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