Life Insurer Not Liable for Death or Bodily Injury 544.157
Right to Continued Coverage Unaffected 544.158
Unfair or Deceptive Act or Practice 544.201
Definition 544.202
Prohibition 544.203
Unfair or Deceptive Act or Practice 544.204
Payment for Disease Not Required 544.251
Definitions 544.252
Applicability of Subchapter 544.253
Prohibition 544.254
Unfair or Deceptive Act or Practice 544.301
Definitions 544.302
Applicability of Subchapter 544.303
Prohibition of Certain Underwriting Decisions Based on Previous Mold Claim or Damage 544.304
Rules 544.305
Penalty 544.351
Purpose 544.352
Definitions 544.353
Restrictions on Use of Claims History for Water Damage 544.354
Rules 544.401
Offense: Certain Discrimination 544.451
Definition 544.452
Applicability of Subchapter 544.453
Prohibition 544.501
Definition 544.502
Limitation on Certain Inquiries 544.503
Violation of Subchapter 544.551
Definition 544.552
Applicability 544.553
Prohibition of Underwriting and Rating Decisions Based on Consumer Inquiry 544.601
Applicability of Subchapter 544.602
Prohibition 544.603
Exceptions 544.604
Enforcement Actions 544.651
Definition 544.652
Applicability of Subchapter 544.653
Prohibitions
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Accessed:
Apr. 29, 2024

§ 544.303’s source at texas​.gov