|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to roofing contractors; creating an offense. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
|
amended by adding Chapter 110 to read as follows: |
|
CHAPTER 110. ROOFING CONTRACTORS |
|
Sec. 110.001. DEFINITION. In this chapter, "roofing |
|
contractor" means a person who, for compensation, provides a |
|
roofing service, including the installation, construction, |
|
maintenance, service, repair, alteration, or modification of any |
|
part of a roof. |
|
Sec. 110.002. PROHIBITED CONDUCT. A roofing contractor may |
|
not: |
|
(1) assist a customer to obtain payment under an |
|
insurance policy for a roofing service or product provided by the |
|
contractor, without regard to whether the contractor is compensated |
|
for providing the assistance; or |
|
(2) bear the cost, directly or indirectly, of an |
|
insurance policy deductible applicable to a roofing service or |
|
product provided by the contractor. |
|
Sec. 110.003. PROHIBITED AGREEMENT. A roofing contractor |
|
may not enter into an agreement with a customer or potential |
|
customer under which the contractor agrees to engage in conduct |
|
prohibited by Section 110.002. |
|
Sec. 110.004. REQUIRED DISCLOSURE OF LIABILITY INSURANCE |
|
COVERAGE. Before or at the time of entering into a contract for a |
|
roofing service, a roofing contractor must disclose in writing to |
|
the customer or potential customer whether the contractor is |
|
covered by a liability insurance policy that covers the contractor |
|
for liability for damages arising out of the provision of roofing |
|
services. At the request of the customer or potential customer, the |
|
roofing contractor shall provide to the customer or potential |
|
customer a copy of the declarations page of any applicable |
|
liability insurance policy. |
|
Sec. 110.005. INSURANCE ADJUSTERS. An insurance adjuster |
|
licensed under Chapter 4101, Insurance Code, or a public insurance |
|
adjuster licensed under Chapter 4102, Insurance Code, may not |
|
engage in business as a roofing contractor. |
|
Sec. 110.006. OFFENSE. A person commits an offense if the |
|
person is a roofing contractor and violates this chapter. An |
|
offense under this section is a Class C misdemeanor. |
|
SECTION 2. Chapter 4101, Insurance Code, is amended by |
|
adding Subchapter F to read as follows: |
|
SUBCHAPTER F. PROHIBITED CONDUCT |
|
Sec. 4101.251. CERTAIN ROOFING-RELATED BUSINESS |
|
PROHIBITED. A licensed adjuster may not engage in business as a |
|
roofing contractor, as that term is defined by Section 110.001, |
|
Business & Commerce Code. |
|
SECTION 3. Subchapter D, Chapter 4102, Insurance Code, is |
|
amended by adding Section 4102.163 to read as follows: |
|
Sec. 4102.163. CERTAIN ROOFING-RELATED BUSINESS |
|
PROHIBITED. A license holder may not engage in business as a |
|
roofing contractor, as that term is defined by Section 110.001, |
|
Business & Commerce Code. |
|
SECTION 4. This Act takes effect September 1, 2013. |