| 1 | 1 | | 81R138 PB-F |
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| 2 | 2 | | By: Jackson H.B. No. 211 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an exemption from public insurance adjuster license |
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| 8 | 8 | | requirements for certain persons. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 4102.002, Insurance Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 4102.002. GENERAL EXEMPTIONS. This chapter does not |
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| 13 | 13 | | apply to: |
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| 14 | 14 | | (1) an officer or employee of the federal or state |
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| 15 | 15 | | government or of a political subdivision of the state government |
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| 16 | 16 | | while the officer or employee is engaged in the performance of |
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| 17 | 17 | | official duties; |
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| 18 | 18 | | (2) an attorney engaged in the performance of the |
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| 19 | 19 | | attorney's professional duties; |
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| 20 | 20 | | (3) insurers admitted to do business in the state and |
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| 21 | 21 | | agents licensed by this state, engaged in the performance of their |
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| 22 | 22 | | duties in connection with insurance transactions; |
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| 23 | 23 | | (4) the legal owner of personal property that has been |
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| 24 | 24 | | sold under a conditional sales agreement or a mortgagee under the |
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| 25 | 25 | | terms of a chattel mortgage; |
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| 26 | 26 | | (5) a salaried office employee who performs |
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| 27 | 27 | | exclusively clerical or administrative duties attendant to the |
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| 28 | 28 | | disposition of the business regulated by this chapter; |
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| 29 | 29 | | (6) a photographer, estimator, appraiser, engineer, |
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| 30 | 30 | | or arbitrator employed by a public insurance adjuster exclusively |
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| 31 | 31 | | for the purpose of furnishing technical assistance to the licensed |
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| 32 | 32 | | public insurance adjuster; |
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| 33 | 33 | | (7) a private investigator licensed under Chapter |
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| 34 | 34 | | 1702, Occupations Code, while acting within the scope of that |
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| 35 | 35 | | license; [or] |
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| 36 | 36 | | (8) a full-time salaried employee of a property owner |
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| 37 | 37 | | or a property management company retained by a property owner who: |
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| 38 | 38 | | (A) does not hold the employee out as: |
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| 39 | 39 | | (i) a public insurance adjuster; or |
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| 40 | 40 | | (ii) a building, roofing, or other |
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| 41 | 41 | | restoration contractor; |
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| 42 | 42 | | (B) has not been hired to handle a specific claim |
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| 43 | 43 | | resulting from a fire or casualty loss; and |
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| 44 | 44 | | (C) acts at the sole discretion of the property |
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| 45 | 45 | | owner or management company regarding a claim related to the |
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| 46 | 46 | | owner's property; or |
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| 47 | 47 | | (9) a person, or an employee of the person, who, solely |
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| 48 | 48 | | for or on behalf of any federally regulated mortgagee or entity that |
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| 49 | 49 | | services the mortgagee's loans: |
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| 50 | 50 | | (A) files, adjusts, investigates, or processes |
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| 51 | 51 | | property insurance claims; or |
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| 52 | 52 | | (B) conducts or reviews property inspections in |
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| 53 | 53 | | conjunction with those property insurance claims. |
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| 54 | 54 | | SECTION 2. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2009. |
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