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.