| 1 | 1 | | By: Guillen (Senate Sponsor - Lucio) H.B. No. 1183 |
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| 2 | 2 | | (In the Senate - Received from the House May 9, 2013; |
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| 3 | 3 | | May 9, 2013, read first time and referred to Committee on Business |
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| 4 | 4 | | and Commerce; May 14, 2013, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 9, Nays 0; May 14, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to prohibited conduct by insurance adjusters, public |
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| 11 | 11 | | insurance adjusters, and roofing contractors. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 4101, Insurance Code, is amended by |
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| 14 | 14 | | adding Subchapter F to read as follows: |
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| 15 | 15 | | SUBCHAPTER F. PROHIBITED CONDUCT |
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| 16 | 16 | | Sec. 4101.251. CERTAIN ROOFING-RELATED BUSINESS |
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| 17 | 17 | | PROHIBITED. (a) An insurance adjuster licensed under this chapter |
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| 18 | 18 | | may not adjust a loss related to roofing damage on behalf of an |
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| 19 | 19 | | insurer if the adjuster is a roofing contractor or otherwise |
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| 20 | 20 | | provides roofing services or roofing products for compensation, or |
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| 21 | 21 | | is a controlling person in a roofing-related business. |
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| 22 | 22 | | (b) A roofing contractor may not act as an adjuster or |
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| 23 | 23 | | advertise to adjust claims for any property for which the |
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| 24 | 24 | | contractor is providing or may provide roofing services, regardless |
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| 25 | 25 | | of whether the contractor holds a license under this chapter. |
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| 26 | 26 | | (c) The commissioner shall adopt rules necessary to |
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| 27 | 27 | | implement and enforce this section. |
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| 28 | 28 | | SECTION 2. Subchapter D, Chapter 4102, Insurance Code, is |
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| 29 | 29 | | amended by adding Section 4102.163 to read as follows: |
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| 30 | 30 | | Sec. 4102.163. CERTAIN ROOFING-RELATED BUSINESS |
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| 31 | 31 | | PROHIBITED. (a) A roofing contractor may not act as a public |
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| 32 | 32 | | adjuster or advertise to adjust claims for any property for which |
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| 33 | 33 | | the contractor is providing or may provide roofing services, |
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| 34 | 34 | | regardless of whether the contractor holds a license under this |
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| 35 | 35 | | chapter. |
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| 36 | 36 | | (b) The commissioner shall adopt rules necessary to |
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| 37 | 37 | | implement and enforce this section. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2013. |
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| 39 | 39 | | * * * * * |
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