SB 458: auto and home policies must include an appraisal clause

Caption

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

Caption from analyzed text · version I.

Summary

A set way to settle what a loss is worth.

The bill requires every personal auto and home insurance policy sold or renewed in Texas to include an appraisal clause for settling disputes over how much a loss is worth. It covers most insurers, including surplus lines carriers and the FAIR Plan, but leaves out the Texas Windstorm Insurance Association and commercial policies, and it tells the insurance commissioner to write rules, including a deadline for finishing an appraisal. Starting with policies issued or renewed on or after January 1, 2026, the dollar amount set by appraisal binds both the policyholder and the insurer unless there is fraud or a material mistake.

Labels

Labels: NO AUTOGRAPH. Became law without the governor's signature on Jun 20, 2025.

Receipt

The receipt

89R-SB458 · 2024-11-22

SOLD BY

Sen. Charles SchwertnerRSenate 5

+ 2 coauthors

ITEM

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

WHAT IT DOES

A set way to settle what a loss is worth.

The bill requires every personal auto and home insurance policy sold or renewed in Texas to include an appraisal clause for settling disputes over how much a loss is worth. It covers most insurers, including surplus lines carriers and the FAIR Plan, but leaves out the Texas Windstorm Insurance Association and commercial policies, and it tells the insurance commissioner to write rules, including a deadline for finishing an appraisal. Starting with policies issued or renewed on or after January 1, 2026, the dollar amount set by appraisal binds both the policyholder and the insurer unless there is fraud or a material mistake.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · May 5, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

Nov 22, 2024Received by the Secretary of the Senate
Nov 22, 2024Filed
Feb 3, 2025Read first time
Feb 3, 2025Referred to Business & Commerce
Mar 27, 2025Scheduled for public hearing on . . .
Mar 27, 2025Considered in public hearing
Mar 27, 2025Testimony taken in committee
Mar 27, 2025Left pending in committee
Apr 1, 2025Considered in public hearing
Apr 1, 2025Vote taken in committee
Apr 2, 2025Reported favorably as substituted
Apr 2, 2025Recommended for local & uncontested calendar
Apr 2, 2025Committee report printed and distributed
Apr 7, 2025Placed on intent calendar
Apr 9, 2025Co-author authorized
Apr 9, 2025Rules suspended-Regular order of business
Apr 9, 2025Vote recorded in Journal
Apr 9, 2025Read 2nd time
Apr 9, 2025Amendment(s) offered FA1 Gutierrez
Apr 9, 2025Amendment fails of adoption
Apr 9, 2025Record vote
Apr 9, 2025Passed to engrossment
Apr 9, 2025Record vote
Apr 9, 2025Three day rule suspended
Apr 9, 2025Record vote
Apr 9, 2025Read 3rd time
Apr 9, 2025Passed
Apr 9, 2025Record vote
Apr 9, 2025Reported engrossed
Apr 10, 2025Received from the Senate
Apr 17, 2025Read first time
Apr 17, 2025Referred to Insurance
Apr 22, 2025Posting rule suspended
Apr 23, 2025Scheduled for public hearing on . . .
Apr 23, 2025Considered in public hearing
Apr 23, 2025Testimony taken/registration(s) recorded in committee
Apr 23, 2025Left pending in committee
May 5, 2025Considered in formal meeting
May 5, 2025Committee substitute considered in committee
May 5, 2025Reported favorably as substituted
May 9, 2025Comte report filed with Committee Coordinator
May 10, 2025Committee report distributed
May 10, 2025Committee report sent to Calendars
May 14, 2025Considered in Calendars
May 16, 2025Placed on General State Calendar
May 19, 2025Rules suspended
May 19, 2025Additional sponsor(s) authorized
May 19, 2025Read 2nd time
May 19, 2025Passed to 3rd reading
May 19, 2025Record vote RV#2936
May 20, 2025Read 3rd time
May 20, 2025Passed
May 20, 2025Record vote RV#3006
May 20, 2025House passage as amended reported
May 26, 2025House amendment(s) laid before the Senate
May 26, 2025Read
May 26, 2025Senate concurs in House amendment(s)
May 26, 2025Record vote
May 26, 2025Senate concurs in House amendment(s)-reported
May 26, 2025Reported enrolled
May 27, 2025Signed in the Senate
May 28, 2025Signed in the House
May 28, 2025Sent to the Governor
Jun 20, 2025Filed without the Governor's signature
Jun 20, 2025Effective on 9/1/25

FILED UNDER

No verified beat found.

SIGNED FOR BY

House · 143 yea · 0 nay

Senate · 29 yea · 0 nay

Sources

House: Final passage · May 20, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · Apr 9, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Charles Schwertner

Donors

Donors report through Texans for Charles Schwertner.

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Jul 1, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Votes7

Senate May 26, 2025

Yea: 30
Nay: 0
Present, not voting: 1
Absent: Not printed
Excused: Not printed

Names

MilesPresent, not voting

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Sources

Senator Schwertner moved to concur in the House amendment to SB 458. The motion prevailed by the following vote: Yeas 30, Nays 0, Present-not voting 1.

Published stock of positions for this vote, except where marked derived.

Yea: 30 (published)
Nay: 0 (published)
Present, not voting: 1 (published)
Absent: Not printed
Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

House May 20, 2025

Yea: 143
Nay: 0
Present, not voting: 2
Absent: 4
Excused: 1

Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 3006

SB 458 was passed by (Record 3006): 143 Yeas, 0 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

Yea: 143 (published)
Nay: 0 (published)
Present, not voting: 2 (published)
Absent: 4 (derived from named list)
Excused: 1 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

House May 19, 2025

Yea: 143
Nay: 0
Present, not voting: 2
Absent: 1
Excused: 4

Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 2936

CSSB 458 was passed to third reading by (Record 2936): 143 Yeas, 0 Nays, 2 Present, not voting.

Published stock of positions for this vote, except where marked derived.

Yea: 143 (published)
Nay: 0 (published)
Present, not voting: 2 (published)
Absent: 1 (derived from named list)
Excused: 4 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Senate Apr 9, 2025

Yea: 29
Nay: 0
Present, not voting: 1
Absent: Not printed
Excused: 1

Names

MilesPresent, not voting
KingExcused

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Sources

The bill was read third time and was passed by the following vote: Yeas 29, Nays 0, Present-not voting 1. (Same as previous roll call)

Published stock of positions for this vote, except where marked derived.

Yea: 29 (published)
Nay: 0 (published)
Present, not voting: 1 (published)
Absent: Not printed
Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 9, 2025

Yea: 29
Nay: 0
Present, not voting: 1
Absent: Not printed
Excused: 1

Names

MilesPresent, not voting
KingExcused

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Sources

Senator Schwertner moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 458 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Published stock of positions for this vote, except where marked derived.

Yea: 29 (published)
Nay: 0 (published)
Present, not voting: 1 (published)
Absent: Not printed
Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 9, 2025

Yea: 29
Nay: 0
Present, not voting: 1
Absent: Not printed
Excused: 1

Names

MilesPresent, not voting
KingExcused

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Sources

CSSB 458 was passed to engrossment by the following vote: Yeas 29, Nays 0, Present-not voting 1.

Published stock of positions for this vote, except where marked derived.

Yea: 29 (published)
Nay: 0 (published)
Present, not voting: 1 (published)
Absent: Not printed
Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 9, 2025

Yea: 11
Nay: 19
Present, not voting: Not printed
Absent: 0
Excused: 1

Names

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Sources

The amendment to CSSB 458 was read and failed of adoption by the following vote: Yeas 11, Nays 19.

Published stock of positions for this vote, except where marked derived.

Yea: 11 (published)
Nay: 19 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses37

For: 29
Against: 1
On: 7

Names

For

AARP Texas2 registrations
Alliance for Automotive Innovation2 registrations
American Adjuster Association1 registration
American Property Casualty Insurance Association2 registrations
Auto Body Association of Texas2 registrations
Coastal Windstorm Insurace Co.1 registration
Independent Insurance Agents of Texas2 registrations
Insurance Council of Texas1 registration
National Association of Public Insurance Adjusters (NAPIA)1 registration
Self1 registration
Self; Auto Claim Specialists2 registrations
Self; Miracle Body and Paint1 registration
Self; Texas Automobile Dealers Association1 registration
Self; Texas Trial Lawyers Assn1 registration
Self; Texas Trial Lawyers Association1 registration
Texas Appleseed2 registrations
Texas Association of Public Insurance Adjusters (TAPIA)1 registration
Texas Automobile Dealers Association1 registration
Texas Coalition for Affordable Insurance Solutions2 registrations
Texas Watch2 registrations

Against

Al Boenker Insurance Agency, Inc1 registration

On

Insurance Council of Texas1 registration
National Association of Mutual Insurance Companies1 registration
Office of Public Insurance Counsel2 registrations
Texas Department of Insurance3 registrations

Sources

37 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

House witness list. Source snapshot 2026-10-20, Central time.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version H · source

Sources

Fiscal note · version H · May 5, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas Senate · Filed Nov 22, 2024

06/20/2025 E Effective on 9/1/25

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed · House Committee Report · Enrolled

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Coauthors

César BlancoDSenate 29

Bryan HughesRSenate 1

Companion

HB 4570 by Dean (identical)

Subjects

Insurance--Motor Vehicles

Insurance--Property & Casualty

Taxation--Property-Appraisals & Appraisal Districts

INSURANCE, COMMISSIONER OF

Text

The text as introduced · 409 words

89R5448 DNC-D

By: Schwertner
S.B. No. 458

A BILL TO BE ENTITLED

AN ACT

relating to an appraisal process for disputed losses under personal

automobile or residential property insurance policies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 10, Insurance Code, is amended

by adding Chapter 1813 to read as follows:

CHAPTER 1813. APPRAISAL OF DISPUTED LOSSES

Sec. 1813.001. APPLICABILITY OF CHAPTER. (a) This chapter

applies only to a personal automobile or residential property

insurance policy delivered, issued for delivery, or renewed in this

state by an insurer, including:

(1) a capital stock insurance company;

(2) a mutual insurance company;

(3) a county mutual insurance company;

(4) a Lloyd's plan;

(5) a reciprocal or interinsurance exchange;

(6) a farm mutual insurance company;

(7) an eligible surplus lines insurer if this state is

the insured's home state as defined by Section 981.002; and

(8) the FAIR Plan Association.

(b) This chapter does not apply to:

(1) an insurance policy delivered, issued for

delivery, or renewed by the Texas Windstorm Insurance Association;

or

(2) a commercial insurance policy.

Sec. 1813.002. RULES. The commissioner shall adopt rules

necessary to implement this chapter, including rules establishing

the period in which an appraisal under a provision required by this

chapter must be completed. In adopting the rules establishing that

period, the commissioner shall:

(1) allow flexibility for an adequate investigation of

the claim that is the subject of the appraisal; and

(2) consider the time necessary to preserve the

independence of the appraisers.

Sec. 1813.003. REQUIRED POLICY PROVISION: APPRAISAL

PROCESS. (a) An insurance policy described by Section 1813.001(a)

must contain an appraisal provision that complies with this

chapter.

(b) The appraisal provision required by this chapter is

intended to provide a type of dispute resolution process solely to

determine the amount of loss when that amount is in dispute between

the policyholder and the insurer.

Sec. 1813.004. EFFECT OF APPRAISAL. (a) An appraisal under

the provision required by this chapter does not affect any

applicable policy terms.

(b) Except for fraud or material mistake relevant to the

appraisal, the amount of loss determined by an appraisal under this

chapter is binding as to the policyholder and the insurer.

SECTION 2. Chapter 1813, Insurance Code, as added by this

Act, applies 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.

Verdict: No flags

The receipt

SOLD BY

ITEM

WHAT IT DOES

CHARGES

TOTAL

HISTORY

SIGNED FOR BY

Donors

Senate May 26, 2025

House May 20, 2025

House May 19, 2025

Senate Apr 9, 2025

Senate Apr 9, 2025

Senate Apr 9, 2025

Senate Apr 9, 2025

For

Against

On

Companion