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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that: |
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(1) there is an explosion in property insurance |
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litigation, often related to hail claims, that has created a |
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property insurance crisis for consumers that must be addressed for |
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the benefit of consumers; |
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(2) the property insurance crisis, if left unchecked, |
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will severely affect the availability and affordability of property |
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insurance for consumers, including coverage for hail claims, to the |
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detriment of consumers; |
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(3) this Act will help consumers who currently |
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sometimes barely qualify for home loans, or may be unable to qualify |
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for those loans, because of the increase in the cost of insurance |
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attributable to hail claims litigation; |
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(4) this Act will help consumers by: |
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(A) preventing further disruption of the |
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insurance market and erosion in the availability of property |
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insurance caused by hail claims litigation as have already been |
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seen in certain parts of the state in which carriers have withdrawn |
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from geographical markets and stopped offering insurance to |
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consumers; |
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(B) preventing an increase in future premiums |
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caused by the losses attributable to hail claims litigation; |
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(C) preventing an increase in deductibles in |
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property insurance policies attributable to hail claims |
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litigation; |
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(D) reducing the incentives to those |
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unscrupulous public adjusters, roofers, contractors, and lawyers |
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who provide fraudulent or inflated estimates and claims in the name |
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of consumers; |
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(E) requiring lawyers to make sure the consumers |
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have actual awareness of the claims being submitted on behalf of the |
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consumers; |
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(F) requiring lawyers to inform consumers that |
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lawsuits are being filed in the name of the consumers; |
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(G) requiring public adjusters, roofers, |
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contractors, and lawyers to disclose their actual relationships to |
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one another, which currently may not be disclosed; |
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(H) ensuring that each consumer in fact knows the |
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damages the consumer is seeking in any claim or lawsuit that is |
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filed; |
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(I) reducing instances of fraud or |
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misinformation in the preparation and submission of property |
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insurance claims and the filing of lawsuits related to those |
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claims; |
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(J) encouraging consumers and those who act on |
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behalf of consumers to diligently identify and pursue claims so |
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consumers are not faced with insurance carrier assertions that |
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policyholder claims are filed too late and can, as a result, be |
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declined; and |
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(K) providing insurance policyholders a |
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transparent and fair appraisal process to resolve disputes with |
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insurance carriers without the need of expensive, risky, and |
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time-consuming lawsuits, while maintaining consumers' rights to |
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pursue lawsuits against carriers, if necessary; |
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(5) this Act will help deter corruption of the law and |
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will help restore respect for the law by preventing rampant |
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solicitation of fraudulent or non-meritorious claims and the filing |
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of fraudulent, inflated, or otherwise non-meritorious claims; and |
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(6) this Act will help prevent disruption and |
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dislocation in the real estate and financial markets by deterring |
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abusive lawsuits that make property and casualty insurance |
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unaffordable or unavailable to many Texans, resulting in artificial |
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costs and barriers to the sale and rental of improved real estate |
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properties and the placement of loans on those properties. |
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SECTION 2. Section 541.060, Insurance Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A bona fide dispute as to whether an insurer is liable |
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for a claim made under an insurance policy covering real property or |
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improvements to real property does not constitute an unfair |
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settlement practice under this section. |
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SECTION 3. Section 541.151, Insurance Code, is amended to |
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read as follows: |
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Sec. 541.151. PRIVATE ACTION FOR ACTUAL DAMAGES AUTHORIZED. |
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Except as provided by Section 541.1511, a [A] person who sustains |
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actual damages may bring an action against another person for those |
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damages caused by the other person engaging in an act or practice: |
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(1) defined by Subchapter B to be an unfair method of |
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competition or an unfair or deceptive act or practice in the |
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business of insurance; or |
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(2) specifically enumerated in Section 17.46(b), |
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Business & Commerce Code, as an unlawful deceptive trade practice |
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if the person bringing the action shows that the person relied on |
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the act or practice to the person's detriment. |
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SECTION 4. Subchapter D, Chapter 541, Insurance Code, is |
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amended by adding Section 541.1511 to read as follows: |
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Sec. 541.1511. ACTION RELATING TO CLAIM FOR PROPERTY |
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DAMAGE: INSURER ELECTION FOR LEGAL RESPONSIBILITY FOR ACTIONS OF |
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AGENTS AND EMPLOYEES. (a) This section applies only to an action |
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brought by an insured relating to or arising from a claim made under |
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an insurance policy for damage to or loss of real property or |
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tangible personal property alleged to be covered by the policy. |
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(b) An insured seeking damages in an action to which this |
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section applies may not file or maintain an action under this |
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subchapter against an employee, agent, representative, or adjuster |
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issuing policies, handling claims, or performing other acts on |
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behalf of an insurer, and any such action shall be immediately |
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dismissed, if: |
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(1) the employee, agent, representative, or adjuster |
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was not named in a notice given under Section 541.1541; or |
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(2) not later than the 30th day after the date the |
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notice given under Section 541.1541 is received, the insurer agrees |
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in a document provided to the insured to be liable for any act or |
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omission of the employee, agent, representative, or adjuster |
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related to or arising out of the insured's claim. |
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(c) A dismissal under Subsection (b)(1) and agreement under |
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Subsection (b)(2) do not limit the insurer's liability and do not |
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limit the insurer's vicarious liability for any act or omission of |
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the employee, agent, representative, or adjuster related to or |
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arising out of the insured's claim. |
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SECTION 5. The heading to Section 541.152, Insurance Code, |
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is amended to read as follows: |
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Sec. 541.152. ACTUAL DAMAGES, ATTORNEY'S FEES, AND OTHER |
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RELIEF. |
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SECTION 6. The heading to Section 541.154, Insurance Code, |
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is amended to read as follows: |
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Sec. 541.154. PRIOR NOTICE OF ACTION OTHER THAN ACTION |
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RELATING TO CLAIM FOR PROPERTY DAMAGE. |
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SECTION 7. Section 541.154(a), Insurance Code, is amended |
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to read as follows: |
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(a) Except as provided by Section 541.1541, a [A] person |
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seeking damages in an action against another person under this |
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subchapter must provide written notice to the other person not |
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later than the 61st day before the date the action is filed. |
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SECTION 8. Subchapter D, Chapter 541, Insurance Code, is |
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amended by adding Section 541.1541 to read as follows: |
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Sec. 541.1541. PRIOR NOTICE OF ACTION RELATING TO CLAIM FOR |
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PROPERTY DAMAGE. (a) This section applies only to an action |
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brought by an insured relating to or arising from a claim made under |
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an insurance policy for damage to or loss of real property or |
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tangible personal property alleged to be covered by the policy. |
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(b) An insured seeking damages in an action to which this |
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section applies must provide written notice complying with this |
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section to all potential defendants not later than the 61st day |
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before the date the action is filed. |
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(c) If the amount sought by the insured in the action |
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involves a claim for damage items previously submitted to an |
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insurer, the notice must be signed by the insured and state: |
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(1) the specific damage items and the amount alleged |
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to be owed by the insurer under the insurance contract; |
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(2) the amount of the actual damages, other damages, |
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interest, and expenses, specifically stated for each item, that the |
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insured alleges are owed by the insurer; |
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(3) the amount of attorney's fees the insured |
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reasonably has incurred as of the date the notice is given in |
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asserting the claim against the insurer; |
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(4) an amount that includes the amounts described by |
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Subdivisions (1) through (3) that the insured will accept in full |
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and final satisfaction of the claim; and |
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(5) the name of every person to whom notice is given |
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under this section and a brief description of each person's |
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relationship to the insured's claim. |
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(d) If the amount sought by the insured in the action |
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involves a claim for damage items not previously submitted to the |
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insurer, the notice must contain, in addition to the items listed in |
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Subsection (c): |
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(1) a statement of the reason the damage items were not |
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previously submitted to the insurer; |
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(2) copies of reports, estimates, photographs, and |
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other items reasonably supporting the insured's additional damage |
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items; and |
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(3) a statement that the insured will cooperate in |
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allowing the insurer to inspect the insured property for purposes |
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of investigating the additional damage items. |
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(e) Notice required by this section must be sent to the |
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insurer by certified mail, return receipt requested. |
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(f) A presuit notice under this section is not required if |
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giving notice is impracticable because the action: |
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(1) must be filed to prevent the statute of |
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limitations from expiring; or |
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(2) is asserted as a counterclaim. |
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SECTION 9. Section 541.155, Insurance Code, is amended to |
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read as follows: |
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Sec. 541.155. ABATEMENT; DISMISSAL. (a) A person against |
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whom an action under this subchapter is pending who does not receive |
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[the] notice as required by Section 541.154 or 541.1541(c) may file |
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a plea in abatement not later than the 30th day after the date the |
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person files an original answer in the court in which the action is |
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pending. |
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(b) The court shall abate the action if, after a hearing, |
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the court finds that the person is entitled to an abatement because |
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the claimant did not provide [the] notice as required by Section |
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541.154 or 541.1541(c). |
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(c) An action is automatically abated without a court order |
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beginning on the 11th day after the date a plea in abatement is |
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filed if the plea: |
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(1) is verified and alleges that the person against |
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whom the action is pending did not receive [the] notice as required |
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by Section 541.154 or 541.1541(c); and |
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(2) is not controverted by an affidavit filed by the |
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claimant before the 11th day after the date the plea in abatement is |
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filed. |
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(d) An abatement under this section continues until the 60th |
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day after the date notice is provided in compliance with Section |
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541.154 or 541.1541(c). |
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(d-1) A person against whom an action under this subchapter |
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is pending who does not receive notice as required by Section |
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541.1541(d) may file a motion to dismiss not later than the 30th day |
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after the date the person files an original answer in the court in |
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which the action is pending. |
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(d-2) The court shall grant the motion under Subsection |
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(d-1) if, after a hearing, the court finds that the person is |
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entitled to dismissal because the claimant did not provide notice |
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as required by Section 541.1541(d). A dismissal ordered under this |
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section is without prejudice to the rights of the parties in a |
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subsequent action. |
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(e) Subsections (d-1) and (d-2) do [This section does] not |
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apply if Section 541.1541(f) [541.154(c)] applies. If Section |
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541.1541(f) applies, the action may not be dismissed but shall be |
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abated in accordance with Subsections (b), (c), and (d). |
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SECTION 10. Section 542.058(b), Insurance Code, is amended |
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to read as follows: |
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(b) Subsection (a) does not apply in a case in which it is |
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found as a result of arbitration or litigation that: |
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(1) a claim received by an insurer is invalid and |
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should not be paid by the insurer; or |
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(2) there exists a bona fide dispute in a claim made |
|
under an insurance policy covering real property or improvements to |
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real property as to the insurer's liability for payment of the |
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claim. |
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SECTION 11. Subchapter B, Chapter 542, Insurance Code, is |
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amended by adding Section 542.0595 to read as follows: |
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Sec. 542.0595. PRIOR NOTICE OF ACTION RELATING TO CLAIM FOR |
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PROPERTY DAMAGE; ABATEMENT OR DISMISSAL. (a) An insured may not |
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bring suit under Section 542.060 in connection with a claim made |
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under an insurance policy for damage to or loss of real property or |
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tangible personal property unless the insured has provided written |
|
notice to the insurer with respect to the claim in accordance with |
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Section 541.1541. |
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(b) A suit under Section 542.060 for which notice is |
|
required by this section is subject to abatement or dismissal to the |
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same extent and in the same manner provided by Section 541.155 for |
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an action under Subchapter D, Chapter 541. |
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SECTION 12. Section 542.060, Insurance Code, is amended to |
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read as follows: |
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Sec. 542.060. LIABILITY FOR VIOLATION OF SUBCHAPTER. |
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(a) If an insurer that is liable for a claim under an insurance |
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policy is not in compliance with this subchapter, the insurer is |
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liable to pay the holder of the policy or the beneficiary making the |
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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 |
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a year as damages, together with reasonable attorney's fees. |
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(a-1) In determining the amount of attorney's fees awarded |
|
under Subsection (a), the trier of fact shall consider: |
|
(1) the time and labor required, the novelty and |
|
difficulty of the questions involved, and the skill requisite to |
|
perform the legal service properly; |
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(2) the likelihood, if apparent to the claimant, that |
|
the acceptance of the particular employment will preclude other |
|
employment by the attorney; |
|
(3) the fee customarily charged in the locality for |
|
similar legal services; |
|
(4) the amount involved and the results obtained; |
|
(5) the time limitations imposed by the claimant or by |
|
the circumstances; |
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(6) the nature and length of the professional |
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relationship with the claimant; |
|
(7) the experience, reputation, and ability of the |
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attorney performing the services; and |
|
(8) whether the fee is fixed or contingent on results |
|
obtained or uncertainty of collection before the legal services |
|
have been rendered. |
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(a-2) An attorney may not share attorney's fees awarded |
|
under Subsection (a) with the claimant. If a court finds that an |
|
attorney has violated this subsection, the court shall order the |
|
attorney to pay a penalty in an amount equal to two times the amount |
|
shared with the claimant. A penalty under this section is payable |
|
to the court. |
|
(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. |
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(c) The liability for interest and attorney's fees provided |
|
by this section is 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. |
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(d) If a claim for a loss has been paid by the insurer and a |
|
suit under this section arises out of a supplemental claim for that |
|
loss, interest awarded under this section on the supplemental claim |
|
begins to accrue on the 60th day after the date the insurer receives |
|
notice of the supplemental claim. |
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SECTION 13. Subchapter B, Chapter 542, Insurance Code, is |
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amended by adding Section 542.0601 to read as follows: |
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Sec. 542.0601. LIABILITY WITH RESPECT TO CERTAIN CLAIMS. |
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An insurer is not liable under Section 542.060 with respect to a |
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claim made under an insurance policy covering real property or |
|
improvements to real property if the claim is resolved through |
|
appraisal in accordance with the terms of the policy. |
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SECTION 14. Subtitle A, Title 10, Insurance Code, is |
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amended by adding Chapters 1808 and 1809 to read as follows: |
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CHAPTER 1808. CLAIMS FOR PROPERTY DAMAGE |
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Sec. 1808.001. DEFINITION. In this chapter, "claim for |
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property damage" means a request for payment under an insurance |
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policy for damage to or loss of real property or tangible personal |
|
property alleged to be covered by the policy. |
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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 eligible surplus lines insurer or by an insurance company, |
|
reciprocal or interinsurance exchange, mutual insurance company, |
|
capital stock insurance company, county mutual insurance company, |
|
farm mutual insurance company, Lloyd's plan, or other legal entity |
|
authorized to write property insurance in this state. |
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Sec. 1808.003. CLAIM FILING PERIOD. (a) Subject to |
|
Subsection (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. |
|
(b) Subject to Subsection (c), the commissioner, using |
|
existing resources, may on a showing of good cause extend the |
|
deadline for providing notice of a claim prescribed by Subsection |
|
(a). |
|
(c) The extension of a deadline under Subsection (b) may not |
|
exceed 120 days. |
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(d) For the purposes of Subsection (b), "good cause" |
|
includes military deployment. |
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(e) 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. |
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CHAPTER 1809. APPRAISAL PROCESS FOR CERTAIN POLICIES |
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Sec. 1809.001. NOTICE OF APPRAISAL PROVISIONS; APPRAISER |
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SELECTION PROCESS. (a) If an insurance policy covering real |
|
property or improvements to real property contains a provision |
|
allowing resolution of a dispute through appraisal, the policy must |
|
contain, in boldface type, a conspicuous notice concerning the |
|
resolution of disputes through the appraisal process, including: |
|
(1) the processes and deadlines for appraisal; and |
|
(2) the binding effect, if any, of the appraisal |
|
decision. |
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(b) The appraisal process must provide and the notice |
|
required by this section must inform the insured that: |
|
(1) if the appraisal process is invoked, the insured |
|
and insurer each will be required to name an appraiser, and those |
|
two appraisers must agree on a competent and impartial appraisal |
|
umpire to participate in the resolution of the dispute; and |
|
(2) if the appraisers named by the insured and insurer |
|
are unable to agree for any reason on a competent and impartial |
|
appraisal umpire to participate in the resolution of the dispute, |
|
the commissioner will select a competent and impartial appraisal |
|
umpire from a roster of qualified umpires maintained by the |
|
department. |
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Sec. 1809.002. APPRAISAL AWARD. An appraisal award made |
|
under a policy covering real property or improvements to real |
|
property must be consistent with the coverage, conditions, and |
|
limits provided by the policy and must account for any prior |
|
payments and applicable deductible amounts. |
|
SECTION 15. Section 4102.051(a), Insurance Code, is amended |
|
to read as follows: |
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(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
|
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certificate] issued by the commissioner under Section 4102.053 |
|
or[,] 4102.054[, or 4102.069]. |
|
SECTION 16. Sections 4102.066(a) and (b), Insurance Code, |
|
are 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]. |
|
(b) The amount of the fee for the renewal of a license [or a
|
|
certificate] issued under this chapter shall be determined by rule |
|
by the commissioner. |
|
SECTION 17. 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 customarily |
|
provided by a licensed public insurance adjuster for the insured. |
|
SECTION 18. 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 19. 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 deriving any direct or indirect financial |
|
benefit from, 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 directly or indirectly solicit, |
|
as described by Chapter 38, Penal Code, employment for an attorney |
|
or enter into a contract with an insured for the primary purpose of |
|
referring an insured to an attorney and without the intent to |
|
actually perform the services customarily provided by a licensed |
|
public insurance adjuster. This section may not be construed to |
|
prohibit a license holder from recommending a particular attorney |
|
to an insured. |
|
(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 20. 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 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
|
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the license holder]. |
|
SECTION 21. 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 22. 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 23. 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;] |
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(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 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 24. Section 4102.069, Insurance Code, is repealed. |
|
SECTION 25. 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 26. 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 27. 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 28. Chapter 1809, Insurance Code, as added by this |
|
Act, applies only to an insurance policy delivered, issued for |
|
delivery, or renewed on or after January 1, 2016. |
|
SECTION 29. 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 30. Sections 4102.103(d) and 4102.158(d), |
|
Insurance Code, as added by this Act, apply only to a contract |
|
entered into or solicitation made on or after the effective date of |
|
this Act. |
|
SECTION 31. (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 32. 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 33. 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 34. This Act takes effect September 1, 2015. |