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AN ACT
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relating to the regulation of insurance adjusters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4101.002(a), Insurance Code, is amended |
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to read as follows: |
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(a) This chapter does not apply to: |
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(1) an attorney who: |
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(A) adjusts insurance losses periodically and |
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incidentally to the practice of law; and |
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(B) does not represent that the attorney is an |
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adjuster; |
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(2) a salaried employee of an insurer who is not |
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regularly engaged in the adjustment, investigation, or supervision |
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of insurance claims; |
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(3) a person employed only to furnish technical |
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assistance to a licensed adjuster, including: |
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(A) an attorney; |
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(B) an engineer; |
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(C) an estimator; |
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(D) a handwriting expert; |
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(E) a photographer; and |
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(F) a private detective; |
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(4) an agent or general agent of an authorized insurer |
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who processes an undisputed or uncontested loss for the insurer |
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under a policy issued by the agent or general agent; |
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(5) a person who performs clerical duties and does not |
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negotiate with parties to disputed or contested claims; |
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(6) a person who handles claims arising under life, |
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accident, and health insurance policies; |
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(7) a person: |
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(A) who is employed principally as: |
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(i) a right-of-way agent; or |
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(ii) a right-of-way and claims agent; |
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(B) whose primary responsibility is the |
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acquisition of easements, leases, permits, or other real property |
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rights; and |
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(C) who handles only claims arising out of |
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operations under those easements, leases, permits, or other |
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contracts or contractual obligations; |
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(8) an individual who is employed to investigate |
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suspected fraudulent insurance claims but who does not adjust |
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losses or determine claims payments; |
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(9) a public insurance adjuster licensed under Chapter |
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4102; [or] |
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(10) an individual who: |
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(A) collects claim information from, or |
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furnishes claim information to, an insured or claimant and enters |
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data into an automated claims adjudication system; and |
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(B) is employed by a licensed independent |
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adjuster or its affiliate under circumstances in which no more than |
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25 individuals performing duties described by Paragraph (A) are |
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supervised by a single licensed independent adjuster or a single |
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licensed agent; or |
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(11) an individual employed by an insurer or an |
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affiliate of the insurer who adjusts a loss not to exceed $500, or |
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authorizes a payment on a claim for a loss for which there is a |
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specified coverage limit of $500 or less, arising from a |
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first-party claim under a property and casualty insurance policy. |
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SECTION 2. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 718 passed the Senate on |
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April 19, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 718 passed the House on |
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May 19, 2017, by the following vote: Yeas 144, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |