Kitzman, who was appointed by Gov. Rick Perry nearly two years ago, has faced opposition from Democrats and Republicans in the upper chamber, several senators say. To remain as commissioner, she would need the support of at least two-thirds of senators in the current legislative session.

Senate Nominations Committee Chairman Glenn Hegar, R-Katy, said Thursday that he was posting the agenda for his last meeting of the session, to be held Monday, and it did not include Kitzman’s name.

Read More: The Dallas Morning News

Failing to win the Senate’s blessing during the regular legislative session would force her out of that major regulatory post when the session ends May 27.

Sen. Glenn Hegar, R-Katy, said the session’s last meeting of the Nominations Committee, which he chairs, will be on Monday.

“I plan to have my last hearing on Monday — that’s the UT Board of Regents, as well as a whole list of non-appearing nominees,” Hegar said. “Being that I need to post this afternoon — that’s my plan — I do not expect to get any more nominees for any other positions right now. That includes the Department of Insurance, most likely.”

Read More: The Texas Tribune

Currently, most health insurance companies are entitled to reimbursement for all such medical expenses paid, thereby often leaving an injured person with little or nothing from their recovery. There is little incentive for many cases to settle quickly or at all. House Bill 1869 provides an equitable legal framework for settling cases, which helps an injured person timely meet other expenses while providing certainty to health insurers.

“I am very appreciative of the numerous and diverse stakeholders who worked diligently with Senator Duncan and me over the course of the entire session in crafting a bill that is sound public policy for Texans. This is a bipartisan win-win bill that balances the interests of Texas families, health insurance providers and our civil justice system. I thank my House colleagues for favorably supporting this bill by a vote of 144 to 0 and the Senate for supporting this bill 30 to 1. I especially thank the severely injured Texans who courageously testified in support of this bill in both the House and Senate,” Price said.

Read More: Cypress Creek Monitor

Demand that your insurer hold up its end of the deal.

You have paid your hard-earned premiums for years, hoping you’ll never have to use the insurance policy you purchased. But now that day has unfortunately come. Make sure that your for-profit insurance carrier honors all of its obligations and strictly follows the law during your time of need. There are laws on the books requiring carriers to treat policyholders fairly and pay promptly. If you have any question as to whether a carrier is dragging its heels, strong-arming, or low-balling you, seek legal advice.

Understand what you’re signing. Ask questions until you understand.

Never sign any documents that release your legal claims unless it is truly your intent to do so. Do not deposit any checks from insurers that have “settlement” written anywhere on them unless you have all of the facts about the value of your loss and are completely satisfied with the amount. Otherwise, you may inadvertently sell yourself short.

Take notes and document everything you can.

Try, at once, to make a list of your possessions. If at all possible and as soon as you can, obtain a repair estimate from a trusted local contractor to use as a guide in talking with the insurance company’s adjuster. Keep receipts from emergency repairs and any costs you incur in temporary housing. This may be reimbursable under the “loss of use” portion of your homeowners’ policy.

Keep a journal of all of your contact with or attempts to contact your insurance company. If they will not return your phone calls, fail to show at a scheduled appointment, or even if they are rude to you, write this down in a notebook. Log every conversation that you have with them. This could come in handy if you need to file a complaint or later need to talk to an attorney.

Ask for proof.

If your insurance company tells you that your policy does not cover the damage that occurred or you feel that the offer is too low, ask for proof. The burden is on them to point out the part of your policy that states what they are saying is correct.

Beware of fly-by-night contractors.

When you are looking to rebuild, only use a contractor with good references and an established presence in the area. Make sure to call those references and don’t be afraid to ask tough questions when checking the contractor out. Also, be sure to look into online consumer recommendation services to get reviews of contractors and other professionals. Ask the contractor in writing if he’s ever been sued for shoddy construction or payment disputes. Price several contractors, aggressively negotiate terms and deadlines, and do not sign any contracts that are front-loaded or force you into arbitration, which strips you of your constitutional right to trial.

Additional Resources:
Texas Office of Public Insurance Counsel
Consumer Bill of Rights (Texas Department of Insurance)
State Bar’s Lawyer Referral Information Service

These tips are for general informational purposes only and are not a substitute for the advice of an attorney.

“Through their elected officials,” he said, Texans “clearly send the message of their comfort with the amount of oversight.”

This antipathy toward regulations is shared by many residents here. Politicians and economists credit the stance with helping attract jobs and investment to Texas, which has one of the fastest-growing economies in the country, and with winning the state a year-after-year ranking as the nation’s most business friendly.

Read More: The New York Times

What’s wrong with named driver policies? Because of the gaping holes in these policies:

• More uninsured drivers are on the road;
• Innocent drivers are forced to bear the cost of repairs and medical expenses after an accident; and
• The cost of uninsured motorist coverage is more expensive for drivers with meaningful coverage.

The bill, HB 1773 by Rep. Ed Thompson, bans the use of named-driver policies outright, ensuring that anyone who drives your car is covered under your insurance policy unless you choose to specifically exclude them. As Rep. Craig Eiland said during the debate, the bill “stops the sale of junk policies that mislead people and don’t give them coverage.”

Check out the House floor debate:

The bill passed the House 109-23 with bipartisan support. It has the support of a broad coalition that includes policyholder advocates, as well as segments of the insurance industry and business community. Particular thanks to the bill’s authors, Rep. Thompson, Rep. Doug Miller, and Rep. Patricia Harless, as well as members who voiced support during the floor debate, Rep. Eiland and Rep. John Smithee, chair of the House Insurance Committee. The bill now goes to the Senate for consideration.

From home exterminators to air-conditioner repairmen and tow-truck drivers, dozens of different types of companies in Texas must have insurance to cover injuries, deaths and property damage they might cause.

But not so for plants mixing and storing volatile materials like West Fertilizer Co., where a fire and explosion last month killed 15 people and injured 200.

Three state agencies couldn’t explain why there were no liability insurance mandates for companies like West Fertilizer, other than the Texas Legislature hadn’t created rules requiring such coverage. A fourth, the Texas Department of Insurance, says it only oversees insurance companies and the amusement ride industry.

Read More: The Dallas Morning News

When it comes to protecting public health and safety from threats posed by unsafe fertilizer plants in rural areas and equally dangerous industrial operations in major cities, Texas politicians have adopted a Wild West attitude that gives Texas businesses great freedom to innovate and grow the economy. But the Legislature and the governor have been less concerned about ensuring that these companies exercise that freedom in a responsible manner and are held accountable when they don’t.

In a regulatory environment in which companies have virtually unchecked economic freedom but not enough responsibility and accountability, the inevitable result is a series of crises like the West explosion.

Horrible as they are, these predictable crises provide an opportunity for legislatures to re-examine the balance between economic freedom and corporate responsibility and accountability. The Texas Legislature could go a long way toward restoring that balance by creating an agency to protect the safety and health of the working people of this state.

Read More: The Dallas Morning News

But a muddled and fractured state and federal regulatory system allowed the conditions that led to the explosion. And measures that could have prevented the explosion were either not required or enforced.

Gov. Rick Perry, who was in Illinois on Monday trying to tempt companies to move to Texas in part by touting the state’s freedom from vigorous regulations, told the Associated Press that spending more state money on inspections would not have prevented the explosion in West. We don’t share Perry’s comfort with the state’s current oversight of fertilizer plants — or the federal government’s. More should be done to try to prevent what happened in West from happening elsewhere.

Read More: Austin American-Statesman

…

The explosion in West, which killed at least 14 people, is now entering a dark pantheon of events in Texas, ones that will surely lead to debates in the state about government regulation and oversight — or the lack thereof. About what “public safety” really means, implies, entails. About Texas’ passionate history of pushing back at what some see as big-government intrusion — a trend that traces back to the regulation-free days of wildcatting in the oil patches.

As before, there will be demands that Texas be willing to scrutinize companies so tragedies like the one in West never occur again. But if history is any guide, lawmakers and officials will still err on the side of industry and less so on the side of public safety. And there will be another West in the years to come.

Read More: The New York Times