81R138 PB-F
By: Jackson H.B. No. 211
A BILL TO BE ENTITLED
AN ACT
relating to an exemption from public insurance adjuster license
requirements for certain persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4102.002, Insurance Code, is amended to
read as follows:
Sec. 4102.002. GENERAL EXEMPTIONS. This chapter does not
apply to:
(1) an officer or employee of the federal or state
government or of a political subdivision of the state government
while the officer or employee is engaged in the performance of
official duties;
(2) an attorney engaged in the performance of the
attorney's professional duties;
(3) insurers admitted to do business in the state and
agents licensed by this state, engaged in the performance of their
duties in connection with insurance transactions;
(4) the legal owner of personal property that has been
sold under a conditional sales agreement or a mortgagee under the
terms of a chattel mortgage;
(5) a salaried office employee who performs
exclusively clerical or administrative duties attendant to the
disposition of the business regulated by this chapter;
(6) a photographer, estimator, appraiser, engineer,
or arbitrator employed by a public insurance adjuster exclusively
for the purpose of furnishing technical assistance to the licensed
public insurance adjuster;
(7) a private investigator licensed under Chapter
1702, Occupations Code, while acting within the scope of that
license; [or]
(8) a full-time salaried employee of a property owner
or a property management company retained by a property owner who:
(A) does not hold the employee out as:
(i) a public insurance adjuster; or
(ii) a building, roofing, or other
restoration contractor;
(B) has not been hired to handle a specific claim
resulting from a fire or casualty loss; and
(C) acts at the sole discretion of the property
owner or management company regarding a claim related to the
owner's property; or
(9) a person, or an employee of the person, who, solely
for or on behalf of any federally regulated mortgagee or entity that
services the mortgagee's loans:
(A) files, adjusts, investigates, or processes
property insurance claims; or
(B) conducts or reviews property inspections in
conjunction with those property insurance claims.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.