83R10500 KKR-D
By: J. Davis of Harris H.B. No. 3242
A BILL TO BE ENTITLED
AN ACT
relating to roofing contractors; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 110 to read as follows:
CHAPTER 110. ROOFING CONTRACTORS
Sec. 110.001. DEFINITION. In this chapter, "roofing
contractor" means a person who, for compensation, provides a
roofing service, including the installation, construction,
maintenance, service, repair, alteration, or modification of any
part of a roof.
Sec. 110.002. PROHIBITED CONDUCT. A roofing contractor may
not:
(1) assist a customer to obtain payment under an
insurance policy for a roofing service or product provided by the
contractor, without regard to whether the contractor is compensated
for providing the assistance; or
(2) bear the cost, directly or indirectly, of an
insurance policy deductible applicable to a roofing service or
product provided by the contractor.
Sec. 110.003. PROHIBITED AGREEMENT. A roofing contractor
may not enter into an agreement with a customer or potential
customer under which the contractor agrees to engage in conduct
prohibited by Section 110.002.
Sec. 110.004. REQUIRED DISCLOSURE OF LIABILITY INSURANCE
COVERAGE. Before or at the time of entering into a contract for a
roofing service, a roofing contractor must disclose in writing to
the customer or potential customer whether the contractor is
covered by a liability insurance policy that covers the contractor
for liability for damages arising out of the provision of roofing
services. At the request of the customer or potential customer, the
roofing contractor shall provide to the customer or potential
customer a copy of the declarations page of any applicable
liability insurance policy.
Sec. 110.005. INSURANCE ADJUSTERS. An insurance adjuster
licensed under Chapter 4101, Insurance Code, or a public insurance
adjuster licensed under Chapter 4102, Insurance Code, may not
engage in business as a roofing contractor.
Sec. 110.006. OFFENSE. A person commits an offense if the
person is a roofing contractor and violates this chapter. An
offense under this section is a Class C misdemeanor.
SECTION 2. Chapter 4101, Insurance Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. PROHIBITED CONDUCT
Sec. 4101.251. CERTAIN ROOFING-RELATED BUSINESS
PROHIBITED. A licensed adjuster may not engage in business as a
roofing contractor, as that term is defined by Section 110.001,
Business & Commerce Code.
SECTION 3. Subchapter D, Chapter 4102, Insurance Code, is
amended by adding Section 4102.163 to read as follows:
Sec. 4102.163. CERTAIN ROOFING-RELATED BUSINESS
PROHIBITED. A license holder may not engage in business as a
roofing contractor, as that term is defined by Section 110.001,
Business & Commerce Code.
SECTION 4. This Act takes effect September 1, 2013.