This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  H.B. No. 1074
 
 
 
 
AN ACT
  relating to construction of certain laws prohibiting
  discrimination, distinctions, inducements, rebates, and certain
  other conduct related to property and casualty insurance.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 1806, Insurance Code, is
  amended by adding Section 1806.002 to read as follows:
         Sec. 1806.002.  CONSTRUCTION OF CERTAIN PROVISIONS;
  SERVICES RELATED TO LOSS CONTROL. (a) Nothing in Section 1806.053,
  1806.054, 1806.059, 1806.104, 1806.1041, 1806.153, 1806.1541, or
  1806.156 may be construed as:
               (1)  permitting an unfair method of competition or a
  false, misleading, or deceptive act or practice under Section
  17.46, Business & Commerce Code; or
               (2)  prohibiting an insurer or an insurer's agent from
  offering or giving to an insured or applicant, for free or at a
  discounted price in a manner that is not unfairly discriminatory to
  insureds or applicants of the same class and of essentially the same
  hazard, services or other offerings not specified in the insurance
  policy that relate to loss control of the risks covered under the
  policy, subject to Subsection (b).
         (b)  The cost to the insurer or the insurer's agent offering
  the product or service to any given customer must be reasonable in
  comparison to that customer's premiums or insurance coverage for
  the policy class.
         (c)  Other than for purposes related to loss control of risks
  covered under the policy, the insurer or insurer's agent offering
  the product or service may not provide to another person any data or
  other information obtained about the customer from or in connection
  with the product or service.
         (d)  The commissioner may adopt rules as necessary to
  implement this section.
         SECTION 2.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1074 was passed by the House on April
  14, 2023, by the following vote:  Yeas 142, Nays 1, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1074 was passed by the Senate on May
  17, 2023, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor