| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to creating the criminal offense of prohibited conduct by |
|
|
public insurance adjusters. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 35, Penal Code, is amended by adding |
|
|
Section 35.05 to read as follows: |
|
|
Sec. 35.05. PROHIBITED CONDUCT BY |
|
|
PUBLIC INSURANCE |
|
|
ADJUSTERS. (a) In this section, "public insurance adjuster" |
|
|
means a license holder under Chapter 4102, Insurance Code. |
|
|
(b) A public insurance adjuster commits an offense if the |
|
|
public insurance adjuster directly or indirectly solicits |
|
|
employment for an attorney licensed in this state in connection |
|
|
with an insurance claim or insured loss and without having first |
|
|
provided the services customarily undertaken by a public insurance |
|
|
adjuster. |
|
|
(c) A public insurance adjuster commits an offense if the |
|
|
public insurance adjuster, in exchange for referring an insurance |
|
|
claim to an attorney at any time: |
|
|
(1) receives a fee or other compensation from the |
|
|
attorney; or |
|
|
(2) splits a fee or other compensation with the |
|
|
attorney. |
|
|
(d) A public insurance adjuster commits an offense if the |
|
|
public insurance adjuster: |
|
|
(1) solicits or accepts compensation from, or has a |
|
|
financial interest in, any person or entity, including a salvage |
|
|
firm, general contractor, subcontractor, repair firm, or other |
|
|
firm, that obtains business in connection with an insurance claim |
|
|
or insured loss that the public insurance adjuster has a contract or |
|
|
agreement to adjust; or |
|
|
(2) refers an insured in connection with an insurance |
|
|
claim or insured loss to any person or entity in which the public |
|
|
insurance adjuster has a financial interest or from whom the public |
|
|
insurance adjuster reasonably expects direct or indirect |
|
|
compensation as a result of the referral. |
|
|
(e) An offense under this section is a Class A misdemeanor. |
|
|
SECTION 2. The heading to Chapter 35, Penal Code, is amended |
|
|
to read as follows: |
|
|
CHAPTER 35. INSURANCE FRAUD AND OTHER PROHIBITED CONDUCT |
|
|
SECTION 3. This Act takes effect September 1, 2015. |