What the Hail is Going on in Texas – Part 4 – Insurers have introduced 84(R) HB 3646 Absolution for Insurance Employees who break the Law… Public Adjuster’s Blog
I am getting the info out there. Rest assured, we will address the entire thing, but here is the actual proposed bill.
Link to 84(R) HB 3646
Other links on the previously proposed changes. I have addressed the issue in Part 1, however, now that we have a more specific agenda, we will delve deeper into a breakdown of the proposed changes. Not all of them are bad, but the majority, yes. Bad for consumers.
What the Hail….is Really Going on in Texas – Part 1
What the Hail….is Really Going on in Texas – Part 2
What the Hail….is Really Going on in Texas – Part 3

An Actual Sign to Hire Adjusters for Insurance Companies After ONLY 4 DAYS of Training. This is the person you will see when you call in a loss….with four days of training……
84R12055 AJA-D | ||
By: Smithee | H.B. No. 3646 |
relating to insurance claims and certain prohibited acts and | ||
practices in or in relation to the business of insurance; amending | ||
provisions that are or may be subject to a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 541.002(2), Insurance Code, is amended | ||
to read as follows: | ||
(2) “Person” means an individual, corporation, | ||
association, partnership, reciprocal or interinsurance exchange, | ||
Lloyd’s plan, fraternal benefit society, or other legal entity | ||
engaged in the business of insurance, including an agent, broker, | ||
[ |
||
not include an individual employed by an insurer as an adjuster or a | ||
third-party individual or entity engaged by an insurer to provide | ||
adjusting, estimating, consulting, engineering, or other services | ||
related to the insurer’s adjustment of a claim. | ||
SECTION 2. Section 541.060, Insurance Code, is amended by | ||
amending Subsection (a) and adding Subsection (c) to read as | ||
follows: | ||
(a) It is an unfair method of competition or an unfair or | ||
deceptive act or practice in the business of insurance for a person | ||
to engage in the following unfair settlement practices with respect | ||
to a claim by an insured or beneficiary: | ||
(1) misrepresenting to a claimant a material fact or | ||
policy provision relating to coverage at issue; | ||
(2) failing to attempt in good faith to effectuate a | ||
prompt, fair, and equitable settlement of: | ||
(A) a claim with respect to which the insurer’s | ||
liability has become reasonably clear; or | ||
(B) a claim under one portion of a policy with | ||
respect to which the insurer’s liability has become reasonably | ||
clear to influence the claimant to settle another claim under | ||
another portion of the coverage unless payment under one portion of | ||
the coverage constitutes evidence of liability under another | ||
portion; | ||
(3) failing to promptly provide to a policyholder a | ||
reasonable explanation of the basis in the policy, in relation to | ||
the facts or applicable law, for the insurer’s denial of a claim or | ||
offer of a compromise settlement of a claim; | ||
(4) failing within a reasonable time to: | ||
(A) affirm or deny coverage of a claim to a | ||
policyholder; or | ||
(B) submit a reservation of rights to a | ||
policyholder; | ||
(5) refusing, failing, or unreasonably delaying a | ||
settlement offer under applicable first-party coverage on the basis | ||
that other coverage may be available or that third parties are | ||
responsible for the damages suffered, except as may be specifically | ||
provided in the policy; | ||
(6) undertaking to enforce a full and final release of | ||
a claim from a policyholder when only a partial payment has been | ||
made, unless the payment is a compromise settlement of a doubtful or | ||
disputed claim; | ||
(7) refusing to pay a claim without conducting a | ||
reasonable investigation with respect to the claim; | ||
(8) with respect to a Texas personal automobile | ||
insurance policy, delaying or refusing settlement of a claim solely | ||
because there is other insurance of a different kind available to | ||
satisfy all or part of the loss forming the basis of that claim; or | ||
(9) requiring a claimant as a condition of settling a | ||
claim to produce the claimant’s federal income tax returns for | ||
examination or investigation by the person unless: | ||
(A) a court orders the claimant to produce those | ||
tax returns; | ||
(B) the claim involves a fire loss; or | ||
(C) the claim involves lost profits or income. | ||
(c) An insurer is solely responsible for any violation of | ||
Subsection (a) by: | ||
(1) an individual employed by the insurer as an | ||
adjuster; or | ||
(2) a third-party individual or entity engaged by the | ||
insurer to provide adjusting, estimating, consulting, engineering, | ||
or other services related to the insurer’s adjustment of a claim. | ||
SECTION 3. Section 541.061, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 541.061. MISREPRESENTATION OF INSURANCE POLICY. (a) | ||
It is an unfair method of competition or an unfair or deceptive act | ||
or practice in the business of insurance for a person to | ||
misrepresent an insurance policy by: | ||
(1) making an untrue statement of material fact; | ||
(2) failing to state a material fact necessary to make | ||
other statements made not misleading, considering the | ||
circumstances under which the statements were made; | ||
(3) making a statement in a manner that would mislead a | ||
reasonably prudent person to a false conclusion of a material fact; | ||
(4) making a material misstatement of law; or | ||
(5) failing to disclose a matter required by law to be | ||
disclosed, including failing to make a disclosure in accordance | ||
with another provision of this code. | ||
(b) An insurer is solely responsible for any violation of | ||
Subsection (a) by: | ||
(1) an individual employed by the insurer as an | ||
adjuster; or | ||
(2) a third-party individual or entity engaged by the | ||
insurer to provide adjusting, estimating, consulting, engineering, | ||
or other services related to the insurer’s adjustment of a claim. | ||
SECTION 4. Section 541.151, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 541.151. PRIVATE ACTION FOR ACTUAL DAMAGES AUTHORIZED. | ||
(a) A person who sustains actual damages may bring an action against | ||
another person for those damages caused by the other person | ||
engaging in an act or practice: | ||
(1) defined by Subchapter B to be an unfair method of | ||
competition or an unfair or deceptive act or practice in the | ||
business of insurance; or | ||
(2) specifically enumerated in Section 17.46(b), | ||
Business & Commerce Code, as an unlawful deceptive trade practice | ||
if the person bringing the action shows that the person relied on | ||
the act or practice to the person’s detriment. | ||
(b) For purposes of this subchapter, “actual damages” means | ||
an injury independent of the harm resulting from the insurer’s | ||
denial of policy benefits. The policy benefits wrongfully | ||
withheld, as well as any attorney’s fees or costs incurred to | ||
recover those policy benefits, do not constitute “actual damages” | ||
for purposes of this section. | ||
(c) An insurer is solely responsible for any violation of | ||
Subsection (a) by: | ||
(1) an individual employed by the insurer as an | ||
adjuster; or | ||
(2) a third-party individual or entity engaged by the | ||
insurer to provide adjusting, estimating, consulting, engineering, | ||
or other services related to the insurer’s adjustment of a claim. | ||
SECTION 5. The heading to Section 541.152, Insurance Code, | ||
is amended to read as follows: | ||
Sec. 541.152. ACTUAL DAMAGES, ATTORNEY’S FEES, AND OTHER | ||
RELIEF. | ||
SECTION 6. Section 541.154, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 541.154. PRIOR NOTICE OF ACTION. (a) An insured [ |
||
insurer [ |
||
the action is filed. | ||
(b) If the amount sought by the insured in the action | ||
involves a claim for damage items previously submitted to the | ||
insurer, the [ |
||
(1) a sworn statement signed by the insured stating | ||
the specific damage items and the amount alleged to be owed by the | ||
insurer [ |
||
(2) the amount of the [ |
||
asserting the claim against the insurer; and | ||
(3) a stated amount that includes the amounts | ||
described by Subdivisions (1) and (2) that the insured will accept | ||
in full and final satisfaction of the claim [ |
||
(b-1) If the amount sought by the insured in the action | ||
involves a claim for damage items not previously submitted to the | ||
insurer, the notice must contain: | ||
(1) a sworn statement signed by the insured stating | ||
the specific damage items, the amount alleged to be owed by the | ||
insured, and the reason the damage items were not previously | ||
submitted to the insurer; | ||
(2) copies of reports, estimates, photographs, and | ||
other items reasonably supporting the insured’s additional damage | ||
items; | ||
(3) a statement that the insured will cooperate in | ||
allowing the insurer to inspect the insured property for purposes | ||
of investigating the additional damage items; | ||
(4) the amount of the attorney’s fees the insured | ||
reasonably incurred in asserting the claim against the insurer; and | ||
(5) a stated amount that includes the amounts | ||
described by Subdivisions (1) and (4) that the insured will accept | ||
in full and final satisfaction of the claim. | ||
(b-2) Notice required by this section must be sent to the | ||
insurer by certified mail, return receipt requested. | ||
(c) Notice under this section [ |
||
if giving notice is impracticable because the action: | ||
(1) must be filed to prevent the statute of | ||
limitations from expiring; or | ||
(2) is asserted as a counterclaim. | ||
SECTION 7. Section 541.155, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 541.155. ABATEMENT; DISMISSAL. (a) A person against | ||
whom an action under this subchapter is pending who does not receive | ||
[ |
||
plea in abatement not later than the 30th day after the date the | ||
person files an original answer in the court in which the action is | ||
pending. | ||
(b) The court shall abate the action if, after a hearing, | ||
the court finds that the person is entitled to an abatement because | ||
the claimant did not provide [ |
||
541.154(b) [ |
||
(c) An action is automatically abated without a court order | ||
beginning on the 11th day after the date a plea in abatement is | ||
filed if the plea: | ||
(1) is verified and alleges that the person against | ||
whom the action is pending did not receive [ |
||
by Section 541.154(b) [ |
||
(2) is not controverted by an affidavit filed by the | ||
claimant before the 11th day after the date the plea in abatement is | ||
filed. | ||
(d) An abatement under this section continues until the 60th | ||
day after the date notice is provided in compliance with Section | ||
541.154(b) [ |
||
(d-1) A person against whom an action under this subchapter | ||
is pending who does not receive notice as required by Section | ||
541.154(b-1) may file a motion to dismiss not later than the 30th | ||
day after the date the person files an original answer in the court | ||
in which the action is pending. | ||
(d-2) The court shall grant the motion under Subsection | ||
(d-1) if, after a hearing, the court finds that the person is | ||
entitled to dismissal because the claimant did not provide notice | ||
as required by Section 541.154(b-1). | ||
(e) Subsections (d-1) and (d-2) do [ |
||
apply if Section 541.154(c) applies. If Section 541.154(c) | ||
applies, the action may not be dismissed but shall be abated in | ||
accordance with Subsections (b), (c), and (d). | ||
SECTION 8. Section 542.053, Insurance Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) This subchapter is not intended to create any right of | ||
action against an individual employed by an insurer as an adjuster | ||
or a third-party individual or entity engaged by an insurer to | ||
provide adjusting, estimating, consulting, engineering, or other | ||
services related to the insurer’s adjustment of a claim. An insurer | ||
listed in Section 542.052 is solely responsible under this | ||
subchapter for an action of an individual employed by the insurer as | ||
an adjuster or a third-party individual or entity engaged by the | ||
insurer to provide adjusting, estimating, consulting, engineering, | ||
or other services related to the insurer’s adjustment of a claim. | ||
SECTION 9. Subchapter B, Chapter 542, Insurance Code, is | ||
amended by adding Section 542.0595 to read as follows: | ||
Sec. 542.0595. PRIOR NOTICE OF ACTION; ABATEMENT OR | ||
DISMISSAL. (a) An insured may not bring suit under Section 542.060 | ||
in connection with a claim for property damage or loss unless the | ||
insured has provided written notice to the insurer with respect to | ||
the claim in accordance with Section 541.154. | ||
(b) A suit under Section 542.060 is subject to abatement or | ||
dismissal to the same extent and in the same manner provided by | ||
Section 541.155 for an action under Subchapter D, Chapter 541. | ||
SECTION 10. Section 542.060, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 542.060. LIABILITY FOR VIOLATION OF SUBCHAPTER. (a) | ||
If an insurer that is liable for a claim under an insurance policy | ||
knowingly fails to act [ |
||
the insurer is liable to pay the holder of the policy or the | ||
beneficiary making the 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 a year as damages, together with reasonable | ||
attorney’s fees. | ||
(a-1) For purposes of Subsection (a), an insurer knowingly | ||
fails to act in compliance with this subchapter only if the insurer | ||
is actually aware of the insurer’s failure to pay a claim for which | ||
the insurer is liable. There is no liability under this section for | ||
a claim with respect to which there is a bona fide dispute as to | ||
whether the insurer is liable. | ||
(b) If a suit is filed, interest and [ |
||
payable under this section shall be taxed as part of the costs in | ||
the case. | ||
(c) The liability for interest and attorney’s fees provided | ||
by this section are 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. | ||
SECTION 11. Subchapter B, Chapter 542, Insurance Code, is | ||
amended by adding Section 542.0601 to read as follows: | ||
Sec. 542.0601. LIABILITY WITH RESPECT TO CERTAIN CLAIMS. | ||
An insurer is not liable under Section 542.060 with respect to: | ||
(1) a claim received by the insurer if it is determined | ||
through arbitration, litigation, or another dispute resolution | ||
process that the claim: | ||
(A) is not covered under the insurance policy; | ||
(B) was properly rejected; | ||
(C) is invalid; or | ||
(D) otherwise should not be paid by the insurer; | ||
or | ||
(2) a claim with respect to which an appraisal | ||
process: | ||
(A) is invoked under the terms of the policy: | ||
(i) by the insurer or insured before the | ||
commencement of litigation; | ||
(ii) by the defendant within 60 days after | ||
receiving notice of the commencement of litigation; or | ||
(iii) by the plaintiff after the | ||
commencement of litigation; and | ||
(B) results in a valid, signed award the amount | ||
of which is paid by the insurer not later than the 15th day after the | ||
date the insurer receives the award, consistent with the coverage, | ||
conditions, and limits provided by the policy, minus any prior | ||
payments and any applicable deductible amount. | ||
SECTION 12. Subtitle A, Title 10, Insurance Code, is | ||
amended by adding Chapter 1808 to read as follows: | ||
CHAPTER 1808. CLAIMS FOR PROPERTY DAMAGE | ||
Sec. 1808.001. DEFINITION. In this chapter, “claim for | ||
property damage” means a request for payment under an insurance | ||
policy for damage to or loss of real property or tangible personal | ||
property alleged to be covered by the policy. | ||
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 insurance company, reciprocal or interinsurance exchange, | ||
mutual insurance company, capital stock insurance company, county | ||
mutual insurance company, Lloyd’s plan, or other legal entity | ||
authorized to write property insurance in this state. | ||
Sec. 1808.003. CLAIM FILING PERIOD. (a) A claimant must | ||
give an insurer prompt written notice of a claim for property damage | ||
after property covered under the policy is damaged or lost, but in | ||
no event later than the second anniversary of the date on which the | ||
damage to or loss of property that is the basis of the claim occurs. | ||
(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. | ||
(c) 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. | ||
SECTION 13. Section 4102.051(a), Insurance Code, is amended | ||
to read as follows: | ||
(a) A person may not act as a ![]() ![]() |
||
this state or hold himself or herself out to be a ![]() ![]() |
||
![]() ![]() |
||
certificate issued by the commissioner under Section 4102.053 or | ||
[ |
||
SECTION 14. Section 4102.066(a), Insurance Code, is amended | ||
to read as follows: | ||
(a) The commissioner shall collect in advance the following | ||
nonrefundable fees: | ||
(1) for a ![]() ![]() |
||
application fee in an amount to be determined by rule by the | ||
commissioner; | ||
(2) for a nonresident ![]() ![]() |
||
license, an application fee in an amount to be determined by rule by | ||
the commissioner; and | ||
(3) for each ![]() ![]() |
||
fee in an amount to be determined by rule by the commissioner [ |
||
[![]() ![]() |
||
SECTION 15. 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 of a licensed | ||
![]() ![]() |
||
SECTION 16. Section 4102.104(d), Insurance Code, is amended | ||
to read as follows: | ||
(d) A ![]() ![]() |
||
that violates the provisions of this section [ |
||
SECTION 17. 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, [ |
||
financial interest in, or having any immediate family member own or | ||
operate, 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 enter into a contract with an | ||
insured for the primary purpose of referring the insured to an | ||
attorney and without the intent to actually perform for the insured | ||
the services of a licensed ![]() ![]() |
||
(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 18. 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 contractor, attorney, or any | ||
other person who is not a licensed ![]() ![]() |
||
commission, or other valuable consideration for the referral of an | ||
insured to the ![]() ![]() |
||
the insured entering into a contract with that ![]() ![]() |
||
![]() ![]() |
||
[ |
||
![]() ![]() |
||
SECTION 19. 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 ![]() ![]() |
||
commission, or other valuable consideration of any nature, | ||
regardless of form or amount, in exchange for the referral by a | ||
licensed ![]() ![]() |
||
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 20. 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 [ |
||
SECTION 21. 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 [ |
||
credit, or otherwise cover for any reason [ |
||
[ |
||
deductible or other uninsured amount owed by an insured under the | ||
terms of the policy; [ |
||
[ |
||
(2) [ |
||
[ |
||
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 [ |
||
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 or misleading material 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 [ |
||
(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 [ |
||
(2) knowingly allows a claim in violation of | ||
Subsection (a) [ |
||
promptly notifies the insurer of the conduct in violation of | ||
Subsection (a) [ |
||
SECTION 22. Section 38.12(d), Penal Code, is amended to | ||
read as follows: | ||
(d) A person commits an offense if the person: | ||
(1) is an attorney, chiropractor, physician, surgeon, | ||
![]() ![]() |
||
Insurance Code, or private investigator licensed to practice in | ||
this state or any person licensed, certified, or registered by a | ||
health care regulatory agency of this state; and | ||
(2) with the intent to obtain professional employment | ||
for the person or for another, provides or knowingly permits to be | ||
provided to an individual who has not sought the person’s | ||
employment, legal representation, advice, or care a written | ||
communication or a solicitation, including a solicitation in person | ||
or by telephone, that: | ||
(A) concerns an action for personal injury or | ||
wrongful death or otherwise relates to an accident or disaster | ||
involving the person to whom the communication or solicitation is | ||
provided or a relative of that person and that was provided before | ||
the 31st day after the date on which the accident or disaster | ||
occurred; | ||
(B) concerns a specific matter and relates to | ||
legal representation and the person knows or reasonably should know | ||
that the person to whom the communication or solicitation is | ||
directed is represented by a lawyer in the matter; | ||
(C) concerns a lawsuit of any kind, including an | ||
action for divorce, in which the person to whom the communication or | ||
solicitation is provided is a defendant or a relative of that | ||
person, unless the lawsuit in which the person is named as a | ||
defendant has been on file for more than 31 days before the date on | ||
which the communication or solicitation was provided; | ||
(D) is provided or permitted to be provided by a | ||
person who knows or reasonably should know that the injured person | ||
or relative of the injured person has indicated a desire not to be | ||
contacted by or receive communications or solicitations concerning | ||
employment; | ||
(E) involves coercion, duress, fraud, | ||
overreaching, harassment, intimidation, or undue influence; [ |
||
(F) contains a false, fraudulent, misleading, | ||
deceptive, or unfair statement or claim; or | ||
(G) concerns the proposed adjustment of a | ||
property damage insurance claim and is made by a person other than | ||
the licensed ![]() ![]() |
||
providing the proposed ![]() ![]() |
||
recipient of the communication. | ||
SECTION 23. Section 4102.069, Insurance Code, is repealed. | ||
SECTION 24. 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 25. 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 26. 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 27. 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 28. Sections 4102.103(d) and 4102.158(d), | ||
Insurance Code, as added by this Act, apply only to a contract | ||
entered into on or after the effective date of this Act. | ||
SECTION 29. (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 30. 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 31. 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 32. This Act takes effect September 1, 2015. |
Some good links, with a broad perspective.
Cal Spoon 02/22/15
If you would like to add information to this, feel free to comment below, or contact me through the link at my name.
Here are some good articles and sites where information was obtained.
http://www.calactx.com/2015/02/06/attorneys-insurers-facing-off-over-hail-litigation-in-texas/
http://www.zelle.com/news-events-342.html
http://www.wardlawclaims.com/adjusters/2015-adjuster-conference/
http://www.claimsjournal.com/news/southcentral/2014/12/01/258372.htm This article is very suspicious, simply because we have no facts, yet I believe they found and culminated a good story to appeal to Hispanic Americans and not filing ANY claims.
See some of the damage for yourself: http://www.srh.noaa.gov/bro/?n=2012event_midvalleyhailprelim
http://www.valleycentral.com/news/story.aspx?list=195030&id=878662#.VOCjwPnF-T8
https://www.nicb.org/newsroom/news-releases/hail-damage-claims-in-the-us
http://www.propertycasualty360.com/2013/04/17/top-10-states-for-wind-and-hail-losses
Biased reports, only giving partial facts….. http://www.tala.com/wp-content/uploads/2014/08/HAILSTORM-REPORT.pdf
http://www.propertycasualty360.com/2015/02/04/war-on-hail-declared-in-texas-as-insurers-fight-ex
http://www.law360.com/articles/606208/2014-hail-related-insurance-litigation-year-in-review
http://www.bloomberg.com/apps/news?pid=nw&pname=mm_0907_story1.html
https://www.tpciga.org/faqs.html
http://www.insurancecouncil.org/docs/public/link/SettlingUpAfterIke-galveston-9-13-13.pdf
Legislation in Tennessee attempting to eradicate the very laws similar to those proposed in Texas by Senator Larry Taylor and pushed by Steven J. Badger. They have had a very good taste of this Insurer Friendly type legislation and are actively, with bills on the floor, trying to REMOVE IT!
http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB0453
Another Public Adjusters perspective who lives in a state where they currently have this type of proposed legislation in place. They have the bill listed above introduced and well on its way to passing, TO CHANGE THESE LAWS TO THE ONES TEXAS CURRENTLY HAS IN PLACE.
In other words, they are taking their freedoms back while Texans are being stripped of theirs……No.