C.S.S.B. 127 78(R)    BILL ANALYSIS


C.S.S.B. 127
By: Fraser
Insurance
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Texas Insurance Code does not include a licensing
requirement for public insurance adjusters or a structure to regulate the
activities of such professionals.  The creation of such would protect
consumers from unfair stigmatization due to residential property claims
and from unethical behavior.  C.S.S.B. 127 sets forth licensing
requirements for public insurance adjusters and sets forth provisions
relating to the handling, settling, and use of water damage claims.  

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the  commissioner of insurance in SECTION 1.01 (Article 5.35-4,
Insurance Code), SECTION 2.01 (Article 21.55A, Insurance Code), SECTION
3.02 (Article 21.07-5, Insurance Code), and SECTION 3.04  of this bill. 

SECTION BY SECTION ANALYSIS
 
ARTICLE 1.  WATER DAMAGE CLAIMS

SECTION 1.01.  Amends Chapter 5C, Insurance Code, by adding Article
5.35-4, as follows: 

Art. 5.35-4.  RESTRICTIONS ON USE OF CLAIMS HISTORY FOR WATER DAMAGE;
PERMISSIBLE SURCHARGES. 

Sec. 1.  PURPOSE.  Provides that the purpose of this article is to protect
persons and property from being unfairly stigmatized in obtaining
residential property insurance by filing claims under a residential
property insurance policy.   

Sec. 2.  DEFINITIONS.  Defines "insurer," "residential property
insurance," and "underwriting guideline." 

Sec. 3.   RESTRICTIONS ON USE OF CLAIMS HISTORY FOR WATER DAMAGES. (a)
Requires that underwriting guidelines relating to a water damage claim or
claims used by an insurer be governed by rules adopted by the commissioner
of insurance (commissioner) and prohibits an insurer from using an
underwriting guideline that is not. 

(b) Requires an insurer to file its underwriting guidelines relating to a
water damage claim, or claims in accordance with rules adopted by the
commissioner, with the Texas Department of Insurance (TDI). 

Sec. 4.  PREMIUM SURCHARGES FOR WATER DAMAGE CLAIMS.  (a) Authorizes an
insurer, in accordance with rules adopted by the commissioner, to assess a
premium surcharge for water damage claims at the time a residential
property insurance policy is issued, in addition to the premium that would
be charged had the claim not occurred. Authorizes the insurer to continue
to assess the premium surcharge for a period to be determined by the
commissioner by rule. 

(b) Authorizes an insurer to assess an additional premium surcharge for
water damage claims made in the previous policy year upon policy renewal,
as determined by rule by the commissioner.  Requires that this surcharge
be in addition to the  premium that would be charged had the claim or
claims not occurred and in addition to the surcharge under Subsection (a).
Requires the commissioner to determine, by rule, the amount of the
surcharge, which is prohibited from exceeding 15 percent of the total
premium that would be charged had the claim or claims not occurred,
excluding the amount of the surcharge provided in Subsection (a).
Authorizes the insurer to continue to assess the premium surcharge for a
period as determined by the commissioner by rule. 

(c) Authorizes the commissioner to authorize a surcharge, as provided in
Subsection (a) or (b), greater than 15 percent for risks with three or
more water damage claims, in accordance with rules adopted by the
commissioner. 

(d) Authorizes the commissioner to consider the number of, type of, and
amount paid for water damage claims in determining surcharges. 

Sec. 5.  RULEMAKING AUTHORITY.  Requires the commissioner to adopt rules
to accomplish the purposes of this article. 

SECTION 1.02.  Makes application of Article 5.35-4 prospective.  

ARTICLE 2.  CLAIMS HANDLING PROCEDURES AND TIME FRAMES

SECTION 2.01.  Amends Chapter 21E, Insurance Code, by adding Article
21.55A as follows: 

Sec. 1.  PURPOSES Specifies that the purposes of this article are to
provide for the prompt, efficient, and effective handling and processing
of water damage claims, to reduce the confusion and inconvenience relating
to water damage claims, and to reduce claim costs and premiums for
residential property insurance issued in this state. 

Sec 2. APPLICABILITY (a) Applies the article to any insurer that handles
or processes water damage claims filed under residential property
insurance policies. 

Sec. 3. RULES (a) Authorizes the Commissioner of Insurance (Commissioner)
to adopt rules that identify the types of water damage claims that require
more prompt, efficient, and effective processing and handling than that
required under Article 21.55. 

(b)  Authorizes the Commissioner by rule to regulate certain aspects of
water damage claims. 

(c)  Provides that a rule adopted under this section supersedes the
minimum standards described by Article 21.55 of this code. 

 ARTICLE 3.  LICENSING OF PUBLIC INSURANCE ADJUSTERS

 SECTION 3.01  Amends Article 21.07-4, Insurance Code, to include a public
insurance adjuster who is licensed under Article 21.07-5, Insurance Code
(Public Insurance Adjusters), in the list of persons not considered an
"adjuster." 

 SECTION 3.02  Amends Chapter 21A, Insurance Code, by adding Article
21.07-5, as follows: 

Art. 21.07-5.  PUBLIC INSURANCE ADJUSTERS

Sec. 1.  DEFINITIONS.  Defines "licensee," "person," and "public insurance
adjuster." 

Sec. 2.  NOT LAW LICENSE.  Provides that nothing in this article entitles
any person not licensed by the Supreme Court of Texas to practice law in
the state. 

Sec. 3.  LICENSE REQUIRED; EXEMPTION.  (a) Prohibits a person from acting
as or holding oneself out to be a public insurance adjuster in this state,
unless the person holds a  license or certificate issued by the
commissioner under Section 5 (Qualifications for License; Issuance), 15
(Nonresident License), or 16 (Registration Program for Trainees) of this
article. 

(b) Provides that certain persons do not require a license.

(c) Authorizes the voiding of a contract with any person in violation of
Subsection (a), and prohibits an insured from being held liable for
payment of past or future services by that person under that contract or
otherwise. 

(d) Authorizes the commissioner to ex parte issue an emergency cease and
desist order in accordance with Chapter 83B (Emergency Cease and Desist
Orders, Issuance of Orders) if the commissioner believes a person to be in
violation of Subsection (a). 

Sec. 4.  APPLICATION FOR LICENSE.  (a)  Provides that a license
application must be on a form prescribed by the commissioner. 

(b) Provides that the completed application must be notarized and
accompanied by a nonrefundable license application fee for each
application, as provided by Section 11 (Fee for License, Renewal, and
Examination). 

Sec. 5.  QUALIFICATIONS FOR LICENSE; ISSUANCE.  (a) Requires the
commissioner to  issue a public insurance adjuster license to an applicant
who meets certain criteria regarding age, residency, character, knowledge,
experience, criminal history, and financial responsibilities, and whose
application meets this article's requirements and whose fee has been paid.

(b) Authorizes the Commissioner to issue a resident public insurance
adjuster license to an applicant who has been convicted of a felony 11 or
more years before filing an application, if the commissioner determines
that the applicant is qualified and that denial of a license is not
warranted.  

Sec. 6.  FINANCIAL RESPONSIBILITY REQUIREMENTS.  (a)  Provides that a
public insurance adjuster must, as a condition of continuing licensure,
file proof of financial responsibility, in an amount to be determined,
with respect to transactions with insureds under this article.  Requires
the financial responsibility to include the ability to pay sums the public
insurance adjuster is obligated to pay under any judgment against the
public insurance adjuster by an insured based on certain practices of the
public insurance adjuster or a person for whom the public insurance
adjuster is liable in the adjuster's business transactions under this
code.  Requires the commissioner to consider certain circumstances in
determining the type of financial responsibility required and authorizes
the commissioner to consider certain other circumstances in determining
the financial responsibility amount. 

(b) Authorizes the commissioner to ex parte issue an emergency cease and
desist order in accordance with Chapter 83B (Emergency Cease and Desist
Orders, Issuance of Orders) if the commissioner believes a person is
failing to maintain the required financial responsibility. 

(c) Authorizes the reinstatement of a suspended license, under Subsection
(b), upon the approval of a  prescribed reinstatement application filed
with the commissioner with proof of required financial responsibility.
Authorizes the commissioner to deny the reinstatement application for
certain reasons. 

Sec. 7.  LICENSE AUTHORIZATION.  Provides that a license issued under
Section 5 (Qualifications for License; Issuance) or Section 15
(Nonresident License) of this article authorizes adjusting claims on
behalf of insureds for certain coverages and claims, but only when  the
client is an insured under the insurance policy. 

Sec. 8.  EXAMINATION FOR LICENSE; ADVISORY COMMITTEE.  (a) Provides that
each applicant for a public insurance adjuster license must personally
take and pass an  examination to the commissioner's satisfaction. 

(b) Provides that the examination must be prescribed by the commissioner
and requires it to be of sufficient scope to reasonably test certain
competencies and knowledge. 

(c) Authorizes the commissioner to appoint a public insurance adjusters
examination advisory committee composed of at least five members to assist
in developing the required examination.  

(d) Requires the commissioner to transmit the examination results and
action taken on the application to the applicant within a reasonable
period, not to exceed 30 days after the date of the examination. 

(e) Provides that an examination is not required for the renewal of a
licence issued under Section 5 (Qualifications for License; Issuance) or
Section 15 (Nonresident License) of this article. 

Sec. 9.  EXAMINATION; FORM; TIME.  (a) Requires that examination answers
be made in writing.  Provides that an oral examination may supplement a
written examination. 

(b) Requires that the examination be given at times and places within the
state deemed necessary, by the commissioner, to serve the commissioner's
and applicant's convenience. 

(c) Authorizes the commissioner to require a waiting period for an
otherwise qualified applicant to retake the examination after failing to
pass the examination. 

(d) Requires the scheduling and administration of examinations required
under Section 8 (Examination for License; Advisory Committee) to be
effected by persons approved by the commissioner. 

Sec. 10.  FORM OF LICENSE.  Requires the commissioner to prescribe the
form of licenses issued under Section 5 (Qualifications for License;
Issuance) or Section 15 (Nonresident License) of this article.  Sets forth
the required content of the licenses. 

Sec. 11.  FEE FOR LICENSE, RENEWAL, AND EXAMINATION.  (a) Requires the
commissioner to collect certain nonrefundable fees in advance. 

(b) Require the commissioner to determine, by rule, the renewal fee of a
license or certificate issued under this article. 

Sec. 12.  USE OF FEES COLLECTED.  (a) Requires the authorized fees
collected under this article to be deposited with the comptroller to the
credit of the TDI operating account. 

(b) Authorizes TDI to use any portion of the collected fees to perform
certain actions in enforcement of this article.  Authorizes an employee of
TDI to examine under oath any person for the purposes of gathering
information and evidence, that may be reduced to writing; requires that
all related expenses be paid from the fees. 

(c) Requires the commissioner to set reasonable fees necessary to
implement this article. 

Sec. 13.  PLACE OF BUSINESS; AGENT FOR SERVICE OF PROCESS.  (a) Requires
each state resident licensee to maintain a place of business in the state
that is accessible to the general public, and to maintain the required
records in the place of business.  Provides that the place of business
must appear on the face of the license and requires the licensee promptly
notify the commissioner of any change in that address. 

 (b) Requires each nonresident licensee to maintain an agent in the state
for service of process.  Provides that the name and address of the
out-of-state business and that of the agent to appear on the face of the
license, and requires the licensee to promptly notify the Texas Department
of Insurance of any change in either address. 

(c) Provides that a license issued under this article must be posted
conspicuously in the licensee's principal place of business. 

Sec. 14.  LICENSE NOT ASSIGNABLE.  Provides that a license under this
article is not assignable. 

Sec. 15.  NONRESIDENT LICENSE.  (a) Authorizes the commissioner to issue a
nonresident license to a public insurance adjuster license applicant who
is not a permanent resident of this state upon determining that the
application meets the requirements of this article, that the nonresident
license application fee has been paid, and that the applicant meets
certain criteria regarding age, licensure in the state of residence,
examination performance in the state of residence, character, knowledge,
experience, criminal history, and financial responsibilities; can provide
certain authorization from the applicant's state of residence that the
applicant holds a comparable license to act a public insurance adjuster or
as an adjuster, agent, broker or other insurance representative if that
state does not require a public insurance adjuster license; and complies
with any other applicable requirements under state law, including
providing a complete set of fingerprints upon request, as provided by
Article 1.10C (Access to Certain Criminal History Record Information). 

(b) Requires a nonresident licensee to comply with all requirements of
this article in performing any public insurance adjuster activities in
this state, including record maintenance requirements in Section 24
(Record Maintenance) of this article. Provides that failure of a
nonresident licensee to properly maintain records, as determined by the
commissioner after notice and opportunity for a hearing, constitutes
grounds for suspension of the nonresident license in accordance with
Section 30 (Denial, Suspension, or Revocation of License) of this article. 

(c) Requires each nonresident licensee to comply with all other applicable
laws and rules of the state, including state sales tax collection, as
appropriate, for services performed under this article. 

(d)  Provides that a nonresident licensee, as a condition of doing
business in the state, to annually, not later than January 1 and on a form
prescribed by the commissioner, must annually submit an affidavit
certifying  that the licensee is familiar with  and understands the laws
specified in Section 8 (Examination for License; Advisory Committee) of
this article, the applicable rules adopted under those laws,  and the
terms and conditions of the types of insurance contracts that provide
coverage on real and personal property.  Provides that compliance with the
filing requirement is necessary to the issuance, continuation,
reinstatement, or renewal of a nonresident public insurance adjuster
license. 

(e) Provides that a nonresident licensee is subject to Section 6(b)
(Financial Responsibility Requirements) of this article. 

Sec. 16.  REGISTRATION PROGRAM FOR TRAINEES.  (a) Provides that a public
insurance adjuster trainee must register with TDI for a temporary
certificate under this section on a commissioner-prescribed form.
Provides that the form must be accompanied by a nonrefundable registration
fee as prescribed by Section 11(a)(4) (Fee for License, Renewal, and
Examination) of this article 

(b) Authorizes a temporary certificate to be issued under this section
only for educational and training purposes and authorizes the holder of
such a certificate to practice only under the direction and sponsorship of
a licensee of this state. 

 (c) Requires the sponsor of a public insurance adjuster trainee to
attest, on a commissioner-prescribed form, that the trainee is under the
supervision and control of the sponsor and that the sponsor has meet the
financial requirements of Section 6 (Financial Responsibility
Requirements) of this article. 

(d) Provides that a temporary certificate expires on the 180th day after
the date of issuance and authorizes one renewal on application to the
commissioner.  Sets forth the limit of two consecutive temporary
certificates for an individual. 

(e) Provides that each temporary certificate holder under this section
must comply with the financial responsibility requirements imposed under
Section 6 (Financial Responsibility Requirements) of this article. 

Sec. 17.  CONDUCT TO COMPLY WITH CONTRACT.  Requires a licensee to prepare
each claim for the licensee's insured in accordance with the terms and
conditions of the contract of insurance under which recovery is sought. 

Sec. 18. CODE OF ETHICS.  Requires the commissioner to adopt by rule, with
guidance from the public insurance adjusters examination advisory
committee, a code of ethics that fosters the education of public insurance
adjusters concerning ethical, legal, and business principles that should
govern their conduct; recommendations regarding the solicitation of the
adjustment of losses by public insurance adjusters; and any other
principles of conduct or procedures the commissioner deems necessary and
reasonable. 

Sec. 19.  PUBLIC INSURANCE ADJUSTER AUTHORITY.  Provides that this article
does not limit or diminish the authority of a licensee to investigate or
adjust a loss to less than the authority for that purpose that may be
exercised by an adjuster licensed under Article 21.07-4, Insurance Code
(Licensing of Insurance Adjusters). 

Sec. 20.  LICENSE RENEWAL.  (a) Provides that a license under this article
expires on the second anniversary of the date of issuance, unless
suspended or revoked by the commissioner.  Authorizes a licensee to renew
an unexpired license by filing a commissioner-prescribed renewal form that
demonstrates continued compliance with license requirements.  Provides
that certain items must accompany the renewal application. 

(b) Provides that a licensee must submit the completed renewal
application, evidence of compliance with continuing education
requirements, and the renewal fee to the commissioner not later than the
30th day before the second anniversary date of the license. Provides that
the original license remains in force until the renewal is issued or the
commissioner revokes it. 

(c) Authorizes a person whose license has been expired for 90 days or less
to renew the license by filing a commissioner-prescribed renewal form,
evidence of compliance with continuing education requirements, and paying
one-and-a-half the amount of the renewal fee. 

(d) Prohibits a person whose license has been expired for more than 90
days but less than one year from renewing the license but entitles that
person to a new license without taking the applicable examination if the
person submits a new license application and evidence of compliance with
continuing education requirements, and pays one-and-a-half the amount of
the renewal fee. 

(e) Prohibits a person whose license has been expired for more than one
year from renewing the license.  Authorizes the person to obtain a new
license by submitting to reexamination, if examination is required for
original licensure, and by complying with the requirements and procedures
for obtaining an original license. 

(f) Authorizes TDI to renew an expired license, without reexamination, of
a person who was licensed in this state, moved to another state, and is
currently licensed and  has been in continual practice in the other state
up to and including the date of the application.  Provides that a person
must pay a fee equal to the license fee to TDI. 

(g) Requires TDI to send written notice of impending license expiration to
the licensee's last known mailing address at least 30 days before
expiration. 

Sec. 21.  CONTINUING EDUCATION REQUIREMENT.  (a) Provides that each
licensee must annually complete at least 15 hours of continuing education
courses.  Requires the commissioner to prescribe continuing education
course requirements under this section. 

(b) Authorizes the commissioner to waive any continuing education
requirement, notwithstanding Subsection (a), for a nonresident public
insurance adjuster with a valid license from another state with continuing
education requirements substantially equivalent to those of this state. 

Sec. 22.  COMMISSION.  (a) Authorizes a licensee to receive a commission
for service, except as provided by Subsection (b),  consisting of certain
methods of compensation. Prohibits the total commission from exceeding 10
percent of the amount of the insurance settlement on the claim. 

(b) Prohibits a licensee from receiving a commission consisting of a
percentage of the total amount paid by an insurer to resolve a claim on a
claim which the insurer, not later than 72 hours after the date on which
the loss is reported to the insurer, either pays or commits in writing to
pay the insured the policy limit in accordance with Article 6.13 (Policy a
Liquidated Demand or Section 862.053 (Fire Insurance: Total Loss of Real
Property) of this code.  Provides that the licensee is entitled to
reasonable compensation from the insured for services provided on the
insured's behalf, based on the time spent on a claim that is subject to
this subsection and incurred by the licensee, until the claim is paid or
the insured receives a written commitment from the insurer to pay. 

(c) Provides that all persons paying any proceeds of an insurance policy
or making any payment affecting an insured's rights under a policy, except
for the payment of a commission by the insured, must perform certain acts. 

(d) Prohibits a public insurance adjuster from accepting any payment that
violates Subsection (c). 

(e) Prohibits a public insurance adjuster from signing and endorsing any
payment draft or check on behalf of an insured, notwithstanding any
authorization the insured may have given the public insurance adjuster. 

Sec. 23.  PROHIBITED CONDUCT.  (a )  Prohibits a licensee from directly or
indirectly acting as a public insurance adjuster in this state without
first having entered into a contract, in writing, on a
commissioner-approved form, executed in duplicate by the licensee and the
insured, or the duly authorized representative thereof.  Requires one copy
of the contract to be kept on file in the state by the licensee at all
times for inspection, without notice, by the commissioner or the duly
authorized representative thereof. 

(b) Prohibits a licensee from soliciting, or attempting to solicit, a
client during a loss-producing natural disaster. 

(c) Prohibits a licensee from soliciting, or attempting to solicit
business on a loss or a claim in any manner except between 9 a.m. and 9
p.m. on a weekday or Saturday, and between noon and 9 p.m. on Sunday, but
not from accepting phone calls or visits during the prohibited hours from
an insured upon the insured's initiation. 

(d) Prohibits a licensee from using any form of contract not approved by
the commissioner.  Sets forth the required content of the required
provision allowing the  client to rescind the contract.  Authorizes the
commissioner, by rule, to require additional prominently displayed
content. 

(e) Prohibits a licensee from knowingly making a false report to the
licensee's employer or client and from divulging any information obtained
except at the direction of the employer or client for whom the information
is obtained, except as required by law.  

(f) Prohibits a licensee from using a badge in connection with official
activities of the licensee's business. 

(g) Prohibits a licensee from permitting an employee or agent to perform
activities in the employee's or agent's own name, for which a license is
required under this article. 

(h) Prohibits a licensee from rendering services or performing acts that
constitute practicing law. 

(i) Prohibits a licensee from representing an insured on a claim or
charging a fee while representing the opposing insurance carrier. 

(j) Prohibits a licensee from soliciting, or attempting to solicit,
business, directly or indirectly, or acting in any manner on a bodily
injury loss or any claim for which the client is not an insured under the
insurance policy. 

(k) Prohibits a licensee from acquiring an interest in salvaged property
subject to a claim adjusted by the licensee without the knowledge and
consent of the insured, in writing. 

(l) Prohibits a licensee from engaging in any activities that may
reasonably construed as presenting a conflict of interest. 

(m)  Prohibits a licensee from engaging in certain actions regarding
misrepresentation, advancement of money to clients, and payment of
unlicensed public insurance adjusters. 

Sec. 24.  RECORD MAINTENANCE.  (a) Requires a licensee to keep a complete
record, in the state, of each transaction as a public insurance adjuster.
Sets forth the required content of those records. 

(b) Requires the required records be maintained in the state for at least
five years after the termination of a transaction with the insured and
provides that the record must be open to examination by the commissioner. 

Sec. 25.  FIDUCIARY CAPACITY.  (a) Provides that all funds received as
claim proceeds by licensee acting as a public insurance adjuster are
received and held in a fiduciary capacity. Provides that a licensee who
diverts or appropriates fiduciary funds for personal use is guilty of
theft and is punishable as provided by law. 

(b) Provides that an applicant for a public insurance adjuster license
must endorse an authorization for disclosure of all financial records of
any fiduciary funds to the commissioner as part of the application.
Requires the authorization to continue in effect for the duration of the
license. 

Sec. 26.  NOTICE TO LAST ADDRESS.  Provides that a required notice sent by
registered mail to a person's last known address is considered sufficient
notice under this article. 

Sec. 27.  RELOCATION TO ANOTHER STATE. (a) Requires a resident or
nonresident licensed public insurance adjuster, not later than the 30th
day after moving from one state  to another, to file certain information
with TDI. 

(b) Prohibits TDI from charging a fee or requiring a license application
under Subsection (a) of this section. 

Sec. 28.  ADVERTISEMENTS.  Provides that every advertisement by a licensee
must display certain information as it appears in the commissioner's
records. 

Sec. 29. RULES.  Authorizes the commissioner to adopt certain reasonable
and necessary rules to implement this article. 

Sec. 30.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.  (a) Authorizes
the commissioner to deny a license application or suspend or revoke a
license for certain reasons. 

(b)  Provides that the person affected by a refusal to issue or renew a
license or a suspension or revocation of a license is entitled to a
hearing as provided by Article 21.01-2, Section 3A(b) (General Provisions
Applicable to Certain License Holders: Denial or Refusal of License
Application; Suspension or Revocation of Licenses; Discipline of License
Holders). 

(c) Authorizes an appeal of a final order to a court of competent
jurisdiction as provided by Chapter 36D (Department Rules and Procedures:
Judicial Review). 

(d) Provides that an order suspending a license must specify the
suspension period, not to exceed 12 months. 

(e) Requires a license holder to surrender a revoked or suspended license
to the commissioner on demand. 

(f) Authorizes the commissioner to issue or reinstate a suspended or
revoked license on a finding that the cause for suspension, revocation, or
refusal no longer exists. 

(g) Authorizes a person whose license has been suspended to apply for a
new license after the expiration of the suspension period.  Prohibits a
person whose license has been revoked or whose application for a license
is denied, except for failing to submit a completed application, from
applying for a new license until the fifth anniversary of certain dates. 

(h)  Authorizes the commissioner to deny a timely application filed under
Subsection (g) if the applicant does not show good cause why the denial or
revocation of the license should not be considered a bar to the issuance
of the new license.  Provides that this subsection does not apply to an
applicant whose license application was denied for certain reasons. 

(i) Authorizes the commissioner to impose an administrative penalty, in
lieu of a license suspension or revocation, not to exceed $2,000 per
violation. 

(j) Authorizes TDI to institute disciplinary proceedings against a
licensee for conduct committed before the effective date of a voluntary
surrender or automatic forfeiture of the license.  Provides that the
surrender or forfeiture of the license does not affect the licensee's
culpability for the conduct. 

Sec. 31.  AUTOMATIC FINES.  Provides that Article 21.01-2, Section 5A
(General Provisions Applicable to Certain License Holders: Automatic
Fines) applies to violations of this article. 

Sec. 32.  CRIMINAL PENALTY; SANCTIONS.  (a) Provides that a violation
under this article is a Class B misdemeanor, except as provided by Section
25(a)(Fiduciary Capacity). 

 (b) Provides that in addition to criminal penalties imposed under
Subsection (a), a person in violation of the article is subject to
sanctions provided by Article 21.21, Section 7 (Unfair Competition and
Unfair Practices: Cease and Desist Orders). 

 SECTION 3.03.  Amends Article 21.01, Insurance Code, as follows:

Sec. 3.  APPLICATION.  Includes persons licensed in accordance with
Article 21.07-5 (Public Insurance Adjusters) in the list of persons to
whom this subchapter applies. Redesignates Subsections (13)-(19) as
Subsections (14)-(20). 

 SECTION 3.04. (a)  Requires the commissioner, if the commissioner elects
to appoint a public insurance adjusters examination advisory committee
under Article 21.07-5, Insurance Code (Public Insurance Adjusters),  to
appoint the members not later than the 60th day after the effective date
of this Act.  Authorizes the commissioner, if the commissioner has a
contract with a testing service that is in effect on the effective date of
this act, to add the public insurance adjusters examination to the scope
of a contract at a fee not greater than the highest adjuster examination
fee charged. 

(b)  Requires the commissioner of insurance to adopt the examination
required by Article 21.07-5, Insurance Code (Public Insurance Adjusters),
not later than January 1, 2004. Authorizes the commissioner to issue a
nonrenewable license, except as determined by the commissioner, temporary
public insurance adjuster license, which expires June 1, 2004, to a
qualified individual, except for the examination requirement, pending
adoption of the examination. 

(c) Requires the commissioner to adopt the code of ethics prescribed in
Article 21.07-5, Insurance Code (Public Insurance Adjusters) not later
than September 1, 2004. 

(d) Requires the commissioner to adopt rules, subject to the provisions of
Subsections (a), (b), and (c), to implement Article 21.07-5, Insurance
Code (Public Insurance Adjusters), not later than January 1, 2004. 

 ARTICLE 4.  EFFECTIVE DATE

 SECTION 4.01.  Effective date: upon passage or September 1, 2003.

EFFECTIVE DATE

On passage or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 127 removes provisions prohibiting an insurer from using certain
appliance-related claims as underwriting guidelines. 

C.S.S.B. 127 sets forth claims handling procedures and time frames
relating to water damage claims (Article 21.55A), rather than to all types
of claims.   

C.S.S.B. 127 provides for the issuance of a resident public adjuster
license to certain applicants who have been convicted of a felony 11 or
more years before filing an application, rather than prohibiting the
issuance of a license to a convicted felon who has not been pardoned and
relieved of any connected disability.