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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of insurance adjusters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4101.001(a)(1), Insurance Code, is |
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amended to read as follows: |
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(1) "Adjuster" means a person who: |
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(A) investigates or adjusts losses on behalf of |
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an insurer as an independent contractor [or as an employee] of: |
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(i) an adjustment bureau; |
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(ii) an association; |
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(iii) a general property and casualty agent |
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or personal lines property and casualty agent; |
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(iv) an independent contractor; |
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(v) an insurer; or |
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(vi) a managing general agent; |
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(B) supervises the handling of claims; or |
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(C) investigates, adjusts, supervises the |
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handling of, or settles workers' compensation claims, including |
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claims arising from services provided through a certified workers' |
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compensation health care network as authorized under Chapter 1305, |
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on behalf of an administrator, as defined by Chapter 4151, or on |
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behalf of an insurance carrier, as defined by Section 401.011, |
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Labor Code. |
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SECTION 2. Section 4101.002(a), Insurance Code, is amended |
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to read as follows: |
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(a) This chapter does not apply to: |
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(1) an attorney who: |
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(A) adjusts insurance losses periodically and |
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incidentally to the practice of law; and |
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(B) does not represent that the attorney is an |
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adjuster; |
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(2) a salaried employee of an insurer who is not |
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regularly engaged in the adjustment, investigation, or supervision |
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of insurance claims; |
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(3) a person employed only to furnish technical |
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assistance to a licensed adjuster, including: |
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(A) an attorney; |
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(B) an engineer; |
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(C) an estimator; |
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(D) a handwriting expert; |
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(E) a photographer; and |
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(F) a private detective; |
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(4) an agent or general agent of an authorized insurer |
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who processes an undisputed or uncontested loss for the insurer |
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under a policy issued by the agent or general agent; |
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(5) a person who performs clerical duties and does not |
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negotiate with parties to disputed or contested claims; |
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(6) a person who handles claims arising under life, |
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accident, and health insurance policies; |
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(7) a person: |
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(A) who is employed principally as: |
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(i) a right-of-way agent; or |
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(ii) a right-of-way and claims agent; |
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(B) whose primary responsibility is the |
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acquisition of easements, leases, permits, or other real property |
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rights; and |
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(C) who handles only claims arising out of |
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operations under those easements, leases, permits, or other |
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contracts or contractual obligations; |
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(8) an individual who is employed to investigate |
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suspected fraudulent insurance claims but who does not adjust |
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losses or determine claims payments; |
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(9) a public insurance adjuster licensed under Chapter |
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4102; [or] |
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(10) an individual who: |
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(A) collects claim information from, or |
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furnishes claim information to, an insured or claimant and enters |
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data into an automated claims adjudication system; and |
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(B) is employed by a licensed independent |
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adjuster or its affiliate under circumstances in which no more than |
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25 individuals performing duties described by Paragraph (A) are |
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supervised by a single licensed independent adjuster or a single |
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licensed agent; or |
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(11) an individual who is employed by an insurer to |
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investigate or adjust losses on behalf of the insurer, including |
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entering into subrogation agreements or arrangements with other |
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parties on behalf of the insurer. |
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SECTION 3. 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, 2013. |