Texas 2025 - 89th Regular

Texas Senate Bill SB 458

Filed
11/22/24  
Out of Senate Committee
4/2/25  
Voted on by Senate
4/9/25  
Out of House Committee
5/9/25  
Voted on by House
5/20/25  
Governor Action
6/20/25  

Caption

Relating to an appraisal process for disputed losses under personal automobile or residential property insurance policies.

Summary

SB 458 creates a new Chapter 1813 in the Texas Insurance Code to standardize appraisal provisions in personal automobile and residential property insurance policies. The bill requires covered policies to include an appraisal process for resolving disputes over the amount of a loss, and it directs the Texas Department of Insurance commissioner to adopt rules governing how appraisals are conducted, including deadlines and rules requiring appraisal for total loss and property damage. The appraisal process is described as a dispute-resolution mechanism limited to determining the amount of loss, not broader coverage issues. The bill applies to personal auto and residential property policies delivered, issued for delivery, or renewed in Texas by most insurers, including surplus lines insurers in certain cases and the FAIR Plan Association. It excludes commercial policies and policies issued by the Texas Windstorm Insurance Association. The law takes effect September 1, 2025, but applies only to policies delivered, issued, or renewed on or after January 1, 2026. Existing policy forms already in use on that date do not need to be refiled if they already comply with the new chapter. In terms of legal impact, SB 458 adds a mandatory appraisal framework to state insurance law and limits how disputed property-loss amounts are resolved under covered policies. It makes appraisal awards binding on both the policyholder and insurer except in cases of fraud, accident, material mistake, or lack of authority, while preserving applicable policy terms. This will affect insurers, policyholders, appraisers, and umpires by creating a more uniform process for resolving valuation disputes after auto or residential property losses. The overall sentiment around the bill appears strongly favorable and noncontroversial. It passed the House 143-0 and the Senate 29-0, with the Senate later concurring in House amendments by unanimous vote. The lack of recorded opposition suggests broad agreement on the need for a clearer, standardized appraisal process in property insurance disputes. There is little visible contention in the available record, but the bill’s main policy choices are that it makes appraisal mandatory in covered policies, gives the commissioner rulemaking authority, and makes appraisal awards binding with limited exceptions. Potential points of concern for stakeholders would be the scope of mandatory appraisal, the exclusion of commercial and windstorm policies, and the extent to which the commissioner’s rules could affect timing and selection of appraisers and umpires.

Impact

SB 458 amends the Texas Insurance Code by adding Chapter 1813, which requires personal automobile and residential property insurance policies to include an appraisal clause that meets statutory standards. It authorizes the Texas Department of Insurance commissioner to adopt implementing rules, including deadlines for completing appraisals and rules requiring appraisal for total loss and property damage disputes. The bill binds appraisal awards on both parties except in limited circumstances and applies prospectively to policies renewed or issued on or after January 1, 2026.

Sentiment

The bill appears to have enjoyed broad bipartisan support and little to no opposition. It passed the House 143-0 and the Senate 29-0, and the Senate later concurred in House amendments unanimously. The voting record suggests the legislation was viewed as a practical insurance-process measure rather than a controversial policy change.

Contention

No major contention is evident in the available transcripts or votes. The main issues inherent in the bill are procedural: it mandates appraisal provisions in covered policies, gives the commissioner authority to set rules for timing and appraiser selection, and makes appraisal awards binding except for fraud, accident, material mistake, or lack of authority. Any disagreement would likely center on those implementation details, as well as the exclusions for commercial policies and Texas Windstorm Insurance Association policies.

Companion Bills

TX HB 4570

Identical Relating to an appraisal process for disputed losses under personal automobile or residential property insurance policies.

Previously Filed As

TX HB4570

Relating to an appraisal process for disputed losses under personal automobile or residential property insurance policies.

TX SB369

Relating to an appraisal procedure for disputed losses under personal automobile insurance policies.

TX HB4569

Relating to an appraisal procedure for disputed losses under personal automobile insurance policies.

TX HB345

Relating to an appraisal process for disputed losses under residential property insurance policies.

TX HB1247

Property Insurance Appraisal Clause Claim Disputes

TX SB213

Relating to prohibiting insurers from requiring the tying of residential property and personal automobile insurance policies.

TX HB5519

Relating to rates for residential property insurance and personal automobile insurance.

TX HB2515

Relating to prohibiting insurers from requiring the bundling of personal automobile or residential property insurance policies.

TX A3262

Requires automobile insurers to include appraisal provisions in insurance policies.

TX S2157

Requires automobile insurers to include appraisal provisions in insurance policies.

Similar Bills

No similar bills found.