1. (a) The association may offer a person insured under this chapter an actuarially justified premium discount on a policy issued by the association, or an actuarially justified credit against a surcharge assessed against the person, other than a surcharge assessed under Subchapter M, M-1, or M-2, if:

   1. (1) the construction, alteration, remodeling, enlargement, or repair of, or an addition to, insurable property exceeds applicable building code standards set forth in the plan of operation; or
   2. (2) the person elects to purchase a binding arbitration endorsement under Section 2210.554.

2. (a) The association may offer a person insured under this chapter an actuarially justified premium discount on a policy issued by the association, or an actuarially justified credit against a surcharge assessed against the person, other than a surcharge assessed under Subchapter M-1 or M-2, if:

   1. (1) the construction, alteration, remodeling, enlargement, or repair of, or an addition to, insurable property exceeds applicable building code standards set forth in the plan of operation; or
   2. (2) the person elects to purchase a binding arbitration endorsement under Section 2210.554.
3. (b) A premium discount or a credit against a surcharge under Subsection (a)(2) may not exceed 10 percent of the premium for the policy, before the application of the discount.
4. (c) The commissioner shall adopt rules necessary to implement and enforce this section, including rules defining "actuarially justified" for the purposes of this section.

Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 34, eff. September 28, 2011.

Acts 2025, 89th Leg., R.S., Ch. 895 (H.B. 3689), Sec. 2.05(a), eff. September 1, 2025.

Acts 2025, 89th Leg., R.S., Ch. 895 (H.B. 3689), Sec. 2.05(b), eff. September 1, 2027.