3 | 5 | | |
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4 | 6 | | |
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5 | 7 | | A BILL TO BE ENTITLED |
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6 | 8 | | AN ACT |
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7 | 9 | | relating to construction of certain laws prohibiting |
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8 | 10 | | discrimination, distinctions, inducements, rebates, and certain |
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9 | 11 | | other conduct related to property and casualty insurance. |
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10 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 13 | | SECTION 1. Subchapter A, Chapter 1806, Insurance Code, is |
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12 | 14 | | amended by adding Section 1806.002 to read as follows: |
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13 | 15 | | Sec. 1806.002. CONSTRUCTION OF CERTAIN PROVISIONS; |
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14 | 16 | | SERVICES RELATED TO LOSS CONTROL. (a) Nothing in Section 1806.053, |
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15 | 17 | | 1806.054, 1806.104, 1806.1041, 1806.153, 1806.1541, or 1806.156 |
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16 | 18 | | may be construed as: |
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17 | 19 | | (1) permitting an unfair method of competition or a |
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18 | 20 | | false, misleading, or deceptive act or practice under Section |
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19 | 21 | | 17.46, Business & Commerce Code; or |
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20 | 22 | | (2) prohibiting an insurer or an insurer's agent from |
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21 | 23 | | offering or giving to an insured or applicant, for free or at a |
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22 | 24 | | discounted price in a manner that is not unfairly discriminatory to |
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23 | 25 | | insureds or applicants of the same class and of essentially the same |
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24 | 26 | | hazard, services or other offerings that relate to loss control of |
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25 | 27 | | the risks covered under the insured's policy, subject to Subsection |
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26 | 28 | | (b). |
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27 | 29 | | (b) The cost to the insurer or the insurer's agent offering |
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28 | 30 | | the product or service to any given customer must be reasonable in |
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29 | 31 | | comparison to that customer's premiums or insurance coverage for |
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30 | 32 | | the policy class. |
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31 | 33 | | (c) The commissioner may adopt rules as necessary to |
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32 | 34 | | implement this section. |
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33 | 35 | | SECTION 2. This Act takes effect September 1, 2021. |
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