87R16055 RDS-F
By: Hull H.B. No. 3964
A BILL TO BE ENTITLED
AN ACT
relating to construction of certain laws prohibiting
discrimination, distinctions, inducements, rebates, and certain
other conduct related to property and casualty insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 1806, Insurance Code, is
amended by adding Section 1806.002 to read as follows:
Sec. 1806.002. CONSTRUCTION OF CERTAIN PROVISIONS;
SERVICES RELATED TO LOSS CONTROL. (a) Nothing in Section 1806.053,
1806.054, 1806.104, 1806.1041, 1806.153, 1806.1541, or 1806.156
may be construed as:
(1) permitting an unfair method of competition or a
false, misleading, or deceptive act or practice under Section
17.46, Business & Commerce Code; or
(2) prohibiting an insurer or an insurer's agent from
offering or giving to an insured or applicant, for free or at a
discounted price in a manner that is not unfairly discriminatory to
insureds or applicants of the same class and of essentially the same
hazard, services or other offerings that relate to loss control of
the risks covered under the insured's policy, subject to Subsection
(b).
(b) The cost to the insurer or the insurer's agent offering
the product or service to any given customer must be reasonable in
comparison to that customer's premiums or insurance coverage for
the policy class.
(c) The commissioner may adopt rules as necessary to
implement this section.
SECTION 2. This Act takes effect September 1, 2021.