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  89R13971 DNC-F     By: Morgan H.B. No. 4268       A BILL TO BE ENTITLED   AN ACT   relating to recoverable depreciation for property damage claims   under an insurance policy.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 2301, Insurance Code, is   amended by adding Section 2301.011 to read as follows:           Sec.   2301.011.     RECOVERABLE DEPRECIATION. (a)   An insurance   policy providing coverage for property damage must permit an   insured to recover depreciation withheld from a claim for a covered   loss until the second anniversary of the date the insurer issues a   claim payment for the loss.           (b)  The recoverable depreciation may not:                 (1)     be considered part of the insurer's defense costs;   or                 (2)     be deducted from any defense coverage limits under   an insurance policy.          SECTION 2.  Section 2301.011, 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.