By Dunnam H.B. No. 1433 77R5392 DLF-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to audits of billing statements of insurance defense 1-3 counsel. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter E, Chapter 21, Insurance Code, is 1-6 amended by adding Article 21.56A to read as follows: 1-7 Art. 21.56A. AUDIT OF DEFENSE COUNSEL BILLING. (a) This 1-8 article applies to any insurer authorized to write casualty 1-9 insurance in this state, including a Lloyd's plan insurer, 1-10 reciprocal or interinsurance exchange, county mutual insurance 1-11 company, or farm mutual insurance company. 1-12 (b) Except as provided by Subsection (c) of this article, an 1-13 insurer that is obligated under a casualty insurance policy to 1-14 defend an insured in a suit may not submit to a third-party 1-15 auditor, or require the insured's attorney to submit to the 1-16 auditor, a billing statement that specifies in detail the services 1-17 performed by the attorney for the insured. 1-18 (c) An insurer may take an action described by Subsection 1-19 (b) of this article with the prior written consent of the insured, 1-20 obtained after full disclosure to the insured. 1-21 (d) The commissioner, in consultation with the State Bar of 1-22 Texas, shall adopt rules to implement this article. The rules must 1-23 specify the disclosure required to be made under Subsection (c) of 1-24 this article. 2-1 SECTION 2. This Act takes effect September 1, 2001, and 2-2 applies only to a billing statement in relation to a defense 2-3 provided under a casualty insurance policy that is delivered, 2-4 issued for delivery, or renewed on or after January 1, 2002. A 2-5 billing statement in relation to a defense provided under a 2-6 casualty insurance policy that is delivered, issued for delivery, 2-7 or renewed before January 1, 2002, is governed by the law as it 2-8 existed immediately before the effective date of this Act, and that 2-9 law is continued in effect for that purpose.