Texas 2015 - 84th Regular

Texas House Bill HB3646 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R12055 AJA-D
2	2	By: Smithee H.B. No. 3646
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to insurance claims and certain prohibited acts and
8	8	practices in or in relation to the business of insurance; amending
9	9	provisions that are or may be subject to a criminal penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 541.002(2), Insurance Code, is amended
12	12	to read as follows:
13	13	(2) "Person" means an individual, corporation,
14	14	association, partnership, reciprocal or interinsurance exchange,
15	15	Lloyd's plan, fraternal benefit society, or other legal entity
16	16	engaged in the business of insurance, including an agent, broker,
17	17	[adjuster,] or life and health insurance counselor. The term does
18	18	not include an individual employed by an insurer as an adjuster or a
19	19	third-party individual or entity engaged by an insurer to provide
20	20	adjusting, estimating, consulting, engineering, or other services
21	21	related to the insurer's adjustment of a claim.
22	22	SECTION 2. Section 541.060, Insurance Code, is amended by
23	23	amending Subsection (a) and adding Subsection (c) to read as
24	24	follows:
25	25	(a) It is an unfair method of competition or an unfair or
26	26	deceptive act or practice in the business of insurance for a person
27	27	to engage in the following unfair settlement practices with respect
28	28	to a claim by an insured or beneficiary:
29	29	(1) misrepresenting to a claimant a material fact or
30	30	policy provision relating to coverage at issue;
31	31	(2) failing to attempt in good faith to effectuate a
32	32	prompt, fair, and equitable settlement of:
33	33	(A) a claim with respect to which the insurer's
34	34	liability has become reasonably clear; or
35	35	(B) a claim under one portion of a policy with
36	36	respect to which the insurer's liability has become reasonably
37	37	clear to influence the claimant to settle another claim under
38	38	another portion of the coverage unless payment under one portion of
39	39	the coverage constitutes evidence of liability under another
40	40	portion;
41	41	(3) failing to promptly provide to a policyholder a
42	42	reasonable explanation of the basis in the policy, in relation to
43	43	the facts or applicable law, for the insurer's denial of a claim or
44	44	offer of a compromise settlement of a claim;
45	45	(4) failing within a reasonable time to:
46	46	(A) affirm or deny coverage of a claim to a
47	47	policyholder; or
48	48	(B) submit a reservation of rights to a
49	49	policyholder;
50	50	(5) refusing, failing, or unreasonably delaying a
51	51	settlement offer under applicable first-party coverage on the basis
52	52	that other coverage may be available or that third parties are
53	53	responsible for the damages suffered, except as may be specifically
54	54	provided in the policy;
55	55	(6) undertaking to enforce a full and final release of
56	56	a claim from a policyholder when only a partial payment has been
57	57	made, unless the payment is a compromise settlement of a doubtful or
58	58	disputed claim;
59	59	(7) refusing to pay a claim without conducting a
60	60	reasonable investigation with respect to the claim;
61	61	(8) with respect to a Texas personal automobile
62	62	insurance policy, delaying or refusing settlement of a claim solely
63	63	because there is other insurance of a different kind available to
64	64	satisfy all or part of the loss forming the basis of that claim; or
65	65	(9) requiring a claimant as a condition of settling a
66	66	claim to produce the claimant's federal income tax returns for
67	67	examination or investigation by the person unless:
68	68	(A) a court orders the claimant to produce those
69	69	tax returns;
70	70	(B) the claim involves a fire loss; or
71	71	(C) the claim involves lost profits or income.
72	72	(c) An insurer is solely responsible for any violation of
73	73	Subsection (a) by:
74	74	(1) an individual employed by the insurer as an
75	75	adjuster; or
76	76	(2) a third-party individual or entity engaged by the
77	77	insurer to provide adjusting, estimating, consulting, engineering,
78	78	or other services related to the insurer's adjustment of a claim.
79	79	SECTION 3. Section 541.061, Insurance Code, is amended to
80	80	read as follows:
81	81	Sec. 541.061. MISREPRESENTATION OF INSURANCE POLICY. (a)
82	82	It is an unfair method of competition or an unfair or deceptive act
83	83	or practice in the business of insurance for a person to
84	84	misrepresent an insurance policy by:
85	85	(1) making an untrue statement of material fact;
86	86	(2) failing to state a material fact necessary to make
87	87	other statements made not misleading, considering the
88	88	circumstances under which the statements were made;
89	89	(3) making a statement in a manner that would mislead a
90	90	reasonably prudent person to a false conclusion of a material fact;
91	91	(4) making a material misstatement of law; or
92	92	(5) failing to disclose a matter required by law to be
93	93	disclosed, including failing to make a disclosure in accordance
94	94	with another provision of this code.
95	95	(b) An insurer is solely responsible for any violation of
96	96	Subsection (a) by:
97	97	(1) an individual employed by the insurer as an
98	98	adjuster; or
99	99	(2) a third-party individual or entity engaged by the
100	100	insurer to provide adjusting, estimating, consulting, engineering,
101	101	or other services related to the insurer's adjustment of a claim.
102	102	SECTION 4. Section 541.151, Insurance Code, is amended to
103	103	read as follows:
104	104	Sec. 541.151. PRIVATE ACTION FOR ACTUAL DAMAGES AUTHORIZED.
105	105	(a) A person who sustains actual damages may bring an action against
106	106	another person for those damages caused by the other person
107	107	engaging in an act or practice:
108	108	(1) defined by Subchapter B to be an unfair method of
109	109	competition or an unfair or deceptive act or practice in the
110	110	business of insurance; or
111	111	(2) specifically enumerated in Section 17.46(b),
112	112	Business & Commerce Code, as an unlawful deceptive trade practice
113	113	if the person bringing the action shows that the person relied on
114	114	the act or practice to the person's detriment.
115	115	(b) For purposes of this subchapter, "actual damages" means
116	116	an injury independent of the harm resulting from the insurer's
117	117	denial of policy benefits. The policy benefits wrongfully
118	118	withheld, as well as any attorney's fees or costs incurred to
119	119	recover those policy benefits, do not constitute "actual damages"
120	120	for purposes of this section.
121	121	(c) An insurer is solely responsible for any violation of
122	122	Subsection (a) by:
123	123	(1) an individual employed by the insurer as an
124	124	adjuster; or
125	125	(2) a third-party individual or entity engaged by the
126	126	insurer to provide adjusting, estimating, consulting, engineering,
127	127	or other services related to the insurer's adjustment of a claim.
128	128	SECTION 5. The heading to Section 541.152, Insurance Code,
129	129	is amended to read as follows:
130	130	Sec. 541.152. ACTUAL DAMAGES, ATTORNEY'S FEES, AND OTHER
131	131	RELIEF.
132	132	SECTION 6. Section 541.154, Insurance Code, is amended to
133	133	read as follows:
134	134	Sec. 541.154. PRIOR NOTICE OF ACTION. (a) An insured [A
135	135	person] seeking damages in an action against an insurer [another
136	136	person under this subchapter] must provide written notice to the
137	137	insurer [other person] not later than the 61st day before the date
138	138	the action is filed.
139	139	(b) If the amount sought by the insured in the action
140	140	involves a claim for damage items previously submitted to the
141	141	insurer, the [The] notice must contain [advise the other person
142	142	of]:
143	143	(1) a sworn statement signed by the insured stating
144	144	the specific damage items and the amount alleged to be owed by the
145	145	insurer [the specific complaint]; [and]
146	146	(2) the amount of the [actual damages and expenses,
147	147	including] attorney's fees the insured reasonably incurred in
148	148	asserting the claim against the insurer; and
149	149	(3) a stated amount that includes the amounts
150	150	described by Subdivisions (1) and (2) that the insured will accept
151	151	in full and final satisfaction of the claim [other person].
152	152	(b-1) If the amount sought by the insured in the action
153	153	involves a claim for damage items not previously submitted to the
154	154	insurer, the notice must contain:
155	155	(1) a sworn statement signed by the insured stating
156	156	the specific damage items, the amount alleged to be owed by the
157	157	insured, and the reason the damage items were not previously
158	158	submitted to the insurer;
159	159	(2) copies of reports, estimates, photographs, and
160	160	other items reasonably supporting the insured's additional damage
161	161	items;
162	162	(3) a statement that the insured will cooperate in
163	163	allowing the insurer to inspect the insured property for purposes
164	164	of investigating the additional damage items;
165	165	(4) the amount of the attorney's fees the insured
166	166	reasonably incurred in asserting the claim against the insurer; and
167	167	(5) a stated amount that includes the amounts
168	168	described by Subdivisions (1) and (4) that the insured will accept
169	169	in full and final satisfaction of the claim.
170	170	(b-2) Notice required by this section must be sent to the
171	171	insurer by certified mail, return receipt requested.
172	172	(c) Notice under this section [The notice] is not required
173	173	if giving notice is impracticable because the action:
174	174	(1) must be filed to prevent the statute of
175	175	limitations from expiring; or
176	176	(2) is asserted as a counterclaim.
177	177	SECTION 7. Section 541.155, Insurance Code, is amended to
178	178	read as follows:
179	179	Sec. 541.155. ABATEMENT; DISMISSAL. (a) A person against
180	180	whom an action under this subchapter is pending who does not receive
181	181	[the] notice as required by Section 541.154(b) [541.154] may file a
182	182	plea in abatement not later than the 30th day after the date the
183	183	person files an original answer in the court in which the action is
184	184	pending.
185	185	(b) The court shall abate the action if, after a hearing,
186	186	the court finds that the person is entitled to an abatement because
187	187	the claimant did not provide [the] notice as required by Section
188	188	541.154(b) [541.154].
189	189	(c) An action is automatically abated without a court order
190	190	beginning on the 11th day after the date a plea in abatement is
191	191	filed if the plea:
192	192	(1) is verified and alleges that the person against
193	193	whom the action is pending did not receive [the] notice as required
194	194	by Section 541.154(b) [541.154]; and
195	195	(2) is not controverted by an affidavit filed by the
196	196	claimant before the 11th day after the date the plea in abatement is
197	197	filed.
198	198	(d) An abatement under this section continues until the 60th
199	199	day after the date notice is provided in compliance with Section
200	200	541.154(b) [541.154].
201	201	(d-1) A person against whom an action under this subchapter
202	202	is pending who does not receive notice as required by Section
203	203	541.154(b-1) may file a motion to dismiss not later than the 30th
204	204	day after the date the person files an original answer in the court
205	205	in which the action is pending.
206	206	(d-2) The court shall grant the motion under Subsection
207	207	(d-1) if, after a hearing, the court finds that the person is
208	208	entitled to dismissal because the claimant did not provide notice
209	209	as required by Section 541.154(b-1).
210	210	(e) Subsections (d-1) and (d-2) do [This section does] not
211	211	apply if Section 541.154(c) applies. If Section 541.154(c)
212	212	applies, the action may not be dismissed but shall be abated in
213	213	accordance with Subsections (b), (c), and (d).
214	214	SECTION 8. Section 542.053, Insurance Code, is amended by
215	215	adding Subsection (e) to read as follows:
216	216	(e) This subchapter is not intended to create any right of
217	217	action against an individual employed by an insurer as an adjuster
218	218	or a third-party individual or entity engaged by an insurer to
219	219	provide adjusting, estimating, consulting, engineering, or other
220	220	services related to the insurer's adjustment of a claim. An insurer
221	221	listed in Section 542.052 is solely responsible under this
222	222	subchapter for an action of an individual employed by the insurer as
223	223	an adjuster or a third-party individual or entity engaged by the
224	224	insurer to provide adjusting, estimating, consulting, engineering,
225	225	or other services related to the insurer's adjustment of a claim.
226	226	SECTION 9. Subchapter B, Chapter 542, Insurance Code, is
227	227	amended by adding Section 542.0595 to read as follows:
228	228	Sec. 542.0595. PRIOR NOTICE OF ACTION; ABATEMENT OR
229	229	DISMISSAL. (a) An insured may not bring suit under Section 542.060
230	230	in connection with a claim for property damage or loss unless the
231	231	insured has provided written notice to the insurer with respect to
232	232	the claim in accordance with Section 541.154.
233	233	(b) A suit under Section 542.060 is subject to abatement or
234	234	dismissal to the same extent and in the same manner provided by
235	235	Section 541.155 for an action under Subchapter D, Chapter 541.
236	236	SECTION 10. Section 542.060, Insurance Code, is amended to
237	237	read as follows:
238	238	Sec. 542.060. LIABILITY FOR VIOLATION OF SUBCHAPTER. (a)
239	239	If an insurer that is liable for a claim under an insurance policy
240	240	knowingly fails to act [is not] in compliance with this subchapter,
241	241	the insurer is liable to pay the holder of the policy or the
242	242	beneficiary making the claim under the policy, in addition to the
243	243	amount of the claim, interest on the unpaid amount of the claim at
244	244	the rate of 18 percent a year as damages, together with reasonable
245	245	attorney's fees.
246	246	(a-1) For purposes of Subsection (a), an insurer knowingly
247	247	fails to act in compliance with this subchapter only if the insurer
248	248	is actually aware of the insurer's failure to pay a claim for which
249	249	the insurer is liable. There is no liability under this section for
250	250	a claim with respect to which there is a bona fide dispute as to
251	251	whether the insurer is liable.
252	252	(b) If a suit is filed, interest and [the] attorney's fees
253	253	payable under this section shall be taxed as part of the costs in
254	254	the case.
255	255	(c) The liability for interest and attorney's fees provided
256	256	by this section are the exclusive remedy for a violation of this
257	257	subchapter. This section is not intended to affect a right or
258	258	remedy provided by Chapter 541 or any other law outside this
259	259	subchapter.
260	260	SECTION 11. Subchapter B, Chapter 542, Insurance Code, is
261	261	amended by adding Section 542.0601 to read as follows:
262	262	Sec. 542.0601. LIABILITY WITH RESPECT TO CERTAIN CLAIMS.
263	263	An insurer is not liable under Section 542.060 with respect to:
264	264	(1) a claim received by the insurer if it is determined
265	265	through arbitration, litigation, or another dispute resolution
266	266	process that the claim:
267	267	(A) is not covered under the insurance policy;
268	268	(B) was properly rejected;
269	269	(C) is invalid; or
270	270	(D) otherwise should not be paid by the insurer;
271	271	or
272	272	(2) a claim with respect to which an appraisal
273	273	process:
274	274	(A) is invoked under the terms of the policy:
275	275	(i) by the insurer or insured before the
276	276	commencement of litigation;
277	277	(ii) by the defendant within 60 days after
278	278	receiving notice of the commencement of litigation; or
279	279	(iii) by the plaintiff after the
280	280	commencement of litigation; and
281	281	(B) results in a valid, signed award the amount
282	282	of which is paid by the insurer not later than the 15th day after the
283	283	date the insurer receives the award, consistent with the coverage,
284	284	conditions, and limits provided by the policy, minus any prior
285	285	payments and any applicable deductible amount.
286	286	SECTION 12. Subtitle A, Title 10, Insurance Code, is
287	287	amended by adding Chapter 1808 to read as follows:
288	288	CHAPTER 1808. CLAIMS FOR PROPERTY DAMAGE
289	289	Sec. 1808.001. DEFINITION. In this chapter, "claim for
290	290	property damage" means a request for payment under an insurance
291	291	policy for damage to or loss of real property or tangible personal
292	292	property alleged to be covered by the policy.
293	293	Sec. 1808.002. APPLICABILITY OF CHAPTER. This chapter
294	294	applies to any claim under or related to an insurance policy that
295	295	provides insurance coverage against damage to or loss of real
296	296	property or tangible personal property, including a policy issued
297	297	by an insurance company, reciprocal or interinsurance exchange,
298	298	mutual insurance company, capital stock insurance company, county
299	299	mutual insurance company, Lloyd's plan, or other legal entity
300	300	authorized to write property insurance in this state.
301	301	Sec. 1808.003. CLAIM FILING PERIOD. (a) A claimant must
302	302	give an insurer prompt written notice of a claim for property damage
303	303	after property covered under the policy is damaged or lost, but in
304	304	no event later than the second anniversary of the date on which the
305	305	damage to or loss of property that is the basis of the claim occurs.
306	306	(b) Failure to provide notice of a claim for property damage
307	307	by the second anniversary of the date on which the damage to or loss
308	308	of property that is the basis of the claim occurs is an absolute bar
309	309	to recovery on the claim.
310	310	(c) Nothing in this section precludes an insurer from
311	311	raising any defense available under the terms of its policy
312	312	relating to prompt notice or that is otherwise available under the
313	313	law.
314	314	SECTION 13. Section 4102.051(a), Insurance Code, is amended
315	315	to read as follows:
316	316	(a) A person may not act as a public insurance adjuster in
317	317	this state or hold himself or herself out to be a public insurance
318	318	adjuster in this state unless the person holds a license or
319	319	certificate issued by the commissioner under Section 4102.053 or
320	320	[,] 4102.054[, or 4102.069].
321	321	SECTION 14. Section 4102.066(a), Insurance Code, is amended
322	322	to read as follows:
323	323	(a) The commissioner shall collect in advance the following
324	324	nonrefundable fees:
325	325	(1) for a public insurance adjuster license, an
326	326	application fee in an amount to be determined by rule by the
327	327	commissioner;
328	328	(2) for a nonresident public insurance adjuster
329	329	license, an application fee in an amount to be determined by rule by
330	330	the commissioner; and
331	331	(3) for each public insurance adjuster examination, a
332	332	fee in an amount to be determined by rule by the commissioner [; and
333	333	[(4) for a public insurance adjuster trainee
334	334	certificate under Section 4102.069, a registration fee in an amount
335	335	to be determined by rule by the commissioner].
336	336	SECTION 15. Section 4102.103, Insurance Code, is amended by
337	337	adding Subsection (d) to read as follows:
338	338	(d) A license holder may not enter into a contract with an
339	339	insured and collect a commission as provided by Section 4102.104
340	340	without the intent to actually perform the services of a licensed
341	341	public insurance adjuster for the insured.
342	342	SECTION 16. Section 4102.104(d), Insurance Code, is amended
343	343	to read as follows:
344	344	(d) A public insurance adjuster may not accept any payment
345	345	that violates the provisions of this section [Subsection (c)].
346	346	SECTION 17. Section 4102.158, Insurance Code, is amended by
347	347	amending Subsection (a) and adding Subsections (d), (e), and (f) to
348	348	read as follows:
349	349	(a) A license holder may not:
350	350	(1) participate directly or indirectly in the
351	351	reconstruction, repair, or restoration of damaged property that is
352	352	the subject of a claim adjusted by the license holder; or
353	353	(2) engage in any other activities that may reasonably
354	354	be construed as presenting a conflict of interest, including
355	355	soliciting or accepting any remuneration from, [or] having a
356	356	financial interest in, or having any immediate family member own or
357	357	operate, any salvage firm, repair firm, construction firm, or other
358	358	firm that obtains business in connection with any claim the license
359	359	holder has a contract or agreement to adjust.
360	360	(d) A license holder may not enter into a contract with an
361	361	insured for the primary purpose of referring the insured to an
362	362	attorney and without the intent to actually perform for the insured
363	363	the services of a licensed public insurance adjuster.
364	364	(e) A license holder may not act on behalf of an attorney in
365	365	having an insured sign an attorney representation agreement.
366	366	(f) A license holder must become familiar with and at all
367	367	times act in conformance with the criminal barratry statute set
368	368	forth in Section 38.12, Penal Code.
369	369	SECTION 18. Section 4102.160, Insurance Code, is amended to
370	370	read as follows:
371	371	Sec. 4102.160. CERTAIN PAYMENTS PROHIBITED. A license
372	372	holder may not:
373	373	(1) advance money to any potential client or insured;
374	374	or
375	375	(2) pay, allow, or give, or offer to pay, allow, or
376	376	give, directly or indirectly, to a contractor, attorney, or any
377	377	other person who is not a licensed public insurance adjuster a fee,
378	378	commission, or other valuable consideration for the referral of an
379	379	insured to the public insurance adjuster for purposes of [based on]
380	380	the insured entering into a contract with that public insurance
381	381	adjuster or for any other purpose [; or
382	382	[(3) otherwise offer to pay a fee, commission, or
383	383	other valuable consideration exceeding $100 to a person not
384	384	licensed as a public insurance adjuster for referring an insured to
385	385	the license holder].
386	386	SECTION 19. Subchapter D, Chapter 4102, Insurance Code, is
387	387	amended by adding Section 4102.164 to read as follows:
388	388	Sec. 4102.164. ACCEPTANCE OF REFERRAL PAYMENTS PROHIBITED.
389	389	(a) A licensed public insurance adjuster may not accept a fee,
390	390	commission, or other valuable consideration of any nature,
391	391	regardless of form or amount, in exchange for the referral by a
392	392	licensed public insurance adjuster of an insured to any third-party
393	393	individual or firm, including but not limited to an attorney,
394	394	appraiser, umpire, construction company, contractor, or salvage
395	395	company.
396	396	(b) The commissioner shall adopt rules necessary to
397	397	implement and enforce this section.
398	398	SECTION 20. The heading to Section 27.02, Business &
399	399	Commerce Code, is amended to read as follows:
400	400	Sec. 27.02. CERTAIN OFFERS MADE AND INFORMATION PROVIDED IN
401	401	CONNECTION WITH INSURANCE CLAIMS [FOR EXCESSIVE CHARGES].
402	402	SECTION 21. Sections 27.02(a) and (b), Business & Commerce
403	403	Code, are amended to read as follows:
404	404	(a) A person who sells goods or services, including a
405	405	contractor, appraiser, estimator, or insurance restoration
406	406	contractor, commits an offense if, in connection with a claim for
407	407	property loss or damage under a property or casualty insurance
408	408	policy:
409	409	(1) the person advertises or promises to [provide the
410	410	good or service and to] pay, waive, absorb, rebate, subsidize,
411	411	credit, or otherwise cover for any reason [:
412	412	[(A)] all or part of any applicable insurance
413	413	deductible or other uninsured amount owed by an insured under the
414	414	terms of the policy; [or
415	415	[(B) a rebate in an amount equal to all or part of
416	416	any applicable insurance deductible;]
417	417	(2) [the good or service is paid for by the consumer
418	418	from proceeds of a property or casualty insurance policy; and
419	419	[(3)] the person knowingly provides or causes to be
420	420	provided to an insurer any estimate or other statement as to the
421	421	cost of repair for the good or service to be provided that has been
422	422	increased, inflated, or otherwise manipulated [charges an amount
423	423	for the good or service that exceeds the usual and customary charge
424	424	by the person for the good or service] by an amount equal to or
425	425	greater than all or part of the applicable insurance deductible or
426	426	other uninsured amount owed by an insured under the policy; or
427	427	(3) the person knowingly provides or causes to be
428	428	provided to an insurer any false or misleading material information
429	429	within any estimate, bid, proposal, or other statement as to the
430	430	scope of damage or cost of repair for the good or service to be
431	431	provided [paid by the person to an insurer on behalf of an insured
432	432	or remitted to an insured by the person as a rebate].
433	433	(b) A person who is insured under a property or casualty
434	434	insurance policy commits an offense if the person:
435	435	(1) knowingly submits a claim under the policy based
436	436	on conduct [charges that are] in violation of Subsection (a) [of
437	437	this section]; or
438	438	(2) knowingly allows a claim in violation of
439	439	Subsection (a) [of this section] to be submitted, unless the person
440	440	promptly notifies the insurer of the conduct in violation of
441	441	Subsection (a) [excessive charges].
442	442	SECTION 22. Section 38.12(d), Penal Code, is amended to
443	443	read as follows:
444	444	(d) A person commits an offense if the person:
445	445	(1) is an attorney, chiropractor, physician, surgeon,
446	446	public insurance adjuster, as defined by Section 4102.001,
447	447	Insurance Code, or private investigator licensed to practice in
448	448	this state or any person licensed, certified, or registered by a
449	449	health care regulatory agency of this state; and
450	450	(2) with the intent to obtain professional employment
451	451	for the person or for another, provides or knowingly permits to be
452	452	provided to an individual who has not sought the person's
453	453	employment, legal representation, advice, or care a written
454	454	communication or a solicitation, including a solicitation in person
455	455	or by telephone, that:
456	456	(A) concerns an action for personal injury or
457	457	wrongful death or otherwise relates to an accident or disaster
458	458	involving the person to whom the communication or solicitation is
459	459	provided or a relative of that person and that was provided before
460	460	the 31st day after the date on which the accident or disaster
461	461	occurred;
462	462	(B) concerns a specific matter and relates to
463	463	legal representation and the person knows or reasonably should know
464	464	that the person to whom the communication or solicitation is
465	465	directed is represented by a lawyer in the matter;
466	466	(C) concerns a lawsuit of any kind, including an
467	467	action for divorce, in which the person to whom the communication or
468	468	solicitation is provided is a defendant or a relative of that
469	469	person, unless the lawsuit in which the person is named as a
470	470	defendant has been on file for more than 31 days before the date on
471	471	which the communication or solicitation was provided;
472	472	(D) is provided or permitted to be provided by a
473	473	person who knows or reasonably should know that the injured person
474	474	or relative of the injured person has indicated a desire not to be
475	475	contacted by or receive communications or solicitations concerning
476	476	employment;
477	477	(E) involves coercion, duress, fraud,
478	478	overreaching, harassment, intimidation, or undue influence; [or]
479	479	(F) contains a false, fraudulent, misleading,
480	480	deceptive, or unfair statement or claim; or
481	481	(G) concerns the proposed adjustment of a
482	482	property damage insurance claim and is made by a person other than
483	483	the licensed public insurance adjuster who would be directly
484	484	providing the proposed public insurance adjusting services to the
485	485	recipient of the communication.
486	486	SECTION 23. Section 4102.069, Insurance Code, is repealed.
487	487	SECTION 24. Chapter 541, Insurance Code, as amended by this
488	488	Act, applies only to conduct that occurs on or after the effective
489	489	date of this Act. Conduct that occurs before the effective date of
490	490	this Act is governed by the law as it existed immediately before the
491	491	effective date of this Act, and that law is continued in effect for
492	492	that purpose.
493	493	SECTION 25. Subchapter B, Chapter 542, Insurance Code, as
494	494	amended by this Act, applies only to a claim for which notice of
495	495	claim is provided to an insurer on or after the effective date of
496	496	this Act. A claim for which notice of claim is provided to an
497	497	insurer before the effective date of this Act is governed by the law
498	498	as it existed immediately before the effective date of this Act, and
499	499	that law is continued in effect for that purpose.
500	500	SECTION 26. Chapter 1808, Insurance Code, as added by this
501	501	Act, applies only to a claim under an insurance policy delivered,
502	502	issued for delivery, or renewed on or after January 1, 2016. A
503	503	claim under a policy delivered, issued for delivery, or renewed
504	504	before January 1, 2016, is governed by the law as it existed
505	505	immediately before the effective date of this Act, and that law is
506	506	continued in effect for that purpose.
507	507	SECTION 27. The repeal by this Act of Section 4102.069,
508	508	Insurance Code, does not affect the authority of a person to act
509	509	under a temporary certificate issued by the Texas Department of
510	510	Insurance under that section before the effective date of this Act.
511	511	SECTION 28. Sections 4102.103(d) and 4102.158(d),
512	512	Insurance Code, as added by this Act, apply only to a contract
513	513	entered into on or after the effective date of this Act.
514	514	SECTION 29. (a) Except as provided by this section, Section
515	515	4102.104, Insurance Code, as amended by this Act, applies only to
516	516	payment for a service performed on or after the effective date of
517	517	this Act.
518	518	(b) Payment for a service performed before the effective
519	519	date of this Act or performed after the effective date of this Act
520	520	under a contract entered into before the effective date of this Act
521	521	is governed by the law as it existed immediately before the
522	522	effective date of this Act, and that law is continued in effect for
523	523	that purpose.
524	524	SECTION 30. Section 4102.160, Insurance Code, as amended by
525	525	this Act, and Section 4102.164, Insurance Code, as added by this
526	526	Act, apply only to a referral made on or after the effective date of
527	527	this Act. A referral made before the effective date of this Act is
528	528	governed by the law as it existed immediately before the effective
529	529	date of this Act, and that law is continued in effect for that
530	530	purpose.
531	531	SECTION 31. The changes in law made by this Act apply only
532	532	to an offense committed on or after the effective date of this Act.
533	533	An offense committed before the effective date of this Act is
534	534	governed by the law in effect when the offense was committed, and
535	535	the former law is continued in effect for that purpose. For
536	536	purposes of this section, an offense was committed before the
537	537	effective date of this Act if any element of the offense occurred
538	538	before that date.
539	539	SECTION 32. This Act takes effect September 1, 2015.