Texas 2015 - 84th Regular

Texas Senate Bill SB1628 Compare Versions

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1	1	84R28798 AJA-F
2	2	By: Taylor of Galveston, et al. S.B. No. 1628
3	3	(Smithee)
4	4	Substitute the following for S.B. No. 1628: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to insurance claims and certain prohibited acts and
10	10	practices in or in relation to the business of insurance.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 541.151, Insurance Code, is amended to
13	13	read as follows:
14	14	Sec. 541.151. PRIVATE ACTION FOR ACTUAL DAMAGES AUTHORIZED.
15	15	Except as provided by Section 541.1511, a [A] person who sustains
16	16	actual damages may bring an action against another person for those
17	17	damages caused by the other person engaging in an act or practice:
18	18	(1) defined by Subchapter B to be an unfair method of
19	19	competition or an unfair or deceptive act or practice in the
20	20	business of insurance; or
21	21	(2) specifically enumerated in Section 17.46(b),
22	22	Business & Commerce Code, as an unlawful deceptive trade practice
23	23	if the person bringing the action shows that the person relied on
24	24	the act or practice to the person's detriment.
25	25	SECTION 2. Subchapter D, Chapter 541, Insurance Code, is
26	26	amended by adding Section 541.1511 to read as follows:
27	27	Sec. 541.1511. ACTION RELATING TO CERTAIN CLAIMS FOR
28	28	PROPERTY DAMAGE: INSURER ELECTION FOR LEGAL RESPONSIBILITY FOR
29	29	ACTIONS OF AGENTS AND EMPLOYEES. (a) This section applies only to
30	30	an action brought by an insured relating to or arising from a claim
31	31	for damage to or loss of real property or tangible personal property
32	32	made under an insurance policy providing coverage for damage to or
33	33	loss of real property.
34	34	(b) Except as provided by Subsection (d), an insured seeking
35	35	damages in an action to which this section applies may not file or
36	36	maintain an action under this subchapter against an employee,
37	37	agent, representative, or adjuster issuing policies, handling
38	38	claims, or performing other acts on behalf of an insurer, and any
39	39	such action shall be immediately dismissed, if:
40	40	(1) the employee, agent, representative, or adjuster
41	41	was not named in a notice given under Section 541.1541; or
42	42	(2) not later than the 30th day after the date the
43	43	notice given under Section 541.1541 is received, the insurer agrees
44	44	in a document provided to the insured to be liable for any act or
45	45	omission of the employee, agent, representative, or adjuster
46	46	related to or arising out of the insured's claim.
47	47	(c) A dismissal under Subsection (b)(1) or an agreement
48	48	under Subsection (b)(2) does not limit the insurer's liability and
49	49	does not limit the insurer's vicarious liability for any act or
50	50	omission of the employee, agent, representative, or adjuster
51	51	related to or arising out of the insured's claim.
52	52	(d) An insured may file and maintain an action described by
53	53	Subsection (b) if the insured shows and the court finds that the
54	54	insured cannot reasonably expect to secure complete relief unless
55	55	the employee, agent, representative, or adjuster is made a party to
56	56	the action.
57	57	SECTION 3. The heading to Section 541.152, Insurance Code,
58	58	is amended to read as follows:
59	59	Sec. 541.152. ACTUAL DAMAGES, ATTORNEY'S FEES, AND OTHER
60	60	RELIEF.
61	61	SECTION 4. The heading to Section 541.154, Insurance Code,
62	62	is amended to read as follows:
63	63	Sec. 541.154. PRIOR NOTICE OF ACTION OTHER THAN ACTION
64	64	RELATING TO CLAIM FOR PROPERTY DAMAGE.
65	65	SECTION 5. Section 541.154(a), Insurance Code, is amended
66	66	to read as follows:
67	67	(a) Except as provided by Section 541.1541, a [A] person
68	68	seeking damages in an action against another person under this
69	69	subchapter must provide written notice to the other person not
70	70	later than the 61st day before the date the action is filed.
71	71	SECTION 6. Subchapter D, Chapter 541, Insurance Code, is
72	72	amended by adding Section 541.1541 to read as follows:
73	73	Sec. 541.1541. PRIOR NOTICE OF ACTION RELATING TO CERTAIN
74	74	CLAIMS FOR PROPERTY DAMAGE. (a) This section applies only to an
75	75	action brought by an insured relating to or arising from a claim for
76	76	damage to or loss of real property or tangible personal property
77	77	made under an insurance policy providing coverage for damage to or
78	78	loss of real property.
79	79	(b) An insured seeking damages in an action to which this
80	80	section applies must provide written notice complying with this
81	81	section to all potential defendants not later than the 61st day
82	82	before the date the action is filed.
83	83	(c) The notice required by this section must state:
84	84	(1) the specific damage items and the amount alleged
85	85	to be owed by the insurer under the insurance policy;
86	86	(2) the amount of the actual damages, other damages,
87	87	interest, and expenses, specifically stated for each item, that the
88	88	insured alleges are owed by the insurer;
89	89	(3) the amount of attorney's fees the insured
90	90	reasonably has incurred as of the date the notice is given in
91	91	asserting the claim against the insurer;
92	92	(4) an amount that includes the amounts described by
93	93	Subdivisions (1) through (3) that the insured will accept in full
94	94	and final satisfaction of the claim; and
95	95	(5) the name of every person to whom notice is given
96	96	under this section and a brief description of each person's
97	97	relationship to the insured's claim.
98	98	(d) If the amount sought by the insured in the action
99	99	involves a claim for damage items not previously submitted to the
100	100	insurer, not later than the 15th day after the date notice under
101	101	this section is provided to an insurer, the insurer may request that
102	102	the insured provide copies of reports, estimates, photographs, and
103	103	other items reasonably supporting the insured's additional damage
104	104	items. If a request is made in accordance with this subsection, the
105	105	insured must provide the requested information before filing an
106	106	action to which this section applies.
107	107	(e) A presuit notice under this section is not required if
108	108	giving notice is impracticable because the action:
109	109	(1) must be filed to prevent the statute of
110	110	limitations from expiring; or
111	111	(2) is asserted as a counterclaim.
112	112	SECTION 7. Section 541.155, Insurance Code, is amended to
113	113	read as follows:
114	114	Sec. 541.155. ABATEMENT. (a) A person against whom an
115	115	action under this subchapter is pending who does not receive [the]
116	116	notice or requested information as required by Section 541.154 or
117	117	541.1541 may file a plea in abatement not later than the 30th day
118	118	after the date the person files an original answer in the court in
119	119	which the action is pending.
120	120	(b) The court shall abate the action if, after a hearing,
121	121	the court finds that the person is entitled to an abatement because
122	122	the claimant did not provide [the] notice or requested information
123	123	as required by Section 541.154 or 541.1541.
124	124	(c) An action is automatically abated without a court order
125	125	beginning on the 11th day after the date a plea in abatement is
126	126	filed if the plea:
127	127	(1) is verified and alleges that the person against
128	128	whom the action is pending did not receive [the] notice or requested
129	129	information as required by Section 541.154 or 541.1541; and
130	130	(2) is not controverted by an affidavit filed by the
131	131	claimant before the 11th day after the date the plea in abatement is
132	132	filed.
133	133	(d) An abatement under this section continues until the 60th
134	134	day after the date notice or requested information is provided in
135	135	compliance with Section 541.154 or 541.1541.
136	136	(e) This section does not apply if Section 541.154(c) or
137	137	541.1541(e) applies.
138	138	SECTION 8. Subchapter B, Chapter 542, Insurance Code, is
139	139	amended by adding Section 542.0595 to read as follows:
140	140	Sec. 542.0595. PRIOR NOTICE OF ACTION RELATING TO CERTAIN
141	141	CLAIMS FOR PROPERTY DAMAGE; ABATEMENT. (a) An insured may not
142	142	bring suit under Section 542.060 in connection with a claim for
143	143	damage to or loss of real property or tangible personal property
144	144	made under an insurance policy providing coverage for damage to or
145	145	loss of real property unless the insured has provided written
146	146	notice to the insurer with respect to the claim in accordance with
147	147	Section 541.1541 and any information requested by the insurer in
148	148	accordance with that section.
149	149	(b) A suit under Section 542.060 for which notice is
150	150	required by this section is subject to abatement to the same extent
151	151	and in the same manner provided by Section 541.155 for an action
152	152	under Subchapter D, Chapter 541.
153	153	SECTION 9. Section 542.060, Insurance Code, is amended to
154	154	read as follows:
155	155	Sec. 542.060. LIABILITY FOR VIOLATION OF SUBCHAPTER.
156	156	(a) If an insurer that is liable for a claim under an insurance
157	157	policy is not in compliance with this subchapter, the insurer is
158	158	liable to pay the holder of the policy or the beneficiary making the
159	159	claim under the policy, in addition to the amount of the claim,
160	160	interest on the unpaid amount of the claim at the rate of 18 percent
161	161	a year as damages, together with reasonable attorney's fees.
162	162	(a-1) In determining the amount of attorney's fees awarded
163	163	under Subsection (a), the trier of fact shall consider:
164	164	(1) the time and labor required, the novelty and
165	165	difficulty of the questions involved, and the skill requisite to
166	166	perform the legal service properly;
167	167	(2) the likelihood, if apparent to the claimant, that
168	168	the acceptance of the particular employment will preclude other
169	169	employment by the attorney;
170	170	(3) the fee customarily charged in the locality for
171	171	similar legal services;
172	172	(4) the amount involved and the results obtained;
173	173	(5) the time limitations imposed by the claimant or by
174	174	the circumstances;
175	175	(6) the nature and length of the professional
176	176	relationship with the claimant;
177	177	(7) the experience, reputation, and ability of the
178	178	attorney performing the services; and
179	179	(8) whether the fee is fixed or contingent on results
180	180	obtained or uncertainty of collection before the legal services
181	181	have been rendered.
182	182	(b) If a suit is filed, interest and [the] attorney's fees
183	183	payable under this section shall be taxed as part of the costs in
184	184	the case.
185	185	(c) The liability for interest and attorney's fees provided
186	186	by this section is the exclusive remedy for a violation of this
187	187	subchapter. This section is not intended to affect a right or
188	188	remedy provided by Chapter 541 or any other law outside this
189	189	subchapter.
190	190	(d) If a claim for a loss has been paid by the insurer and a
191	191	suit under this section arises out of a supplemental claim for that
192	192	loss, interest awarded under this section on the supplemental claim
193	193	begins to accrue on the 60th day after the date the insurer receives
194	194	notice of the supplemental claim.
195	195	SECTION 10. Subtitle A, Title 10, Insurance Code, is
196	196	amended by adding Chapter 1808 to read as follows:
197	197	CHAPTER 1808. CERTAIN CLAIMS FOR PROPERTY DAMAGE
198	198	Sec. 1808.001. DEFINITION. In this chapter, "claim for
199	199	property damage" means a claim to which this chapter applies.
200	200	Sec. 1808.002. APPLICABILITY OF CHAPTER. This chapter
201	201	applies only to a first party claim for damage to or loss of real
202	202	property or tangible personal property made under an insurance
203	203	policy:
204	204	(1) providing coverage for damage to or loss of real
205	205	property; and
206	206	(2) issued by:
207	207	(A) any insurer authorized to write property
208	208	insurance in this state, including:
209	209	(i) an insurance company;
210	210	(ii) a reciprocal or interinsurance
211	211	exchange;
212	212	(iii) a mutual insurance company;
213	213	(iv) a capital stock insurance company;
214	214	(v) a county mutual insurance company;
215	215	(vi) a farm mutual insurance company; or
216	216	(vii) a Lloyd's plan;
217	217	(B) an eligible surplus lines insurer; or
218	218	(C) the FAIR Plan Association.
219	219	Sec. 1808.003. CLAIM FILING PERIOD. (a) Subject to
220	220	Subsection (b), failure to provide notice of a claim for property
221	221	damage by the second anniversary of the date on which the damage to
222	222	or loss of property that is the basis of the claim occurs is an
223	223	absolute bar to recovery on the claim.
224	224	(b) Recovery on a claim for property damage is not barred if
225	225	in an action to recover on the claim the trier of fact determines
226	226	the claimant had good cause not to provide notice of the claim in
227	227	the time prescribed by Subsection (a).
228	228	(c) For the purposes of Subsection (b), "good cause"
229	229	includes military deployment.
230	230	(d) Except as provided by this subsection, nothing in this
231	231	section precludes an insurer from raising any defense available
232	232	under the terms of its policy relating to prompt notice or that is
233	233	otherwise available under the law. If an insurer raises a defense
234	234	based on the fact that notice of claim was not made in accordance
235	235	with the policy terms, the defense applies only on a showing and to
236	236	the extent that the insurer was prejudiced by notice not being made
237	237	in accordance with the policy terms.
238	238	Sec. 1808.004. APPRAISAL STANDARDS. (a) The commissioner
239	239	by rule shall adopt standards for minimum fairness for provisions
240	240	in insurance policies described by Section 1808.002 that provide an
241	241	appraisal process for claims for property damage.
242	242	(b) Standards adopted under this section must:
243	243	(1) take into consideration the expense involved in
244	244	submitting a claim to the appraisal process; and
245	245	(2) provide for a process that:
246	246	(A) is not unnecessarily complicated; and
247	247	(B) is designed to yield a prompt and fair
248	248	resolution of the disputed matter.
249	249	Sec. 1808.005. APPROVAL OF APPRAISAL PROVISIONS. (a) An
250	250	insurer described by Section 1808.002 may submit to the
251	251	commissioner for purposes of Section 1808.006 any policy form used
252	252	or proposed to be used by the insurer to write insurance policies
253	253	described by Section 1808.002 that contains provisions that provide
254	254	an appraisal process for claims for property damage.
255	255	(b) If the commissioner determines the appraisal provisions
256	256	in a policy form submitted under this section comply with the
257	257	minimum standards adopted by the commissioner under Section
258	258	1808.004, the commissioner shall approve the appraisal provisions
259	259	for purposes of Section 1808.006.
260	260	Sec. 1808.006. LIABILITY LIMITATIONS. (a) Except as
261	261	provided by this section, an insurer is not liable in any private
262	262	cause of action under Chapter 541 or 542 relating to or arising from
263	263	a claim for property damage if:
264	264	(1) the policy under which the claim is made contains
265	265	appraisal provisions:
266	266	(A) approved by the commissioner under Section
267	267	1808.005; or
268	268	(B) substantially similar to provisions approved
269	269	by the commissioner under that section;
270	270	(2) the insurer:
271	271	(A) timely accepts the insured's demand for
272	272	appraisal; or
273	273	(B) makes a demand for appraisal not later than
274	274	the 30th day after the later of the date the insurer receives the
275	275	notice of the claim required by Section 541.1541 or 542.0595, as
276	276	applicable, or the date the insurer receives information related to
277	277	the claim timely requested by the insurer in accordance with
278	278	Section 541.1541 for purposes of that section or Section 542.0595,
279	279	as applicable, including notice or requested information received
280	280	after an abatement of an action under Section 541.155 or 542.0595;
281	281	and
282	282	(3) the insurer:
283	283	(A) participates in the appraisal process in good
284	284	faith; and
285	285	(B) pays or tenders, not later than the 15th day
286	286	after the date the insurer receives the appraisal award:
287	287	(i) the full amount of the appraisal award,
288	288	less the amount of any deductible or previous payment on the claim;
289	289	and
290	290	(ii) interest on the amount paid under
291	291	Subparagraph (i) at the rate of 12 percent annually.
292	292	(b) For purposes of this section, if there is a dispute as to
293	293	whether the insurer is to pay actual cash value or replacement cost,
294	294	the insurer must pay or tender an amount under Section (a)(3)(B)
295	295	that is based on the replacement cost.
296	296	(c) Interest to be paid under Subsection (a) accrues
297	297	beginning on the later of:
298	298	(1) the fifth business day after the latest date on
299	299	which the insurer is required to provide notice of acceptance or
300	300	rejection of the relevant claim under Section 542.056; or
301	301	(2) if payment of the relevant claim or part of the
302	302	relevant claim is conditioned on the performance of an act by the
303	303	claimant, the fifth business day after the date the act is
304	304	performed.
305	305	SECTION 11. Section 4102.051(a), Insurance Code, is amended
306	306	to read as follows:
307	307	(a) A person may not act as a public insurance adjuster in
308	308	this state or hold himself or herself out to be a public insurance
309	309	adjuster in this state unless the person holds a license [or
310	310	certificate] issued by the commissioner under Section 4102.053
311	311	or[,] 4102.054[, or 4102.069].
312	312	SECTION 12. Sections 4102.066(a) and (b), Insurance Code,
313	313	are amended to read as follows:
314	314	(a) The commissioner shall collect in advance the following
315	315	nonrefundable fees:
316	316	(1) for a public insurance adjuster license, an
317	317	application fee in an amount to be determined by rule by the
318	318	commissioner;
319	319	(2) for a nonresident public insurance adjuster
320	320	license, an application fee in an amount to be determined by rule by
321	321	the commissioner; and
322	322	(3) for each public insurance adjuster examination, a
323	323	fee in an amount to be determined by rule by the commissioner[; and
324	324	[(4) for a public insurance adjuster trainee
325	325	certificate under Section 4102.069, a registration fee in an amount
326	326	to be determined by rule by the commissioner].
327	327	(b) The amount of the fee for the renewal of a license [or a
328	328	certificate] issued under this chapter shall be determined by rule
329	329	by the commissioner.
330	330	SECTION 13. Section 4102.103, Insurance Code, is amended by
331	331	adding Subsection (d) to read as follows:
332	332	(d) A license holder may not enter into a contract with an
333	333	insured and collect a commission as provided by Section 4102.104
334	334	without the intent to actually perform the services customarily
335	335	provided by a licensed public insurance adjuster for the insured.
336	336	SECTION 14. Section 4102.104(d), Insurance Code, is amended
337	337	to read as follows:
338	338	(d) A public insurance adjuster may not accept any payment
339	339	that violates the provisions of this section [Subsection (c)].
340	340	SECTION 15. Section 4102.158, Insurance Code, is amended by
341	341	amending Subsection (a) and adding Subsections (d), (e), and (f) to
342	342	read as follows:
343	343	(a) A license holder may not:
344	344	(1) participate directly or indirectly in the
345	345	reconstruction, repair, or restoration of damaged property that is
346	346	the subject of a claim adjusted by the license holder; or
347	347	(2) engage in any other activities that may reasonably
348	348	be construed as presenting a conflict of interest, including
349	349	soliciting or accepting any remuneration from, [or] having a
350	350	financial interest in, or deriving any direct or indirect financial
351	351	benefit from, any salvage firm, repair firm, construction firm, or
352	352	other firm that obtains business in connection with any claim the
353	353	license holder has a contract or agreement to adjust.
354	354	(d) A license holder may not directly or indirectly solicit,
355	355	as described by Chapter 38, Penal Code, employment for an attorney
356	356	or enter into a contract with an insured for the primary purpose of
357	357	referring an insured to an attorney and without the intent to
358	358	actually perform the services customarily provided by a licensed
359	359	public insurance adjuster. This section may not be construed to
360	360	prohibit a license holder from recommending a particular attorney
361	361	to an insured.
362	362	(e) A license holder may not act on behalf of an attorney in
363	363	having an insured sign an attorney representation agreement.
364	364	(f) A license holder must become familiar with and at all
365	365	times act in conformance with the criminal barratry statute set
366	366	forth in Section 38.12, Penal Code.
367	367	SECTION 16. Section 4102.160, Insurance Code, is amended to
368	368	read as follows:
369	369	Sec. 4102.160. CERTAIN PAYMENTS PROHIBITED. A license
370	370	holder may not:
371	371	(1) advance money to any potential client or insured;
372	372	or
373	373	(2) pay, allow, or give, or offer to pay, allow, or
374	374	give, directly or indirectly, to a person who is not a licensed
375	375	public insurance adjuster a fee, commission, or other valuable
376	376	consideration for the referral of an insured to the public
377	377	insurance adjuster for purposes of [based on] the insured entering
378	378	into a contract with that public insurance adjuster or for any other
379	379	purpose[; or
380	380	[(3) otherwise offer to pay a fee, commission, or
381	381	other valuable consideration exceeding $100 to a person not
382	382	licensed as a public insurance adjuster for referring an insured to
383	383	the license holder].
384	384	SECTION 17. Subchapter D, Chapter 4102, Insurance Code, is
385	385	amended by adding Section 4102.164 to read as follows:
386	386	Sec. 4102.164. ACCEPTANCE OF REFERRAL PAYMENTS PROHIBITED.
387	387	(a) A licensed public insurance adjuster may not accept a fee,
388	388	commission, or other valuable consideration of any nature,
389	389	regardless of form or amount, in exchange for the referral by a
390	390	licensed public insurance adjuster of an insured to any third-party
391	391	individual or firm, including but not limited to an attorney,
392	392	appraiser, umpire, construction company, contractor, or salvage
393	393	company.
394	394	(b) The commissioner shall adopt rules necessary to
395	395	implement and enforce this section.
396	396	SECTION 18. The heading to Section 27.02, Business &
397	397	Commerce Code, is amended to read as follows:
398	398	Sec. 27.02. CERTAIN OFFERS MADE AND INFORMATION PROVIDED IN
399	399	CONNECTION WITH INSURANCE CLAIMS [FOR EXCESSIVE CHARGES].
400	400	SECTION 19. Section 27.02(a), Business & Commerce Code, is
401	401	amended to read as follows:
402	402	(a) A person who sells goods or services, including a
403	403	contractor, appraiser, estimator, or insurance restoration
404	404	contractor, commits an offense if, in connection with a claim for
405	405	property loss or damage under a property or casualty insurance
406	406	policy:
407	407	(1) the person advertises or promises to [provide the
408	408	good or service and to] pay, waive, absorb, rebate, subsidize,
409	409	credit, or otherwise cover for any reason[:
410	410	[(A)] all or part of any applicable insurance
411	411	deductible or other uninsured amount owed by an insured under the
412	412	terms of the policy; [or
413	413	[(B) a rebate in an amount equal to all or part of
414	414	any applicable insurance deductible;]
415	415	(2) [the good or service is paid for by the consumer
416	416	from proceeds of a property or casualty insurance policy; and
417	417	[(3)] the person knowingly provides or causes to be
418	418	provided to an insurer any estimate or other statement as to the
419	419	cost of repair for the good or service to be provided that has been
420	420	increased, inflated, or otherwise manipulated [charges an amount
421	421	for the good or service that exceeds the usual and customary charge
422	422	by the person for the good or service] by an amount equal to or
423	423	greater than all or part of the applicable insurance deductible or
424	424	other uninsured amount owed by an insured under the policy; or
425	425	(3) the person knowingly provides or causes to be
426	426	provided to an insurer any false information within any estimate,
427	427	bid, proposal, or other statement as to the scope of damage or cost
428	428	of repair for the good or service to be provided [paid by the person
429	429	to an insurer on behalf of an insured or remitted to an insured by
430	430	the person as a rebate].
431	431	SECTION 20. Section 4102.069, Insurance Code, is repealed.
432	432	SECTION 21. (a) The Texas Department of Insurance shall
433	433	conduct a study to determine the effectiveness of the changes in law
434	434	made by this Act. The study must determine:
435	435	(1) whether the changes in law made the affected
436	436	insurance policies more affordable;
437	437	(2) whether the changes in law made the affected
438	438	insurance policies more available;
439	439	(3) whether the changes in law resulted in a change in
440	440	the percentage of home buyers who qualify for home loans;
441	441	(4) the effect of the changes in law on litigation;
442	442	(5) the effect of the changes in law on consumer
443	443	complaints; and
444	444	(6) the effect of the changes in law on policy
445	445	deductibles.
446	446	(b) The commissioner of insurance may request and obtain
447	447	data from insurers as necessary to perform the study required by
448	448	this section.
449	449	(c) Not later than November 1, 2018, the Texas Department of
450	450	Insurance shall submit a written report detailing the findings made
451	451	by the department under this section to the lieutenant governor,
452	452	speaker of the house of representatives, and members of the
453	453	legislature.
454	454	(d) This section expires January 1, 2019.
455	455	SECTION 22. Chapter 541, Insurance Code, as amended by this
456	456	Act, applies only to conduct that occurs on or after the effective
457	457	date of this Act. Conduct that occurs before the effective date of
458	458	this Act is governed by the law as it existed immediately before the
459	459	effective date of this Act, and that law is continued in effect for
460	460	that purpose.
461	461	SECTION 23. Subchapter B, Chapter 542, Insurance Code, as
462	462	amended by this Act, applies only to a claim for which notice of
463	463	claim is provided to an insurer on or after the effective date of
464	464	this Act. A claim for which notice of claim is provided to an
465	465	insurer before the effective date of this Act is governed by the law
466	466	as it existed immediately before the effective date of this Act, and
467	467	that law is continued in effect for that purpose.
468	468	SECTION 24. Chapter 1808, Insurance Code, as added by this
469	469	Act, applies only to a claim under an insurance policy delivered,
470	470	issued for delivery, or renewed on or after January 1, 2016. A
471	471	claim under a policy delivered, issued for delivery, or renewed
472	472	before January 1, 2016, is governed by the law as it existed
473	473	immediately before the effective date of this Act, and that law is
474	474	continued in effect for that purpose.
475	475	SECTION 25. The repeal by this Act of Section 4102.069,
476	476	Insurance Code, does not affect the authority of a person to act
477	477	under a temporary certificate issued by the Texas Department of
478	478	Insurance under that section before the effective date of this Act.
479	479	SECTION 26. Sections 4102.103(d) and 4102.158(d),
480	480	Insurance Code, as added by this Act, apply only to a contract
481	481	entered into or solicitation made on or after the effective date of
482	482	this Act.
483	483	SECTION 27. (a) Except as provided by this section,
484	484	Section 4102.104, Insurance Code, as amended by this Act, applies
485	485	only to payment for a service performed on or after the effective
486	486	date of this Act.
487	487	(b) Payment for a service performed before the effective
488	488	date of this Act or performed after the effective date of this Act
489	489	under a contract entered into before the effective date of this Act
490	490	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 28. Section 4102.160, Insurance Code, as amended by
494	494	this Act, and Section 4102.164, Insurance Code, as added by this
495	495	Act, apply only to a referral made on or after the effective date of
496	496	this Act. A referral made before the effective date of this Act is
497	497	governed by the law as it existed immediately before the effective
498	498	date of this Act, and that law is continued in effect for that
499	499	purpose.
500	500	SECTION 29. The changes in law made by this Act apply only
501	501	to an offense committed on or after the effective date of this Act.
502	502	An offense committed before the effective date of this Act is
503	503	governed by the law in effect when the offense was committed, and
504	504	the former law is continued in effect for that purpose. For
505	505	purposes of this section, an offense was committed before the
506	506	effective date of this Act if any element of the offense occurred
507	507	before that date.
508	508	SECTION 30. This Act takes effect September 1, 2015.