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AN ACT
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relating to the right of an insured to enter into a contract with a |
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public insurance adjuster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 4102, Insurance Code, is |
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amended by adding Section 4102.007 to read as follows: |
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Sec. 4102.007. RIGHT TO CONTRACT WITH LICENSE HOLDER. (a) |
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Notwithstanding Sections 4001.002 and 4102.002, this section |
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applies to a commercial or residential property insurance policy |
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issued by an insurer, including: |
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(1) a capital stock insurance company; |
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(2) a mutual insurance company; |
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(3) a county mutual insurance company; |
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(4) a Lloyd's plan; |
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(5) a reciprocal or interinsurance exchange; |
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(6) a farm mutual insurance company; and |
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(7) an eligible surplus lines insurer if this state is |
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the insured's home state as defined by Section 981.002. |
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(b) An insurance policy, including any endorsement, to |
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which this section applies may not include a provision that |
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prohibits an insured from contracting with a public insurance |
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adjuster for services provided under this chapter. |
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(c) An insured is not required to enter into a contract |
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described by Subsection (b). |
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SECTION 2. Section 4102.007, Insurance Code, as added by |
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this Act, applies only to an insurance policy delivered, issued for |
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delivery, or renewed on or after January 1, 2024. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1706 was passed by the House on April |
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14, 2023, by the following vote: Yeas 142, Nays 1, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1706 on May 15, 2023, by the following vote: Yeas 143, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1706 was passed by the Senate, with |
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amendments, on May 10, 2023, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |