Amend Floor Amendment No. 1 to HB 2600 by adding the
following appropriately numbered sections and renumbering the
sections of the bill accordingly:
      SECTION _____. Subchapter J, Chapter 1702, Occupations Code,
is amended by adding Section 1702.2285 to read as follows:
      Sec. 1702.2285.  INSURANCE ADJUSTERS. (a)  The commission by
rule shall require an adjuster who works for an insurance carrier
and who is performing an investigation in connection with a
workers' compensation claim or proceeding to be registered by the
commission in the same manner as a private investigator.
      (b)  The requirement for an adjuster to register under this
chapter is in addition to the requirement that the adjuster hold a
license under Chapter 407, Acts of the 63rd Legislature, Regular
Session, 1973 (Article 21.07-4, Vernon's Texas Insurance Code).
      (c)  The commission shall adopt rules prescribing:
            (1)  the activities of an adjuster for which the
adjuster is required to be registered under this section; and
            (2)  the qualifications required for issuance of a
registration under this section.
      SECTION _____.  Section 1702.324(b), Occupations Code, is
amended to read as follows:
      (b)  This chapter does not apply to:
            (1)  a manufacturer or a manufacturer's authorized
distributor who sells equipment to a license holder that is used in
the operations for which the person is required to be licensed;
            (2)  a person engaged exclusively in the business of
obtaining and providing information to:
                  (A)  determine creditworthiness;
                  (B)  collect debts; or
                  (C)  ascertain the reliability of information
provided by an applicant for property, life, or disability
insurance or an indemnity or surety bond;
            (3)  a person engaged exclusively in the business of
repossessing property that is secured by a mortgage or other
security interest;
            (4)  a locksmith who:
                  (A)  does not install or service detection
devices;
                  (B)  does not conduct investigations; and
                  (C)  is not a security services contractor;
            (5)  a person who:
                  (A)  is engaged in the business of psychological
testing or other testing and interviewing services, including
services to determine attitudes, honesty, intelligence,
personality, and skills, for preemployment purposes; and
                  (B)  does not perform any other service that
requires a license under this chapter;
            (6)  a person who:
                  (A)  is engaged in obtaining information that is
a public record under Chapter 552, Government Code, regardless of
whether the person receives compensation;
                  (B)  is not a full-time employee, as defined by
Section 61.001, Labor Code, of a person licensed under this
chapter; and
                  (C)  does not perform any other act that requires
a license under this chapter;
            (7)  a licensed professional engineer practicing
engineering or directly supervising engineering practice under The
Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
Statutes), including forensic analysis, burglar alarm system
engineering, and necessary data collection;
            (8)  an employee of a cattle association who inspects
livestock brands under the authority granted to the cattle
association by the Grain Inspection, Packers and Stockyards
Administration of the United States Department of Agriculture;
            (9)  a landman performing activities in the course and
scope of the landman's business;
            (10)  an attorney while engaged in the practice of law;
            (11)  a person who obtains a document for use in
litigation under an authorization or subpoena issued for a written
or oral deposition; or
            (12)  an admitted insurer, insurance adjuster, except
as provided by Section 1702.2285, agent, or insurance broker
licensed by the state, performing duties in connection with
insurance transacted by that person.
      SECTION _____.  Section 401.011(1), Labor Code, is amended to
read as follows:
            (1)  "Adjuster" means a person:
                  (A)  licensed under Chapter 407, Acts of the 63rd
Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
Insurance Code); and
                  (B)  registered under Section 1702.2285,
Occupations Code, to perform investigations in connection with a
workers' compensation claim or proceeding.
      SECTION _____.  (a)  In accordance with Section 311.031(c),
Government Code, which gives effect to a substantive amendment
enacted by the same legislature that codifies the amended statute,
the text of Section 1702.324(b), Occupations Code, as amended by
this Act, gives effect to changes made by Chapter 974, Acts of the
76th Legislature, Regular Session, 1999.
      (b)  To the extent of any conflict, this Act prevails over
another Act of the 77th Legislature, Regular Session, 2001,
relating to nonsubstantive additions to and corrections in enacted
codes.
      SECTION _____.  (a)  The change in law made by this Act by
the addition of Section 1702.2285, Occupations Code, applies only
to an insurance adjuster who performs an investigation for an
insurance carrier in connection with a workers' compensation claim
or proceeding on or after March 1, 2002.
      (b)  The Texas Commission on Private Security shall adopt
rules under Section 1702.2285, Occupations Code, as added by this
Act, not later than December 31, 2001.