By: Hull (Senate Sponsor - Zaffirini) H.B. No. 1074
(In the Senate - Received from the House April 17, 2023;
April 18, 2023, read first time and referred to Committee on
Business & Commerce; May 5, 2023, reported favorably by the
following vote: Yeas 10, Nays 0; May 5, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
SchwertnerX
KingX
BirdwellX
CampbellX
CreightonX
JohnsonX
KolkhorstX
MenéndezX
MiddletonX
NicholsX
ZaffiriniX
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, 1806.059, 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 not specified in the insurance
policy that relate to loss control of the risks covered under the
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) Other than for purposes related to loss control of risks
covered under the policy, the insurer or insurer's agent offering
the product or service may not provide to another person any data or
other information obtained about the customer from or in connection
with the product or service.
(d) The commissioner may adopt rules as necessary to
implement this section.
SECTION 2. This Act takes effect September 1, 2023.
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