By Gallegos S.R. No. 954
75R17259 DLF-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the Senate of the State of Texas, 75th
1-2 Legislature, Regular Session, 1997, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08, to enable the
1-4 conference committee appointed to resolve the differences on House
1-5 Bill No. 2503 to consider and take action on the following specific
1-6 matters:
1-7 1. Senate Rule 12.03(3) is suspended to permit the committee
1-8 to add Section 1(b), Article 21.07-5, Insurance Code, to read as
1-9 follows:
1-10 (b) The term "public adjuster" does not include an insurance
1-11 agent licensed under Article 21.14 of this code who is appointed by
1-12 the insurance company that covers the damage to the property.
1-13 Explanation: The new text is necessary to make clear that
1-14 certain licensed insurance agents are not included within the
1-15 definition of "public adjuster."
1-16 2. Senate Rule 12.03(1) is suspended to permit the committee
1-17 to change the text of added Section 2, Article 21.07-5, Insurance
1-18 Code, to read as follows:
1-19 Sec. 2. CONTRACT REQUIRED FOR SERVICES RELATED TO CERTAIN
1-20 FIRE LOSSES; HOMEOWNER'S RIGHT TO CANCEL. (a) A person may not
1-21 provide services as a public adjuster to another person in relation
1-22 to damages to the insured's homestead from a fire that may be
1-23 subject to a first-party claim under an insurance policy unless the
1-24 services are provided pursuant to a written contract.
2-1 (b) In addition to any other right to revoke an offer or
2-2 rescind a transaction or any other remedy authorized by law, a
2-3 homeowner who contracts with a public adjuster for services
2-4 described by Subsection (a) of this section may cancel the
2-5 transaction before midnight of the third business day after the
2-6 date on which the homeowner signs the contract.
2-7 (c) The public adjuster must furnish the homeowner with a
2-8 fully completed copy of the contract that is in the same language
2-9 as that principally used in the oral sales presentation and that
2-10 shows the date of the transaction and contains the name and address
2-11 of the public adjuster and, in immediate proximity to the space
2-12 reserved in the contract for the signature of the homeowner and in
2-13 at least 10-point boldfaced type, a statement in substantially the
2-14 following form:
2-15 "YOU MAY CANCEL THIS TRANSACTION AT ANY TIME BEFORE MIDNIGHT
2-16 OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.
2-17 SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN
2-18 EXPLANATION OF THIS RIGHT."
2-19 (d) The public adjuster must furnish each homeowner, at the
2-20 time the homeowner signs the contract, a completed form in
2-21 duplicate, captioned "NOTICE OF CANCELLATION," that is attached to
2-22 the contract and is easily detachable and that contains, in at
2-23 least 10-point boldfaced type, a statement in the language in which
2-24 the contract is written in substantially the following form:
2-25 "NOTICE OF CANCELLATION
2-26 "(Enter date of transaction)
2-27 "YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY
3-1 OR OBLIGATION, WITHIN THREE BUSINESS DAYS AFTER THE ABOVE
3-2 DATE.
3-3 "IF YOU CANCEL, PAYMENTS MADE BY YOU UNDER THE CONTRACT AND
3-4 ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED
3-5 WITHIN 10 BUSINESS DAYS AFTER THE DATE OF RECEIPT BY THE
3-6 PUBLIC ADJUSTER OF YOUR CANCELLATION NOTICE AND ANY SECURITY
3-7 INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELED.
3-8 "TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND
3-9 DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN
3-10 NOTICE, OR SEND A TELEGRAM, TO (Name of public adjuster), AT
3-11 (Address of public adjuster's place of business) NOT
3-12 LATER THAN MIDNIGHT OF (Date).
3-13 "I HEREBY CANCEL THIS TRANSACTION. (Date)
3-14 (Signature of insured)"
3-15 Explanation: The change is necessary to permit a public
3-16 adjuster to solicit business within the time frame previously
3-17 prohibited under the bill, to limit the application of the bill to
3-18 services provided in relation to damage to a homestead, to require
3-19 the adjuster to provide services under written contracts, and to
3-20 place certain restrictions on the required contracts.
3-21 3. Senate Rule 12.03(4) is suspended to permit the committee
3-22 to add new Section 3, Article 21.07-5, Insurance Code, to read as
3-23 follows:
3-24 Sec. 3. PROHIBITED CONDUCT. (a) A public adjuster may not
3-25 participate directly or indirectly in the reconstruction, repair,
3-26 or restoration of a homestead damaged by fire or engage in any
3-27 other activity that may be reasonably construed as presenting a
4-1 conflict of interest.
4-2 (b) A public adjuster may not render legal advice to any
4-3 person in the adjuster's capacity as a public adjuster.
4-4 Explanation: The new text is necessary to prohibit a public
4-5 adjuster from engaging in certain conduct.