1. (a) Except as provided by Subsections (e) and (f), a windstorm and hail insurance policy issued by the association for a dwelling, as that term is defined by the department or a successor to the department, must include coverage for:

   1. (1) wind-driven rain damage, regardless of whether an opening is made by the wind;
   2. (2) loss of use; and
   3. (3) consequential losses.
2. (b) A windstorm and hail insurance policy issued by the association for tenant contents of a dwelling or other residential building must include coverage for loss of use and consequential losses.

3. (c) The coverage required under Subsection (a) or (b) must be made:

   1. (1) according to forms approved by the commissioner; and
   2. (2) for a premium paid by the insured based on rates established by commissioner rule.
4. (d) The association shall provide coverage under this section as directed by commissioner rule.
5. (e) The association is not required to offer coverage for indirect losses as provided by Subsection (a) or (b) unless that coverage was excluded from a companion policy in the voluntary market.

6. (f) The association is not required to provide coverage for:

   1. (1) loss of use, if the loss is loss of rent or loss of rental value; or
   2. (2) additional living expenses, if the insured property is a secondary or a nonprimary residence.

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.