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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption from public insurance adjuster license |
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requirements for certain persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4102.002, Insurance Code, is amended to |
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read as follows: |
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Sec. 4102.002. GENERAL EXEMPTIONS. This chapter does not |
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apply to: |
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(1) an officer or employee of the federal or state |
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government or of a political subdivision of the state government |
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while the officer or employee is engaged in the performance of |
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official duties; |
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(2) an attorney engaged in the performance of the |
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attorney's professional duties; |
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(3) insurers admitted to do business in the state and |
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agents licensed by this state, engaged in the performance of their |
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duties in connection with insurance transactions; |
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(4) the legal owner of personal property that has been |
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sold under a conditional sales agreement or a mortgagee under the |
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terms of a chattel mortgage; |
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(5) a salaried office employee who performs |
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exclusively clerical or administrative duties attendant to the |
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disposition of the business regulated by this chapter; |
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(6) a photographer, estimator, appraiser, engineer, |
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or arbitrator employed by a public insurance adjuster exclusively |
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for the purpose of furnishing technical assistance to the licensed |
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public insurance adjuster; |
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(7) a private investigator licensed under Chapter |
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1702, Occupations Code, while acting within the scope of that |
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license; [or] |
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(8) a full-time salaried employee of a property owner |
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or a property management company retained by a property owner who: |
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(A) does not hold the employee out as: |
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(i) a public insurance adjuster; or |
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(ii) a building, roofing, or other |
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restoration contractor; |
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(B) has not been hired to handle a specific claim |
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resulting from a fire or casualty loss; and |
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(C) acts at the sole discretion of the property |
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owner or management company regarding a claim related to the |
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owner's property; or |
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(9) a person, or an employee of the person, who, solely |
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for or on behalf of any federally regulated mortgagee or entity that |
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services the mortgagee's loans: |
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(A) files, adjusts, investigates, or processes |
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property insurance claims; or |
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(B) conducts or reviews property inspections in |
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conjunction with those property insurance claims. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |