79R15115 AJA-D


By:  Smithee                                                      H.B. No. 2155

Substitute the following for H.B. No. 2155:                                   

By:  Smithee                                                  C.S.H.B. No. 2155



A BILL TO BE ENTITLED

AN ACT

relating to liability of insurance agents for unfair methods of 
competition or deceptive acts or practices in the business of 
insurance.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 541, Insurance Code, as 
effective April 1, 2005, is amended by adding Section 541.163 to 
read as follows:
	Sec. 541.163.  ELECTION OF REMEDY FOR CLAIM AGAINST 
INSURANCE AGENT.  A person may not bring an action against or 
recover damages from an insurance agent under the Deceptive Trade 
Practices-Consumer Protection Act (Subchapter E, Chapter 17, 
Business & Commerce Code) for the same act or practice for which the 
person brings an action against or recovers damages from the 
insurance agent under this subchapter.
	SECTION 2.  The changes in law made by this Act apply only to 
a cause of action that accrues on or after the effective date of 
this Act.  A cause of action that accrues before the effective date 
of this Act is governed by the law in effect immediately before that 
date, and that law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.