By Thompson                                           H.B. No. 2734
         77R7571 PB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to disclosure of certain information regarding the repair
 1-3     of motor vehicles.
 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 by
 1-6     amending Subsections (a), (b), (c), and (h) and by adding
 1-7     Subsection (j) to read as follows:
 1-8           (a)  Except as provided by rules duly adopted by the
 1-9     commissioner, under an auto insurance policy that is delivered,
1-10     issued for delivery, or renewed in this state an insurer may not,
1-11     directly or indirectly, limit its coverage under a policy covering
1-12     damage to a motor vehicle by specifying the brand, type, kind, age,
1-13     vendor, supplier, or condition of parts or products that may be
1-14     used to repair the vehicle or by limiting the beneficiary of the
1-15     policy or a third-party claimant from selecting a repair person or
1-16     facility to repair damage to the motor vehicle covered under the
1-17     policy.
1-18           (b)  In connection with the repair of damage to a motor
1-19     vehicle covered under an auto insurance policy, an insurer, an
1-20     employee of an insurer, an agent of an insurer, a solicitor of
1-21     insurance for an insurer, an insurance adjuster, or an entity that
1-22     employs an insurance adjuster may not:
1-23                 (1)  solicit or accept a referral fee or gratuity in
1-24     exchange for referring a beneficiary or third-party claimant to a
 2-1     repair person or facility to repair the damage;
 2-2                 (2)  state or suggest, either orally or in writing, to
 2-3     a beneficiary or third-party claimant that a specific repair person
 2-4     or facility or a repair person or facility identified on a
 2-5     preferred list compiled by an insurer must be used by a beneficiary
 2-6     or third-party claimant in order for the damage repair or parts
 2-7     replacement to be covered by the policy; [or]
 2-8                 (3)  restrict a beneficiary's or third-party claimant's
 2-9     right to choose a repair person or facility by requiring the
2-10     beneficiary or third-party claimant to travel an unreasonable
2-11     distance to repair the damage; or
2-12                 (4)  state or suggest, either orally or in writing, to
2-13     a beneficiary or third-party claimant that a specific repair person
2-14     or facility identified on a preferred list compiled by an insurer
2-15     be used after the beneficiary or third-party claimant has selected
2-16     a repair person or facility.
2-17           (c)  A contract or other agreement between an insurer and a
2-18     repair person or facility[, including an agreement] under which the
2-19     insurer refers a beneficiary or third-party claimant to a repair
2-20     person or facility identified on a preferred list compiled by the
2-21     insurer, may not:
2-22                 (1)  agree [agrees] to extend discounts for parts or
2-23     labor to the insurer in exchange for referrals by the insurer;
2-24                 (2)  require sheet metal parts other than parts of the
2-25     original manufacturer of the motor vehicle unless use of different
2-26     parts is disclosed to the beneficiary or third-party claimant and
2-27     the beneficiary or third-party claimant provides the repair person
 3-1     or facility with a signed release;
 3-2                 (3)  set an arbitrary price cap on any materials or
 3-3     procedures used in the repair of the motor vehicle;
 3-4                 (4)  require the repair person or facility to indemnify
 3-5     the insurer for legal actions taken against the insurer in
 3-6     connection with the repair; or
 3-7                 (5)  [, may not] result in a reduction of coverage
 3-8     under the insured's auto insurance policy.
 3-9           (h)  The commissioner may exercise the rule-making authority
3-10     under Article 21.21-2 of this code with respect to any [fraudulent]
3-11     activity of any party to an agreement described by Subsection (c)
3-12     of this article.
3-13           (j)  An insurer that conducts a survey of prevailing labor
3-14     rates charged by repair persons or facilities shall:
3-15                 (1)  ensure that the survey data was obtained by
3-16     statistically sound survey and research methods;
3-17                 (2)  publish a report that:
3-18                       (A)  contains the complete, factual criteria used
3-19     for the survey; and
3-20                       (B)  states the results by each market area
3-21     surveyed; and
3-22                 (3)  provide a copy of the report described by
3-23     Subdivision (2) of this subsection to the commissioner and to each
3-24     repair person or facility that participated in the survey.
3-25           SECTION 2.  This Act takes effect September 1, 2001.