By Burnam                                              H.B. No. 956
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to requiring certain facilities for the repair of a motor
 1-3     vehicle under an insurance policy.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 5.07-1, Insurance Code, is amended to
 1-6     read as follows:
 1-7           Art. 5.07-1.  REPAIR OF MOTOR VEHICLES;  DISCLOSURE OF
 1-8     CONSUMER INFORMATION.  (a)  Except as provided by rules duly
 1-9     adopted by the commissioner, under an auto insurance policy that is
1-10     delivered, issued for delivery, or renewed in this state an insurer
1-11     may not, directly or indirectly, limit its coverage under a policy
1-12     covering damage to a motor vehicle by specifying the brand, type,
1-13     kind, age, vendor, supplier, or condition of parts or products that
1-14     may be used to repair the vehicle.
1-15           (b)  Under an auto insurance policy that is delivered, issued
1-16     for delivery, or renewed in this state, a person subject to this
1-17     article may not directly or indirectly limit [or by limiting] the
1-18     beneficiary of the policy or a third-party claimant from selecting
1-19     a repair person or facility to repair damage to the motor vehicle
1-20     covered under the policy.
1-21           (c) [(b)]  In connection with the repair of damage to a motor
1-22     vehicle covered under an auto insurance policy, a person subject to
1-23     this article [an insurer, an employee of an insurer, an agent of an
1-24     insurer, a solicitor of insurance for an insurer, an insurance
 2-1     adjuster, or an entity that employs an insurance adjuster] may not:
 2-2                 (1)  solicit or accept a referral fee, [or] gratuity,
 2-3     discount, or other form of compensation in exchange for referring a
 2-4     beneficiary of a policy or third-party claimant to one or more [a]
 2-5     repair persons [person] or facilities [facility] to repair the
 2-6     damage;
 2-7                 (2)  communicate [state or suggest, either orally or in
 2-8     writing,] to a beneficiary of a policy or a third-party claimant
 2-9     that, for the damage repair or parts replacement to be covered by
2-10     the policy, a beneficiary of a policy or a third-party claimant is
2-11     required to use one or more [a specific] repair persons [person] or
2-12     facilities;
2-13                 (3)  communicate to a beneficiary of a policy or a
2-14     third-party claimant that one or more [facility or a] repair
2-15     persons [person] or facilities [facility] identified on a
2-16     [preferred] list of repair persons and facilities maintained by or
2-17     compiled by a person subject to this article is preferred [an
2-18     insurer must be used by a beneficiary in order for the damage
2-19     repair or parts replacement to be covered by the policy]; [or]
2-20                 (4) [(3)]  restrict a beneficiary's or third-party
2-21     claimant's right to choose a repair person or facility;
2-22                 (5)  require [by requiring] the beneficiary of a policy
2-23     or third-party claimant to travel an unreasonable distance to
2-24     repair the damage;
2-25                 (6)  threaten to remove the beneficiary's or claimant's
2-26     motor vehicle from a repair person or facility selected by the
2-27     beneficiary or claimant for any reason;
 3-1                 (7)  communicate to a beneficiary of a policy or a
 3-2     third-party claimant that repairs, including parts, materials, or
 3-3     labor, are guaranteed by a person other than the repair person or
 3-4     facility that performs the damage repairs;
 3-5                 (8)  communicate to a beneficiary of a policy or a
 3-6     third-party claimant that alternative direct-billed transportation
 3-7     coverage is allowed following the filing of a claim only if the
 3-8     damaged motor vehicle is repaired by a repair person or facility
 3-9     selected or recommended by the insurer or an agent of the insurer;
3-10     or
3-11                 (9)  provide any other incentive to induce the
3-12     beneficiary of a policy or a third-party claimant to waive the
3-13     right to select the repair person or facility to repair damage to
3-14     the beneficiary's or the claimant's motor vehicle.
3-15           [(c)  A contract between an insurer and a repair person or
3-16     facility, including an agreement under which the repair person or
3-17     facility agrees to extend discounts for parts or labor to the
3-18     insurer in exchange for referrals by the insurer, may not result in
3-19     a reduction of coverage under the insured's auto insurance policy.]
3-20           (d)  A person subject to this article [An insurer] may not
3-21     prohibit a repair person or facility from providing a beneficiary
3-22     or third-party claimant with information that states the
3-23     description, manufacturer, or source of the parts used and the
3-24     amounts charged to the insurer for the parts and related labor.
3-25           (e)  At the time the vehicle is presented to a person subject
3-26     to this article [an insurer or an insurance adjuster or other
3-27     person in connection with a claim for damage repair], the [insurer
 4-1     or insurance adjuster or other] person shall provide to the
 4-2     beneficiary or  third-party claimant notice of the provisions of
 4-3     this article.  The commissioner shall adopt a rule establishing the
 4-4     method or methods insurers shall use to comply with the notice
 4-5     provisions in this subsection.
 4-6           (f)  Any beneficiary, third-party claimant, consumer group,
 4-7     representative of a consumer, insurer, [or] repair person, or
 4-8     repair facility may submit a written, documented complaint to the
 4-9     department with respect to an alleged violation of this article.
4-10           (g)  In the settlement of liability claims by a third party
4-11     against an insured for property damage claimed by the third party,
4-12     a person subject to this article [an insurer] may not communicate
4-13     to a third-party claimant that:
4-14                 (1)  in order for repairs to be covered, the claimant
4-15     is required to use:
4-16                       (A)  a specific [require the third-party claimant
4-17     to have repairs made by a particular] repair person or facility; or
4-18                       (B)  [to use] a particular brand, type, kind,
4-19     age, vendor, supplier, or condition of parts or products; or
4-20                 (2)  the person prefers that the claimant use a repair
4-21     person or facility identified on a list of repair persons and
4-22     facilities maintained by or compiled by a person subject to this
4-23     article.
4-24           (h)  The commissioner may exercise the rule-making authority
4-25     under Article 21.21-2 of this code with respect to any fraudulent
4-26     activity of any party under [to an agreement described by
4-27     Subsection (c) of] this article.
 5-1           (i)  The [Any] rules adopted by the commissioner to implement
 5-2     this article shall include, but not be limited to, requirements
 5-3     that:
 5-4                 (1)  any limitation described in Subsection (a) of this
 5-5     article [section] is clearly and prominently displayed on the face
 5-6     of the policy or certificate in lieu of a policy; and
 5-7                 (2)  the insured give written consent to such a
 5-8     limitation, following both oral and written notification of any
 5-9     limitation at the time the policy is purchased.
5-10           (j)  This article applies to:
5-11                 (1)  an insurer;
5-12                 (2)  an insurance holding company;
5-13                 (3)  an investment vehicle to which an insurer belongs;
5-14                 (4)  an affiliate corporation of an insurer;
5-15                 (5)  a person described by Subdivisions (1) through (4)
5-16     of this subsection who owns, controls, or has a significant
5-17     interest in the business of a person who is engaged in the
5-18     collision repair of motor vehicles;
5-19                 (6)  an employee or agent of a person described by
5-20     Subdivisions (1) through (4) of this subsection;
5-21                 (7)  a solicitor of insurance for a person described by
5-22     Subdivisions (1) through (4) of this subsection;
5-23                 (8)  an insurance adjuster or a person who employs an
5-24     insurance adjuster; or
5-25                 (9)  an appraiser.
5-26           (k)  A person commits an unfair and deceptive act or practice
5-27     in the business of insurance if the person violates this article
 6-1     and is subject to each penalty or other sanction  provided by
 6-2     Article 21.21 of this code for that violation.
 6-3           (l)  In this article, "communicate" means to infer, imply, or
 6-4     state a proposition or idea, either directly or indirectly, orally
 6-5     or in writing.
 6-6           SECTION 2.  This Act takes effect September 1, 2001.