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A BILL TO BE ENTITLED
|
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AN ACT
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relating to insurance claims and certain prohibited acts and |
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practices in or in relation to the business of insurance; amending |
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provisions that are or may be subject to a criminal penalty. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 541.002(2), Insurance Code, is amended |
|
to read as follows: |
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(2) "Person" means an individual, corporation, |
|
association, partnership, reciprocal or interinsurance exchange, |
|
Lloyd's plan, fraternal benefit society, or other legal entity |
|
engaged in the business of insurance, including an agent, broker, |
|
[adjuster,] or life and health insurance counselor. The term does |
|
not include an individual employed by an insurer as an adjuster or a |
|
third-party individual or entity engaged by an insurer to provide |
|
adjusting, estimating, consulting, engineering, or other services |
|
related to the insurer's adjustment of a claim. |
|
SECTION 2. Section 541.060, Insurance Code, is amended by |
|
amending Subsection (a) and adding Subsection (c) to read as |
|
follows: |
|
(a) It is an unfair method of competition or an unfair or |
|
deceptive act or practice in the business of insurance for a person |
|
to engage in the following unfair settlement practices with respect |
|
to a claim by an insured or beneficiary: |
|
(1) misrepresenting to a claimant a material fact or |
|
policy provision relating to coverage at issue; |
|
(2) failing to attempt in good faith to effectuate a |
|
prompt, fair, and equitable settlement of: |
|
(A) a claim with respect to which the insurer's |
|
liability has become reasonably clear; or |
|
(B) a claim under one portion of a policy with |
|
respect to which the insurer's liability has become reasonably |
|
clear to influence the claimant to settle another claim under |
|
another portion of the coverage unless payment under one portion of |
|
the coverage constitutes evidence of liability under another |
|
portion; |
|
(3) failing to promptly provide to a policyholder a |
|
reasonable explanation of the basis in the policy, in relation to |
|
the facts or applicable law, for the insurer's denial of a claim or |
|
offer of a compromise settlement of a claim; |
|
(4) failing within a reasonable time to: |
|
(A) affirm or deny coverage of a claim to a |
|
policyholder; or |
|
(B) submit a reservation of rights to a |
|
policyholder; |
|
(5) refusing, failing, or unreasonably delaying a |
|
settlement offer under applicable first-party coverage on the basis |
|
that other coverage may be available or that third parties are |
|
responsible for the damages suffered, except as may be specifically |
|
provided in the policy; |
|
(6) undertaking to enforce a full and final release of |
|
a claim from a policyholder when only a partial payment has been |
|
made, unless the payment is a compromise settlement of a doubtful or |
|
disputed claim; |
|
(7) refusing to pay a claim without conducting a |
|
reasonable investigation with respect to the claim; |
|
(8) with respect to a Texas personal automobile |
|
insurance policy, delaying or refusing settlement of a claim solely |
|
because there is other insurance of a different kind available to |
|
satisfy all or part of the loss forming the basis of that claim; or |
|
(9) requiring a claimant as a condition of settling a |
|
claim to produce the claimant's federal income tax returns for |
|
examination or investigation by the person unless: |
|
(A) a court orders the claimant to produce those |
|
tax returns; |
|
(B) the claim involves a fire loss; or |
|
(C) the claim involves lost profits or income. |
|
(c) An insurer is solely responsible for any violation of |
|
Subsection (a) by: |
|
(1) an individual employed by the insurer as an |
|
adjuster; or |
|
(2) a third-party individual or entity engaged by the |
|
insurer to provide adjusting, estimating, consulting, engineering, |
|
or other services related to the insurer's adjustment of a claim. |
|
SECTION 3. Section 541.061, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 541.061. MISREPRESENTATION OF INSURANCE POLICY. (a) |
|
It is an unfair method of competition or an unfair or deceptive act |
|
or practice in the business of insurance for a person to |
|
misrepresent an insurance policy by: |
|
(1) making an untrue statement of material fact; |
|
(2) failing to state a material fact necessary to make |
|
other statements made not misleading, considering the |
|
circumstances under which the statements were made; |
|
(3) making a statement in a manner that would mislead a |
|
reasonably prudent person to a false conclusion of a material fact; |
|
(4) making a material misstatement of law; or |
|
(5) failing to disclose a matter required by law to be |
|
disclosed, including failing to make a disclosure in accordance |
|
with another provision of this code. |
|
(b) An insurer is solely responsible for any violation of |
|
Subsection (a) by: |
|
(1) an individual employed by the insurer as an |
|
adjuster; or |
|
(2) a third-party individual or entity engaged by the |
|
insurer to provide adjusting, estimating, consulting, engineering, |
|
or other services related to the insurer's adjustment of a claim. |
|
SECTION 4. Section 541.151, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 541.151. PRIVATE ACTION FOR ACTUAL DAMAGES AUTHORIZED. |
|
(a) A person who sustains actual damages may bring an action against |
|
another person for those damages caused by the other person |
|
engaging in an act or practice: |
|
(1) defined by Subchapter B to be an unfair method of |
|
competition or an unfair or deceptive act or practice in the |
|
business of insurance; or |
|
(2) specifically enumerated in Section 17.46(b), |
|
Business & Commerce Code, as an unlawful deceptive trade practice |
|
if the person bringing the action shows that the person relied on |
|
the act or practice to the person's detriment. |
|
(b) For purposes of this subchapter, "actual damages" means |
|
an injury independent of the harm resulting from the insurer's |
|
denial of policy benefits. The policy benefits wrongfully |
|
withheld, as well as any attorney's fees or costs incurred to |
|
recover those policy benefits, do not constitute "actual damages" |
|
for purposes of this section. |
|
(c) An insurer is solely responsible for any violation of |
|
Subsection (a) by: |
|
(1) an individual employed by the insurer as an |
|
adjuster; or |
|
(2) a third-party individual or entity engaged by the |
|
insurer to provide adjusting, estimating, consulting, engineering, |
|
or other services related to the insurer's adjustment of a claim. |
|
SECTION 5. The heading to Section 541.152, Insurance Code, |
|
is amended to read as follows: |
|
Sec. 541.152. ACTUAL DAMAGES, ATTORNEY'S FEES, AND OTHER |
|
RELIEF. |
|
SECTION 6. Section 541.154, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 541.154. PRIOR NOTICE OF ACTION. (a) An insured [A
|
|
person] seeking damages in an action against an insurer [another
|
|
person under this subchapter] must provide written notice to the |
|
insurer [other person] not later than the 61st day before the date |
|
the action is filed. |
|
(b) If the amount sought by the insured in the action |
|
involves a claim for damage items previously submitted to the |
|
insurer, the [The] notice must contain [advise the other person
|
|
of]: |
|
(1) a sworn statement signed by the insured stating |
|
the specific damage items and the amount alleged to be owed by the |
|
insurer [the specific complaint]; [and] |
|
(2) the amount of the [actual damages and expenses,
|
|
including] attorney's fees the insured reasonably incurred in |
|
asserting the claim against the insurer; and |
|
(3) a stated amount that includes the amounts |
|
described by Subdivisions (1) and (2) that the insured will accept |
|
in full and final satisfaction of the claim [other person]. |
|
(b-1) If the amount sought by the insured in the action |
|
involves a claim for damage items not previously submitted to the |
|
insurer, the notice must contain: |
|
(1) a sworn statement signed by the insured stating |
|
the specific damage items, the amount alleged to be owed by the |
|
insured, and the reason the damage items were not previously |
|
submitted to the insurer; |
|
(2) copies of reports, estimates, photographs, and |
|
other items reasonably supporting the insured's additional damage |
|
items; |
|
(3) a statement that the insured will cooperate in |
|
allowing the insurer to inspect the insured property for purposes |
|
of investigating the additional damage items; |
|
(4) the amount of the attorney's fees the insured |
|
reasonably incurred in asserting the claim against the insurer; and |
|
(5) a stated amount that includes the amounts |
|
described by Subdivisions (1) and (4) that the insured will accept |
|
in full and final satisfaction of the claim. |
|
(b-2) Notice required by this section must be sent to the |
|
insurer by certified mail, return receipt requested. |
|
(c) Notice under this section [The notice] is not required |
|
if giving notice is impracticable because the action: |
|
(1) must be filed to prevent the statute of |
|
limitations from expiring; or |
|
(2) is asserted as a counterclaim. |
|
SECTION 7. Section 541.155, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 541.155. ABATEMENT; DISMISSAL. (a) A person against |
|
whom an action under this subchapter is pending who does not receive |
|
[the] notice as required by Section 541.154(b) [541.154] may file a |
|
plea in abatement not later than the 30th day after the date the |
|
person files an original answer in the court in which the action is |
|
pending. |
|
(b) The court shall abate the action if, after a hearing, |
|
the court finds that the person is entitled to an abatement because |
|
the claimant did not provide [the] notice as required by Section |
|
541.154(b) [541.154]. |
|
(c) An action is automatically abated without a court order |
|
beginning on the 11th day after the date a plea in abatement is |
|
filed if the plea: |
|
(1) is verified and alleges that the person against |
|
whom the action is pending did not receive [the] notice as required |
|
by Section 541.154(b) [541.154]; and |
|
(2) is not controverted by an affidavit filed by the |
|
claimant before the 11th day after the date the plea in abatement is |
|
filed. |
|
(d) An abatement under this section continues until the 60th |
|
day after the date notice is provided in compliance with Section |
|
541.154(b) [541.154]. |
|
(d-1) A person against whom an action under this subchapter |
|
is pending who does not receive notice as required by Section |
|
541.154(b-1) may file a motion to dismiss not later than the 30th |
|
day after the date the person files an original answer in the court |
|
in which the action is pending. |
|
(d-2) The court shall grant the motion under Subsection |
|
(d-1) if, after a hearing, the court finds that the person is |
|
entitled to dismissal because the claimant did not provide notice |
|
as required by Section 541.154(b-1). |
|
(e) Subsections (d-1) and (d-2) do [This section does] not |
|
apply if Section 541.154(c) applies. If Section 541.154(c) |
|
applies, the action may not be dismissed but shall be abated in |
|
accordance with Subsections (b), (c), and (d). |
|
SECTION 8. Section 542.053, Insurance Code, is amended by |
|
adding Subsection (e) to read as follows: |
|
(e) This subchapter is not intended to create any right of |
|
action against an individual employed by an insurer as an adjuster |
|
or a third-party individual or entity engaged by an insurer to |
|
provide adjusting, estimating, consulting, engineering, or other |
|
services related to the insurer's adjustment of a claim. An insurer |
|
listed in Section 542.052 is solely responsible under this |
|
subchapter for an action of an individual employed by the insurer as |
|
an adjuster or a third-party individual or entity engaged by the |
|
insurer to provide adjusting, estimating, consulting, engineering, |
|
or other services related to the insurer's adjustment of a claim. |
|
SECTION 9. Subchapter B, Chapter 542, Insurance Code, is |
|
amended by adding Section 542.0595 to read as follows: |
|
Sec. 542.0595. PRIOR NOTICE OF ACTION; ABATEMENT OR |
|
DISMISSAL. (a) An insured may not bring suit under Section 542.060 |
|
in connection with a claim for property damage or loss unless the |
|
insured has provided written notice to the insurer with respect to |
|
the claim in accordance with Section 541.154. |
|
(b) A suit under Section 542.060 is subject to abatement or |
|
dismissal to the same extent and in the same manner provided by |
|
Section 541.155 for an action under Subchapter D, Chapter 541. |
|
SECTION 10. Section 542.060, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 542.060. LIABILITY FOR VIOLATION OF SUBCHAPTER. (a) |
|
If an insurer that is liable for a claim under an insurance policy |
|
knowingly fails to act [is not] in compliance with this subchapter, |
|
the insurer is liable to pay the holder of the policy or the |
|
beneficiary making the claim under the policy, in addition to the |
|
amount of the claim, interest on the unpaid amount of the claim at |
|
the rate of 18 percent a year as damages, together with reasonable |
|
attorney's fees. |
|
(a-1) For purposes of Subsection (a), an insurer knowingly |
|
fails to act in compliance with this subchapter only if the insurer |
|
is actually aware of the insurer's failure to pay a claim for which |
|
the insurer is liable. There is no liability under this section for |
|
a claim with respect to which there is a bona fide dispute as to |
|
whether the insurer is liable. |
|
(b) If a suit is filed, interest and [the] attorney's fees |
|
payable under this section shall be taxed as part of the costs in |
|
the case. |
|
(c) The liability for interest and attorney's fees provided |
|
by this section are the exclusive remedy for a violation of this |
|
subchapter. This section is not intended to affect a right or |
|
remedy provided by Chapter 541 or any other law outside this |
|
subchapter. |
|
SECTION 11. Subchapter B, Chapter 542, Insurance Code, is |
|
amended by adding Section 542.0601 to read as follows: |
|
Sec. 542.0601. LIABILITY WITH RESPECT TO CERTAIN CLAIMS. |
|
An insurer is not liable under Section 542.060 with respect to: |
|
(1) a claim received by the insurer if it is determined |
|
through arbitration, litigation, or another dispute resolution |
|
process that the claim: |
|
(A) is not covered under the insurance policy; |
|
(B) was properly rejected; |
|
(C) is invalid; or |
|
(D) otherwise should not be paid by the insurer; |
|
or |
|
(2) a claim with respect to which an appraisal |
|
process: |
|
(A) is invoked under the terms of the policy: |
|
(i) by the insurer or insured before the |
|
commencement of litigation; |
|
(ii) by the defendant within 60 days after |
|
receiving notice of the commencement of litigation; or |
|
(iii) by the plaintiff after the |
|
commencement of litigation; and |
|
(B) results in a valid, signed award the amount |
|
of which is paid by the insurer not later than the 15th day after the |
|
date the insurer receives the award, consistent with the coverage, |
|
conditions, and limits provided by the policy, minus any prior |
|
payments and any applicable deductible amount. |
|
SECTION 12. Subtitle A, Title 10, Insurance Code, is |
|
amended by adding Chapter 1808 to read as follows: |
|
CHAPTER 1808. CLAIMS FOR PROPERTY DAMAGE |
|
Sec. 1808.001. DEFINITION. In this chapter, "claim for |
|
property damage" means a request for payment under an insurance |
|
policy for damage to or loss of real property or tangible personal |
|
property alleged to be covered by the policy. |
|
Sec. 1808.002. APPLICABILITY OF CHAPTER. This chapter |
|
applies to any claim under or related to an insurance policy that |
|
provides insurance coverage against damage to or loss of real |
|
property or tangible personal property, including a policy issued |
|
by an insurance company, reciprocal or interinsurance exchange, |
|
mutual insurance company, capital stock insurance company, county |
|
mutual insurance company, Lloyd's plan, or other legal entity |
|
authorized to write property insurance in this state. |
|
Sec. 1808.003. CLAIM FILING PERIOD. (a) A claimant must |
|
give an insurer prompt written notice of a claim for property damage |
|
after property covered under the policy is damaged or lost, but in |
|
no event later than the second anniversary of the date on which the |
|
damage to or loss of property that is the basis of the claim occurs. |
|
(b) Failure to provide notice of a claim for property damage |
|
by the second anniversary of the date on which the damage to or loss |
|
of property that is the basis of the claim occurs is an absolute bar |
|
to recovery on the claim. |
|
(c) Nothing in this section precludes an insurer from |
|
raising any defense available under the terms of its policy |
|
relating to prompt notice or that is otherwise available under the |
|
law. |
|
SECTION 13. Section 4102.051(a), Insurance Code, is amended |
|
to read as follows: |
|
(a) A person may not act as a public insurance adjuster in |
|
this state or hold himself or herself out to be a public insurance |
|
adjuster in this state unless the person holds a license or |
|
certificate issued by the commissioner under Section 4102.053 or |
|
[,] 4102.054[, or 4102.069]. |
|
SECTION 14. Section 4102.066(a), Insurance Code, is amended |
|
to read as follows: |
|
(a) The commissioner shall collect in advance the following |
|
nonrefundable fees: |
|
(1) for a public insurance adjuster license, an |
|
application fee in an amount to be determined by rule by the |
|
commissioner; |
|
(2) for a nonresident public insurance adjuster |
|
license, an application fee in an amount to be determined by rule by |
|
the commissioner; and |
|
(3) for each public insurance adjuster examination, a |
|
fee in an amount to be determined by rule by the commissioner [; and
|
|
[(4)
for a public insurance adjuster trainee
|
|
certificate under Section 4102.069, a registration fee in an amount
|
|
to be determined by rule by the commissioner]. |
|
SECTION 15. Section 4102.103, Insurance Code, is amended by |
|
adding Subsection (d) to read as follows: |
|
(d) A license holder may not enter into a contract with an |
|
insured and collect a commission as provided by Section 4102.104 |
|
without the intent to actually perform the services of a licensed |
|
public insurance adjuster for the insured. |
|
SECTION 16. Section 4102.104(d), Insurance Code, is amended |
|
to read as follows: |
|
(d) A public insurance adjuster may not accept any payment |
|
that violates the provisions of this section [Subsection (c)]. |
|
SECTION 17. Section 4102.158, Insurance Code, is amended by |
|
amending Subsection (a) and adding Subsections (d), (e), and (f) to |
|
read as follows: |
|
(a) A license holder may not: |
|
(1) participate directly or indirectly in the |
|
reconstruction, repair, or restoration of damaged property that is |
|
the subject of a claim adjusted by the license holder; or |
|
(2) engage in any other activities that may reasonably |
|
be construed as presenting a conflict of interest, including |
|
soliciting or accepting any remuneration from, [or] having a |
|
financial interest in, or having any immediate family member own or |
|
operate, any salvage firm, repair firm, construction firm, or other |
|
firm that obtains business in connection with any claim the license |
|
holder has a contract or agreement to adjust. |
|
(d) A license holder may not enter into a contract with an |
|
insured for the primary purpose of referring the insured to an |
|
attorney and without the intent to actually perform for the insured |
|
the services of a licensed public insurance adjuster. |
|
(e) A license holder may not act on behalf of an attorney in |
|
having an insured sign an attorney representation agreement. |
|
(f) A license holder must become familiar with and at all |
|
times act in conformance with the criminal barratry statute set |
|
forth in Section 38.12, Penal Code. |
|
SECTION 18. Section 4102.160, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 4102.160. CERTAIN PAYMENTS PROHIBITED. A license |
|
holder may not: |
|
(1) advance money to any potential client or insured; |
|
or |
|
(2) pay, allow, or give, or offer to pay, allow, or |
|
give, directly or indirectly, to a contractor, attorney, or any |
|
other person who is not a licensed public insurance adjuster a fee, |
|
commission, or other valuable consideration for the referral of an |
|
insured to the public insurance adjuster for purposes of [based on] |
|
the insured entering into a contract with that public insurance |
|
adjuster or for any other purpose [; or
|
|
[(3)
otherwise offer to pay a fee, commission, or
|
|
other valuable consideration exceeding $100 to a person not
|
|
licensed as a public insurance adjuster for referring an insured to
|
|
the license holder]. |
|
SECTION 19. Subchapter D, Chapter 4102, Insurance Code, is |
|
amended by adding Section 4102.164 to read as follows: |
|
Sec. 4102.164. ACCEPTANCE OF REFERRAL PAYMENTS PROHIBITED. |
|
(a) A licensed public insurance adjuster may not accept a fee, |
|
commission, or other valuable consideration of any nature, |
|
regardless of form or amount, in exchange for the referral by a |
|
licensed public insurance adjuster of an insured to any third-party |
|
individual or firm, including but not limited to an attorney, |
|
appraiser, umpire, construction company, contractor, or salvage |
|
company. |
|
(b) The commissioner shall adopt rules necessary to |
|
implement and enforce this section. |
|
SECTION 20. The heading to Section 27.02, Business & |
|
Commerce Code, is amended to read as follows: |
|
Sec. 27.02. CERTAIN OFFERS MADE AND INFORMATION PROVIDED IN |
|
CONNECTION WITH INSURANCE CLAIMS [FOR EXCESSIVE CHARGES]. |
|
SECTION 21. Sections 27.02(a) and (b), Business & Commerce |
|
Code, are amended to read as follows: |
|
(a) A person who sells goods or services, including a |
|
contractor, appraiser, estimator, or insurance restoration |
|
contractor, commits an offense if, in connection with a claim for |
|
property loss or damage under a property or casualty insurance |
|
policy: |
|
(1) the person advertises or promises to [provide the
|
|
good or service and to] pay, waive, absorb, rebate, subsidize, |
|
credit, or otherwise cover for any reason [:
|
|
[(A)] all or part of any applicable insurance |
|
deductible or other uninsured amount owed by an insured under the |
|
terms of the policy; [or
|
|
[(B)
a rebate in an amount equal to all or part of
|
|
any applicable insurance deductible;] |
|
(2) [the good or service is paid for by the consumer
|
|
from proceeds of a property or casualty insurance policy; and
|
|
[(3)] the person knowingly provides or causes to be |
|
provided to an insurer any estimate or other statement as to the |
|
cost of repair for the good or service to be provided that has been |
|
increased, inflated, or otherwise manipulated [charges an amount
|
|
for the good or service that exceeds the usual and customary charge
|
|
by the person for the good or service] by an amount equal to or |
|
greater than all or part of the applicable insurance deductible or |
|
other uninsured amount owed by an insured under the policy; or |
|
(3) the person knowingly provides or causes to be |
|
provided to an insurer any false or misleading material information |
|
within any estimate, bid, proposal, or other statement as to the |
|
scope of damage or cost of repair for the good or service to be |
|
provided [paid by the person to an insurer on behalf of an insured
|
|
or remitted to an insured by the person as a rebate]. |
|
(b) A person who is insured under a property or casualty |
|
insurance policy commits an offense if the person: |
|
(1) knowingly submits a claim under the policy based |
|
on conduct [charges that are] in violation of Subsection (a) [of
|
|
this section]; or |
|
(2) knowingly allows a claim in violation of |
|
Subsection (a) [of this section] to be submitted, unless the person |
|
promptly notifies the insurer of the conduct in violation of |
|
Subsection (a) [excessive charges]. |
|
SECTION 22. Section 38.12(d), Penal Code, is amended to |
|
read as follows: |
|
(d) A person commits an offense if the person: |
|
(1) is an attorney, chiropractor, physician, surgeon, |
|
public insurance adjuster, as defined by Section 4102.001, |
|
Insurance Code, or private investigator licensed to practice in |
|
this state or any person licensed, certified, or registered by a |
|
health care regulatory agency of this state; and |
|
(2) with the intent to obtain professional employment |
|
for the person or for another, provides or knowingly permits to be |
|
provided to an individual who has not sought the person's |
|
employment, legal representation, advice, or care a written |
|
communication or a solicitation, including a solicitation in person |
|
or by telephone, that: |
|
(A) concerns an action for personal injury or |
|
wrongful death or otherwise relates to an accident or disaster |
|
involving the person to whom the communication or solicitation is |
|
provided or a relative of that person and that was provided before |
|
the 31st day after the date on which the accident or disaster |
|
occurred; |
|
(B) concerns a specific matter and relates to |
|
legal representation and the person knows or reasonably should know |
|
that the person to whom the communication or solicitation is |
|
directed is represented by a lawyer in the matter; |
|
(C) concerns a lawsuit of any kind, including an |
|
action for divorce, in which the person to whom the communication or |
|
solicitation is provided is a defendant or a relative of that |
|
person, unless the lawsuit in which the person is named as a |
|
defendant has been on file for more than 31 days before the date on |
|
which the communication or solicitation was provided; |
|
(D) is provided or permitted to be provided by a |
|
person who knows or reasonably should know that the injured person |
|
or relative of the injured person has indicated a desire not to be |
|
contacted by or receive communications or solicitations concerning |
|
employment; |
|
(E) involves coercion, duress, fraud, |
|
overreaching, harassment, intimidation, or undue influence; [or] |
|
(F) contains a false, fraudulent, misleading, |
|
deceptive, or unfair statement or claim; or |
|
(G) concerns the proposed adjustment of a |
|
property damage insurance claim and is made by a person other than |
|
the licensed public insurance adjuster who would be directly |
|
providing the proposed public insurance adjusting services to the |
|
recipient of the communication. |
|
SECTION 23. Section 4102.069, Insurance Code, is repealed. |
|
SECTION 24. Chapter 541, Insurance Code, as amended by this |
|
Act, applies only to conduct that occurs on or after the effective |
|
date of this Act. Conduct that occurs before the effective date of |
|
this Act is governed by the law as it existed immediately before the |
|
effective date of this Act, and that law is continued in effect for |
|
that purpose. |
|
SECTION 25. Subchapter B, Chapter 542, Insurance Code, as |
|
amended by this Act, applies only to a claim for which notice of |
|
claim is provided to an insurer on or after the effective date of |
|
this Act. A claim for which notice of claim is provided to an |
|
insurer before the effective date of this Act is governed by the law |
|
as it existed immediately before the effective date of this Act, and |
|
that law is continued in effect for that purpose. |
|
SECTION 26. Chapter 1808, Insurance Code, as added by this |
|
Act, applies only to a claim under an insurance policy delivered, |
|
issued for delivery, or renewed on or after January 1, 2016. A |
|
claim under a policy delivered, issued for delivery, or renewed |
|
before January 1, 2016, is governed by the law as it existed |
|
immediately before the effective date of this Act, and that law is |
|
continued in effect for that purpose. |
|
SECTION 27. The repeal by this Act of Section 4102.069, |
|
Insurance Code, does not affect the authority of a person to act |
|
under a temporary certificate issued by the Texas Department of |
|
Insurance under that section before the effective date of this Act. |
|
SECTION 28. Sections 4102.103(d) and 4102.158(d), |
|
Insurance Code, as added by this Act, apply only to a contract |
|
entered into on or after the effective date of this Act. |
|
SECTION 29. (a) Except as provided by this section, Section |
|
4102.104, Insurance Code, as amended by this Act, applies only to |
|
payment for a service performed on or after the effective date of |
|
this Act. |
|
(b) Payment for a service performed before the effective |
|
date of this Act or performed after the effective date of this Act |
|
under a contract entered into before the effective date of this Act |
|
is governed by the law as it existed immediately before the |
|
effective date of this Act, and that law is continued in effect for |
|
that purpose. |
|
SECTION 30. Section 4102.160, Insurance Code, as amended by |
|
this Act, and Section 4102.164, Insurance Code, as added by this |
|
Act, apply only to a referral made on or after the effective date of |
|
this Act. A referral made before the effective date of this Act is |
|
governed by the law as it existed immediately before the effective |
|
date of this Act, and that law is continued in effect for that |
|
purpose. |
|
SECTION 31. The changes in law made by this Act apply only |
|
to an offense committed on or after the effective date of this Act. |
|
An offense committed before the effective date of this Act is |
|
governed by the law in effect when the offense was committed, and |
|
the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense was committed before the |
|
effective date of this Act if any element of the offense occurred |
|
before that date. |
|
SECTION 32. This Act takes effect September 1, 2015. |