78R962 PB-D

By:  Burnam                                                       H.B. No. 123



A BILL TO BE ENTITLED

AN ACT

relating to specialized training for certain insurance adjusters.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 407, Acts of the 63rd Legislature, 
Regular Session, 1973 (Article 21.07-4, Vernon's Texas Insurance 
Code), is amended by adding Section 7B to read as follows:
	Sec. 7B.  SPECIALIZED TRAINING REGARDING WATER AND MOLD 
CLAIMS; CERTIFICATE.  (a) The commissioner, by rule, shall 
prescribe a specialized training program for adjusters who handle 
claims involving water or mold damage.  The training program must 
include training on how to prevent or reduce mold damage in 
water-related claims.  The training program may be offered in 
conjunction with a continuing education program conducted under 
Section 7A of this Act.
	(b)  An adjuster may not handle a claim involving water or 
mold damage unless the adjuster has successfully completed the 
specialized training program prescribed by the commissioner in the 
adjustment of those claims.
	(c)  The department shall issue a certificate of completion 
to each adjuster who satisfies the requirements of this section.  A 
certificate issued under this section is valid until the first 
anniversary of the date of issuance and may be renewed in the manner 
prescribed by the department.  The department shall collect from 
each applicant for a certificate a certification fee set by the 
department in an amount reasonable and necessary to cover the costs 
of administering this section.
	(d)  An adjuster who violates Subsection (b) of this section 
is subject to disciplinary action under Section 17 of this Act.
	SECTION 2.  (a)  Not later than November 1, 2003, the 
commissioner of insurance shall adopt rules as required by Section 
7B, Chapter 407, Acts of the 63rd Legislature, Regular Session, 
1973 (Article 21.07-4, Vernon's Texas Insurance Code), as added by 
this Act. 
	(b)  A person licensed as an insurance adjuster by the Texas 
Department of Insurance on September 1, 2003, is not required to 
comply with the requirements of Section 7B, Chapter 407, Acts of the 
63rd Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's 
Texas Insurance Code), as added by this Act, and the rules adopted 
under that section until March 1, 2004.
	SECTION 3.  This Act takes effect September 1, 2003, and 
applies only to an insurance claim filed with an insurer on or after 
March 1, 2004.