84R12055 AJA-D
 
  By: Smithee H.B. No. 3646
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to insurance claims and certain prohibited acts and
  practices in or in relation to the business of insurance; amending
  provisions that are or may be subject to a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 541.002(2), Insurance Code, is amended
  to read as follows:
               (2)  "Person" means an individual, corporation,
  association, partnership, reciprocal or interinsurance exchange,
  Lloyd's plan, fraternal benefit society, or other legal entity
  engaged in the business of insurance, including an agent, broker,
  [adjuster,] or life and health insurance counselor. The term does
  not include an individual employed by an insurer as an adjuster or a
  third-party individual or entity engaged by an insurer to provide
  adjusting, estimating, consulting, engineering, or other services
  related to the insurer's adjustment of a claim.
         SECTION 2.  Section 541.060, Insurance Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  It is an unfair method of competition or an unfair or
  deceptive act or practice in the business of insurance for a person
  to engage in the following unfair settlement practices with respect
  to a claim by an insured or beneficiary:
               (1)  misrepresenting to a claimant a material fact or
  policy provision relating to coverage at issue;
               (2)  failing to attempt in good faith to effectuate a
  prompt, fair, and equitable settlement of:
                     (A)  a claim with respect to which the insurer's
  liability has become reasonably clear; or
                     (B)  a claim under one portion of a policy with
  respect to which the insurer's liability has become reasonably
  clear to influence the claimant to settle another claim under
  another portion of the coverage unless payment under one portion of
  the coverage constitutes evidence of liability under another
  portion;
               (3)  failing to promptly provide to a policyholder a
  reasonable explanation of the basis in the policy, in relation to
  the facts or applicable law, for the insurer's denial of a claim or
  offer of a compromise settlement of a claim;
               (4)  failing within a reasonable time to:
                     (A)  affirm or deny coverage of a claim to a
  policyholder; or
                     (B)  submit a reservation of rights to a
  policyholder;
               (5)  refusing, failing, or unreasonably delaying a
  settlement offer under applicable first-party coverage on the basis
  that other coverage may be available or that third parties are
  responsible for the damages suffered, except as may be specifically
  provided in the policy;
               (6)  undertaking to enforce a full and final release of
  a claim from a policyholder when only a partial payment has been
  made, unless the payment is a compromise settlement of a doubtful or
  disputed claim;
               (7)  refusing to pay a claim without conducting a
  reasonable investigation with respect to the claim;
               (8)  with respect to a Texas personal automobile
  insurance policy, delaying or refusing settlement of a claim solely
  because there is other insurance of a different kind available to
  satisfy all or part of the loss forming the basis of that claim; or
               (9)  requiring a claimant as a condition of settling a
  claim to produce the claimant's federal income tax returns for
  examination or investigation by the person unless:
                     (A)  a court orders the claimant to produce those
  tax returns;
                     (B)  the claim involves a fire loss; or
                     (C)  the claim involves lost profits or income.
         (c)  An insurer is solely responsible for any violation of
  Subsection (a) by:
               (1)  an individual employed by the insurer as an
  adjuster; or
               (2)  a third-party individual or entity engaged by the
  insurer to provide adjusting, estimating, consulting, engineering,
  or other services related to the insurer's adjustment of a claim.
         SECTION 3.  Section 541.061, Insurance Code, is amended to
  read as follows:
         Sec. 541.061.  MISREPRESENTATION OF INSURANCE POLICY. (a)
  It is an unfair method of competition or an unfair or deceptive act
  or practice in the business of insurance for a person to
  misrepresent an insurance policy by:
               (1)  making an untrue statement of material fact;
               (2)  failing to state a material fact necessary to make
  other statements made not misleading, considering the
  circumstances under which the statements were made;
               (3)  making a statement in a manner that would mislead a
  reasonably prudent person to a false conclusion of a material fact;
               (4)  making a material misstatement of law; or
               (5)  failing to disclose a matter required by law to be
  disclosed, including failing to make a disclosure in accordance
  with another provision of this code.
         (b)  An insurer is solely responsible for any violation of
  Subsection (a) by:
               (1)  an individual employed by the insurer as an
  adjuster; or
               (2)  a third-party individual or entity engaged by the
  insurer to provide adjusting, estimating, consulting, engineering,
  or other services related to the insurer's adjustment of a claim.
         SECTION 4.  Section 541.151, Insurance Code, is amended to
  read as follows:
         Sec. 541.151.  PRIVATE ACTION FOR ACTUAL DAMAGES AUTHORIZED.
  (a) A person who sustains actual damages may bring an action against
  another person for those damages caused by the other person
  engaging in an act or practice:
               (1)  defined by Subchapter B to be an unfair method of
  competition or an unfair or deceptive act or practice in the
  business of insurance; or
               (2)  specifically enumerated in Section 17.46(b),
  Business & Commerce Code, as an unlawful deceptive trade practice
  if the person bringing the action shows that the person relied on
  the act or practice to the person's detriment.
         (b)  For purposes of this subchapter, "actual damages" means
  an injury independent of the harm resulting from the insurer's
  denial of policy benefits. The policy benefits wrongfully
  withheld, as well as any attorney's fees or costs incurred to
  recover those policy benefits, do not constitute "actual damages"
  for purposes of this section.
         (c)  An insurer is solely responsible for any violation of
  Subsection (a) by:
               (1)  an individual employed by the insurer as an
  adjuster; or
               (2)  a third-party individual or entity engaged by the
  insurer to provide adjusting, estimating, consulting, engineering,
  or other services related to the insurer's adjustment of a claim.
         SECTION 5.  The heading to Section 541.152, Insurance Code,
  is amended to read as follows:
         Sec. 541.152.  ACTUAL DAMAGES, ATTORNEY'S FEES, AND OTHER
  RELIEF.
         SECTION 6.  Section 541.154, Insurance Code, is amended to
  read as follows:
         Sec. 541.154.  PRIOR NOTICE OF ACTION. (a) An insured [A
  person] seeking damages in an action against an insurer [another
  person under this subchapter] must provide written notice to the
  insurer [other person] not later than the 61st day before the date
  the action is filed.
         (b)  If the amount sought by the insured in the action
  involves a claim for damage items previously submitted to the
  insurer, the [The] notice must contain [advise the other person
  of]:
               (1)  a sworn statement signed by the insured stating
  the specific damage items and the amount alleged to be owed by the
  insurer [the specific complaint]; [and]
               (2)  the amount of the [actual damages and expenses,
  including] attorney's fees the insured reasonably incurred in
  asserting the claim against the insurer; and
               (3)  a stated amount that includes the amounts
  described by Subdivisions (1) and (2) that the insured will accept
  in full and final satisfaction of the claim [other person].
         (b-1)  If the amount sought by the insured in the action
  involves a claim for damage items not previously submitted to the
  insurer, the notice must contain:
               (1)  a sworn statement signed by the insured stating
  the specific damage items, the amount alleged to be owed by the
  insured, and the reason the damage items were not previously
  submitted to the insurer;
               (2)  copies of reports, estimates, photographs, and
  other items reasonably supporting the insured's additional damage
  items;
               (3)  a statement that the insured will cooperate in
  allowing the insurer to inspect the insured property for purposes
  of investigating the additional damage items;
               (4)  the amount of the attorney's fees the insured
  reasonably incurred in asserting the claim against the insurer; and
               (5)  a stated amount that includes the amounts
  described by Subdivisions (1) and (4) that the insured will accept
  in full and final satisfaction of the claim.
         (b-2)  Notice required by this section must be sent to the
  insurer by certified mail, return receipt requested.
         (c)  Notice under this section [The notice] is not required
  if giving notice is impracticable because the action:
               (1)  must be filed to prevent the statute of
  limitations from expiring; or
               (2)  is asserted as a counterclaim.
         SECTION 7.  Section 541.155, Insurance Code, is amended to
  read as follows:
         Sec. 541.155.  ABATEMENT; DISMISSAL. (a) A person against
  whom an action under this subchapter is pending who does not receive
  [the] notice as required by Section 541.154(b) [541.154] may file a
  plea in abatement not later than the 30th day after the date the
  person files an original answer in the court in which the action is
  pending.
         (b)  The court shall abate the action if, after a hearing,
  the court finds that the person is entitled to an abatement because
  the claimant did not provide [the] notice as required by Section
  541.154(b) [541.154].
         (c)  An action is automatically abated without a court order
  beginning on the 11th day after the date a plea in abatement is
  filed if the plea:
               (1)  is verified and alleges that the person against
  whom the action is pending did not receive [the] notice as required
  by Section 541.154(b) [541.154]; and
               (2)  is not controverted by an affidavit filed by the
  claimant before the 11th day after the date the plea in abatement is
  filed.
         (d)  An abatement under this section continues until the 60th
  day after the date notice is provided in compliance with Section
  541.154(b) [541.154].
         (d-1)  A person against whom an action under this subchapter
  is pending who does not receive notice as required by Section
  541.154(b-1) may file a motion to dismiss not later than the 30th
  day after the date the person files an original answer in the court
  in which the action is pending.
         (d-2)  The court shall grant the motion under Subsection
  (d-1) if, after a hearing, the court finds that the person is
  entitled to dismissal because the claimant did not provide notice
  as required by Section 541.154(b-1).
         (e)  Subsections (d-1) and (d-2) do [This section does] not
  apply if Section 541.154(c) applies. If Section 541.154(c)
  applies, the action may not be dismissed but shall be abated in
  accordance with Subsections (b), (c), and (d).
         SECTION 8.  Section 542.053, Insurance Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  This subchapter is not intended to create any right of
  action against an individual employed by an insurer as an adjuster
  or a third-party individual or entity engaged by an insurer to
  provide adjusting, estimating, consulting, engineering, or other
  services related to the insurer's adjustment of a claim. An insurer
  listed in Section 542.052 is solely responsible under this
  subchapter for an action of an individual employed by the insurer as
  an adjuster or a third-party individual or entity engaged by the
  insurer to provide adjusting, estimating, consulting, engineering,
  or other services related to the insurer's adjustment of a claim.
         SECTION 9.  Subchapter B, Chapter 542, Insurance Code, is
  amended by adding Section 542.0595 to read as follows:
         Sec. 542.0595.  PRIOR NOTICE OF ACTION; ABATEMENT OR
  DISMISSAL. (a) An insured may not bring suit under Section 542.060
  in connection with a claim for property damage or loss unless the
  insured has provided written notice to the insurer with respect to
  the claim in accordance with Section 541.154.
         (b)  A suit under Section 542.060 is subject to abatement or
  dismissal to the same extent and in the same manner provided by
  Section 541.155 for an action under Subchapter D, Chapter 541.
         SECTION 10.  Section 542.060, Insurance Code, is amended to
  read as follows:
         Sec. 542.060.  LIABILITY FOR VIOLATION OF SUBCHAPTER. (a)
  If an insurer that is liable for a claim under an insurance policy
  knowingly fails to act [is not] in compliance with this subchapter,
  the insurer is liable to pay the holder of the policy or the
  beneficiary making the claim under the policy, in addition to the
  amount of the claim, interest on the unpaid amount of the claim at
  the rate of 18 percent a year as damages, together with reasonable
  attorney's fees.
         (a-1)  For purposes of Subsection (a), an insurer knowingly
  fails to act in compliance with this subchapter only if the insurer
  is actually aware of the insurer's failure to pay a claim for which
  the insurer is liable. There is no liability under this section for
  a claim with respect to which there is a bona fide dispute as to
  whether the insurer is liable.
         (b)  If a suit is filed, interest and [the] attorney's fees
  payable under this section shall be taxed as part of the costs in
  the case.
         (c)  The liability for interest and attorney's fees provided
  by this section are the exclusive remedy for a violation of this
  subchapter. This section is not intended to affect a right or
  remedy provided by Chapter 541 or any other law outside this
  subchapter.
         SECTION 11.  Subchapter B, Chapter 542, Insurance Code, is
  amended by adding Section 542.0601 to read as follows:
         Sec. 542.0601.  LIABILITY WITH RESPECT TO CERTAIN CLAIMS.
  An insurer is not liable under Section 542.060 with respect to:
               (1)  a claim received by the insurer if it is determined
  through arbitration, litigation, or another dispute resolution
  process that the claim:
                     (A)  is not covered under the insurance policy;
                     (B)  was properly rejected;
                     (C)  is invalid; or
                     (D)  otherwise should not be paid by the insurer;
  or
               (2)  a claim with respect to which an appraisal
  process:
                     (A)  is invoked under the terms of the policy:
                           (i)  by the insurer or insured before the
  commencement of litigation;
                           (ii)  by the defendant within 60 days after
  receiving notice of the commencement of litigation; or
                           (iii)  by the plaintiff after the
  commencement of litigation; and
                     (B)  results in a valid, signed award the amount
  of which is paid by the insurer not later than the 15th day after the
  date the insurer receives the award, consistent with the coverage,
  conditions, and limits provided by the policy, minus any prior
  payments and any applicable deductible amount.
         SECTION 12.  Subtitle A, Title 10, Insurance Code, is
  amended by adding Chapter 1808 to read as follows:
  CHAPTER 1808. CLAIMS FOR PROPERTY DAMAGE
         Sec. 1808.001.  DEFINITION. In this chapter, "claim for
  property damage" means a request for payment under an insurance
  policy for damage to or loss of real property or tangible personal
  property alleged to be covered by the policy.
         Sec. 1808.002.  APPLICABILITY OF CHAPTER. This chapter
  applies to any claim under or related to an insurance policy that
  provides insurance coverage against damage to or loss of real
  property or tangible personal property, including a policy issued
  by an insurance company, reciprocal or interinsurance exchange,
  mutual insurance company, capital stock insurance company, county
  mutual insurance company, Lloyd's plan, or other legal entity
  authorized to write property insurance in this state.
         Sec. 1808.003.  CLAIM FILING PERIOD. (a) A claimant must
  give an insurer prompt written notice of a claim for property damage
  after property covered under the policy is damaged or lost, but in
  no event later than the second anniversary of the date on which the
  damage to or loss of property that is the basis of the claim occurs.
         (b)  Failure to provide notice of a claim for property damage
  by the second anniversary of the date on which the damage to or loss
  of property that is the basis of the claim occurs is an absolute bar
  to recovery on the claim.
         (c)  Nothing in this section precludes an insurer from
  raising any defense available under the terms of its policy
  relating to prompt notice or that is otherwise available under the
  law.
         SECTION 13.  Section 4102.051(a), Insurance Code, is amended
  to read as follows:
         (a)  A person may not act as a public insurance adjuster in
  this state or hold himself or herself out to be a public insurance
  adjuster in this state unless the person holds a license or
  certificate issued by the commissioner under Section 4102.053 or
  [,] 4102.054[, or 4102.069].
         SECTION 14.  Section 4102.066(a), Insurance Code, is amended
  to read as follows:
         (a)  The commissioner shall collect in advance the following
  nonrefundable fees:
               (1)  for a public insurance adjuster license, an
  application fee in an amount to be determined by rule by the
  commissioner;
               (2)  for a nonresident public insurance adjuster
  license, an application fee in an amount to be determined by rule by
  the commissioner; and
               (3)  for each public insurance adjuster examination, a
  fee in an amount to be determined by rule by the commissioner [; and
               [(4)     for a public insurance adjuster trainee
  certificate under Section 4102.069, a registration fee in an amount
  to be determined by rule by the commissioner].
         SECTION 15.  Section 4102.103, Insurance Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  A license holder may not enter into a contract with an
  insured and collect a commission as provided by Section 4102.104
  without the intent to actually perform the services of a licensed
  public insurance adjuster for the insured.
         SECTION 16.  Section 4102.104(d), Insurance Code, is amended
  to read as follows:
         (d)  A public insurance adjuster may not accept any payment
  that violates the provisions of this section [Subsection (c)].
         SECTION 17.  Section 4102.158, Insurance Code, is amended by
  amending Subsection (a) and adding Subsections (d), (e), and (f) to
  read as follows:
         (a)  A license holder may not:
               (1)  participate directly or indirectly in the
  reconstruction, repair, or restoration of damaged property that is
  the subject of a claim adjusted by the license holder; or
               (2)  engage in any other activities that may reasonably
  be construed as presenting a conflict of interest, including
  soliciting or accepting any remuneration from, [or] having a
  financial interest in, or having any immediate family member own or
  operate, any salvage firm, repair firm, construction firm, or other
  firm that obtains business in connection with any claim the license
  holder has a contract or agreement to adjust.
         (d)  A license holder may not enter into a contract with an
  insured for the primary purpose of referring the insured to an
  attorney and without the intent to actually perform for the insured
  the services of a licensed public insurance adjuster .
         (e)  A license holder may not act on behalf of an attorney in
  having an insured sign an attorney representation agreement.
         (f)  A license holder must become familiar with and at all
  times act in conformance with the criminal barratry statute set
  forth in Section 38.12, Penal Code.
         SECTION 18.  Section 4102.160, Insurance Code, is amended to
  read as follows:
         Sec. 4102.160.  CERTAIN PAYMENTS PROHIBITED. A license
  holder may not:
               (1)  advance money to any potential client or insured;
  or
               (2)  pay, allow, or give, or offer to pay, allow, or
  give, directly or indirectly, to a contractor, attorney, or any
  other person who is not a licensed public insurance adjuster a fee,
  commission, or other valuable consideration for the referral of an
  insured to the public insurance adjuster for purposes of [based on]
  the insured entering into a contract with that public insurance
  adjuster or for any other purpose [; or
               [(3)     otherwise offer to pay a fee, commission, or
  other valuable consideration exceeding $100 to a person not
  licensed as a public insurance adjuster for referring an insured to
  the license holder].
         SECTION 19.  Subchapter D, Chapter 4102, Insurance Code, is
  amended by adding Section 4102.164 to read as follows:
         Sec. 4102.164.  ACCEPTANCE OF REFERRAL PAYMENTS PROHIBITED.  
  (a)  A licensed public insurance adjuster may not accept a fee,
  commission, or other valuable consideration of any nature,
  regardless of form or amount, in exchange for the referral by a
  licensed public insurance adjuster of an insured to any third-party
  individual or firm, including but not limited to an attorney,
  appraiser, umpire, construction company, contractor, or salvage
  company.
         (b)  The commissioner shall adopt rules necessary to
  implement and enforce this section.
         SECTION 20.  The heading to Section 27.02, Business &
  Commerce Code, is amended to read as follows:
         Sec. 27.02.  CERTAIN OFFERS MADE AND INFORMATION PROVIDED IN
  CONNECTION WITH INSURANCE CLAIMS [FOR EXCESSIVE CHARGES].
         SECTION 21.  Sections 27.02(a) and (b), Business & Commerce
  Code, are amended to read as follows:
         (a)  A person who sells goods or services, including a
  contractor, appraiser, estimator, or insurance restoration
  contractor, commits an offense if, in connection with a claim for
  property loss or damage under a property or casualty insurance
  policy:
               (1)  the person advertises or promises to [provide the
  good or service and to] pay, waive, absorb, rebate, subsidize,
  credit, or otherwise cover for any reason [:
                     [(A)]  all or part of any applicable insurance
  deductible or other uninsured amount owed by an insured under the
  terms of the policy; [or
                     [(B)     a rebate in an amount equal to all or part of
  any applicable insurance deductible;]
               (2)  [the good or service is paid for by the consumer
  from proceeds of a property or casualty insurance policy; and
               [(3)]  the person knowingly provides or causes to be
  provided to an insurer any estimate or other statement as to the
  cost of repair for the good or service to be provided that has been
  increased, inflated, or otherwise manipulated [charges an amount
  for the good or service that exceeds the usual and customary charge
  by the person for the good or service] by an amount equal to or
  greater than all or part of the applicable insurance deductible or
  other uninsured amount owed by an insured under the policy; or
               (3)  the person knowingly provides or causes to be
  provided to an insurer any false or misleading material information
  within any estimate, bid, proposal, or other statement as to the
  scope of damage or cost of repair for the good or service to be
  provided [paid by the person to an insurer on behalf of an insured
  or remitted to an insured by the person as a rebate].
         (b)  A person who is insured under a property or casualty
  insurance policy commits an offense if the person:
               (1)  knowingly submits a claim under the policy based
  on conduct [charges that are] in violation of Subsection (a) [of
  this section]; or
               (2)  knowingly allows a claim in violation of
  Subsection (a) [of this section] to be submitted, unless the person
  promptly notifies the insurer of the conduct in violation of
  Subsection (a) [excessive charges].
         SECTION 22.  Section 38.12(d), Penal Code, is amended to
  read as follows:
         (d)  A person commits an offense if the person:
               (1)  is an attorney, chiropractor, physician, surgeon,
  public insurance adjuster , as defined by Section 4102.001,
  Insurance Code, or private investigator licensed to practice in
  this state or any person licensed, certified, or registered by a
  health care regulatory agency of this state; and
               (2)  with the intent to obtain professional employment
  for the person or for another, provides or knowingly permits to be
  provided to an individual who has not sought the person's
  employment, legal representation, advice, or care a written
  communication or a solicitation, including a solicitation in person
  or by telephone, that:
                     (A)  concerns an action for personal injury or
  wrongful death or otherwise relates to an accident or disaster
  involving the person to whom the communication or solicitation is
  provided or a relative of that person and that was provided before
  the 31st day after the date on which the accident or disaster
  occurred;
                     (B)  concerns a specific matter and relates to
  legal representation and the person knows or reasonably should know
  that the person to whom the communication or solicitation is
  directed is represented by a lawyer in the matter;
                     (C)  concerns a lawsuit of any kind, including an
  action for divorce, in which the person to whom the communication or
  solicitation is provided is a defendant or a relative of that
  person, unless the lawsuit in which the person is named as a
  defendant has been on file for more than 31 days before the date on
  which the communication or solicitation was provided;
                     (D)  is provided or permitted to be provided by a
  person who knows or reasonably should know that the injured person
  or relative of the injured person has indicated a desire not to be
  contacted by or receive communications or solicitations concerning
  employment;
                     (E)  involves coercion, duress, fraud,
  overreaching, harassment, intimidation, or undue influence; [or]
                     (F)  contains a false, fraudulent, misleading,
  deceptive, or unfair statement or claim; or
                     (G)  concerns the proposed adjustment of a
  property damage insurance claim and is made by a person other than
  the licensed public insurance adjuster who would be directly
  providing the proposed public insurance adjusting services to the
  recipient of the communication.
         SECTION 23.  Section 4102.069, Insurance Code, is repealed.
         SECTION 24.  Chapter 541, Insurance Code, as amended by this
  Act, applies only to conduct that occurs on or after the effective
  date of this Act. Conduct that occurs before the effective date of
  this Act is governed by the law as it existed immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 25.  Subchapter B, Chapter 542, Insurance Code, as
  amended by this Act, applies only to a claim for which notice of
  claim is provided to an insurer on or after the effective date of
  this Act. A claim for which notice of claim is provided to an
  insurer before the effective date of this Act is governed by the law
  as it existed immediately before the effective date of this Act, and
  that law is continued in effect for that purpose.
         SECTION 26.  Chapter 1808, Insurance Code, as added by this
  Act, applies only to a claim under an insurance policy delivered,
  issued for delivery, or renewed on or after January 1, 2016. A
  claim under a policy delivered, issued for delivery, or renewed
  before January 1, 2016, is governed by the law as it existed
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 27.  The repeal by this Act of Section 4102.069,
  Insurance Code, does not affect the authority of a person to act
  under a temporary certificate issued by the Texas Department of
  Insurance under that section before the effective date of this Act.
         SECTION 28.  Sections 4102.103(d) and 4102.158(d),
  Insurance Code, as added by this Act, apply only to a contract
  entered into on or after the effective date of this Act.
         SECTION 29.  (a) Except as provided by this section, Section
  4102.104, Insurance Code, as amended by this Act, applies only to
  payment for a service performed on or after the effective date of
  this Act.
         (b)  Payment for a service performed before the effective
  date of this Act or performed after the effective date of this Act
  under a contract entered into before the effective date of this Act
  is governed by the law as it existed immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 30.  Section 4102.160, Insurance Code, as amended by
  this Act, and Section 4102.164, Insurance Code, as added by this
  Act, apply only to a referral made on or after the effective date of
  this Act. A referral made before the effective date of this Act is
  governed by the law as it existed immediately before the effective
  date of this Act, and that law is continued in effect for that
  purpose.
         SECTION 31.  The changes in law made by this Act apply only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect when the offense was committed, and
  the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 32.  This Act takes effect September 1, 2015.
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