83R5854 PMO-F
By: Smithee H.B. No. 1402
A BILL TO BE ENTITLED
AN ACT
relating to certain rebates and incentives for purchasing certain
roofing services; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1806, Insurance Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. ADDITIONAL PROVISIONS APPLICABLE TO RESIDENTIAL
PROPERTY INSURANCE
Sec. 1806.201. REBATES AND INCENTIVES FOR ROOFING SERVICES
PROHIBITED; PENALTY. (a) A person who provides roofing services to
repair or replace a roof the repair or replacement of which is or
may be covered by a residential property insurance policy may not
offer or provide consideration, including a discount, rebate, or
product voucher, to reduce, directly or indirectly, a covered
person's out-of-pocket expense related to the purchase of the
roofing services.
(b) A person who intentionally, knowingly, or recklessly
violates Subsection (a) is liable for a civil penalty, recoverable
by a civil action brought by the attorney general, in an amount not
to exceed $1,000 for each violation.
(c) A civil penalty authorized by this section is in
addition to any other civil, administrative, or criminal remedy
provided by law.
SECTION 2. (a) The change in law made by this Act applies
only to a violation committed on or after the effective date of this
Act. For purposes of this section, a violation is committed before
the effective date of this Act if any element of the violation
occurs before that date.
(b) A violation committed before the effective date of this
Act is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.