Texas 2017 - 85th Regular

Texas Senate Bill SB718 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Creighton S.B. No. 718
2		-	(Anderson of Dallas)
	1	+	S.B. No. 718
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the regulation of insurance adjusters.
8	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	7		SECTION 1. Section 4101.002(a), Insurance Code, is amended
10	8		to read as follows:
11	9		(a) This chapter does not apply to:
12	10		(1) an attorney who:
13	11		(A) adjusts insurance losses periodically and
14	12		incidentally to the practice of law; and
15	13		(B) does not represent that the attorney is an
16	14		adjuster;
17	15		(2) a salaried employee of an insurer who is not
18	16		regularly engaged in the adjustment, investigation, or supervision
19	17		of insurance claims;
20	18		(3) a person employed only to furnish technical
21	19		assistance to a licensed adjuster, including:
22	20		(A) an attorney;
23	21		(B) an engineer;
24	22		(C) an estimator;
25	23		(D) a handwriting expert;
26	24		(E) a photographer; and
27	25		(F) a private detective;
28	26		(4) an agent or general agent of an authorized insurer
29	27		who processes an undisputed or uncontested loss for the insurer
30	28		under a policy issued by the agent or general agent;
31	29		(5) a person who performs clerical duties and does not
32	30		negotiate with parties to disputed or contested claims;
33	31		(6) a person who handles claims arising under life,
34	32		accident, and health insurance policies;
35	33		(7) a person:
36	34		(A) who is employed principally as:
37	35		(i) a right-of-way agent; or
38	36		(ii) a right-of-way and claims agent;
39	37		(B) whose primary responsibility is the
40	38		acquisition of easements, leases, permits, or other real property
41	39		rights; and
42	40		(C) who handles only claims arising out of
43	41		operations under those easements, leases, permits, or other
44	42		contracts or contractual obligations;
45	43		(8) an individual who is employed to investigate
46	44		suspected fraudulent insurance claims but who does not adjust
47	45		losses or determine claims payments;
48	46		(9) a public insurance adjuster licensed under Chapter
49	47		4102; [or]
50	48		(10) an individual who:
51	49		(A) collects claim information from, or
52	50		furnishes claim information to, an insured or claimant and enters
53	51		data into an automated claims adjudication system; and
54	52		(B) is employed by a licensed independent
55	53		adjuster or its affiliate under circumstances in which no more than
56	54		25 individuals performing duties described by Paragraph (A) are
57	55		supervised by a single licensed independent adjuster or a single
58	56		licensed agent; or
59	57		(11) an individual employed by an insurer or an
60	58		affiliate of the insurer who adjusts a loss not to exceed $500, or
61	59		authorizes a payment on a claim for a loss for which there is a
62	60		specified coverage limit of $500 or less, arising from a
63	61		first-party claim under a property and casualty insurance policy.
64	62		SECTION 2. This Act takes effect September 1, 2017.
	63	+	______________________________ ______________________________
	64	+	President of the Senate Speaker of the House
	65	+	I hereby certify that S.B. No. 718 passed the Senate on
	66	+	April 19, 2017, by the following vote: Yeas 31, Nays 0.
	67	+	______________________________
	68	+	Secretary of the Senate
	69	+	I hereby certify that S.B. No. 718 passed the House on
	70	+	May 19, 2017, by the following vote: Yeas 144, Nays 0, two
	71	+	present not voting.
	72	+	______________________________
	73	+	Chief Clerk of the House
	74	+	Approved:
	75	+	______________________________
	76	+	Date
	77	+	______________________________
	78	+	Governor