By Dunnam H.B. No. 3563
77R4974 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the unauthorized practice of law by liability insurers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 81, Government Code, is amended by adding
1-5 Subchapter I to read as follows:
1-6 SUBCHAPTER I. UNAUTHORIZED PRACTICE OF LAW BY LIABILITY INSURERS
1-7 Sec. 81.151. DEFINITION. In this subchapter, "insurer" means
1-8 any partnership, corporation, association, or other group, however
1-9 organized, that issues any form of liability insurance, whether
1-10 primary insurance coverage, excess insurance coverage, or umbrella
1-11 insurance coverage. The term includes a Lloyd's plan insurer,
1-12 reciprocal or interinsurance exchange, county mutual insurance
1-13 company, or farm mutual insurance company.
1-14 Sec. 81.152. APPLICABILITY. This subchapter applies only to
1-15 an insurer that issues a liability insurance policy:
1-16 (1) to or covering any resident of this state;
1-17 (2) covering liability incurred by an insured in this
1-18 state; or
1-19 (3) under which the insurer provides a defense to an
1-20 insured in a claim or action pending in this state.
1-21 Sec. 81.153. UNAUTHORIZED PRACTICE OF LAW. (a) In providing
1-22 a defense for an insured against a claim or action under a
1-23 liability insurance policy, an insurer may not use, or require an
1-24 insured to use, an attorney who is:
2-1 (1) an employee of an insurer; or
2-2 (2) an employee, owner, partner, or shareholder of a
2-3 law firm that works solely for the insurer or solely for a group of
2-4 affiliated insurers.
2-5 (b) An insurer who violates this section commits an act that
2-6 constitutes the practice of law for purposes of Section 81.101.
2-7 Sec. 81.154. DAMAGES; INJUNCTIVE RELIEF. (a) A person may
2-8 bring an action against an insurer to:
2-9 (1) recover any actual damages proximately suffered by
2-10 an insured because of a violation of Section 81.153; and
2-11 (2) obtain injunctive relief to prevent the threatened
2-12 or continued violation of Section 81.153.
2-13 (b) A court shall award reasonable and necessary attorney's
2-14 fees to a person who recovers damages or obtains injunctive relief
2-15 under this section.
2-16 Sec. 81.155. DISQUALIFICATION. A court, on its own motion or
2-17 on the motion of any party, shall disqualify an attorney who is
2-18 representing an insured before that court in violation of Section
2-19 81.153.
2-20 SECTION 2. (a) Except as provided by Subsection (b) of this
2-21 section, this Act applies only to the use of an attorney to defend
2-22 a claim or action on or after the effective date of this Act.
2-23 (b) Notwithstanding Subchapter I, Chapter 81, Government
2-24 Code, as added by this Act, in a claim asserted or action commenced
2-25 before the effective date of this Act, an attorney representing the
2-26 insured on the effective date of this Act may continue to represent
2-27 an insured until December 31, 2001. Not later than December 31,
3-1 2001, an attorney continuing to represent an insured under this
3-2 subsection shall take appropriate steps to withdraw from
3-3 representation and the insurer shall provide an attorney to the
3-4 insured in accordance with Subchapter I, Chapter 81, Government
3-5 Code, as added by this Act.
3-6 SECTION 3. This Act takes effect September 1, 2001.