| 1 | 1 | | H.B. No. 1074 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to construction of certain laws prohibiting |
|---|
| 6 | 6 | | discrimination, distinctions, inducements, rebates, and certain |
|---|
| 7 | 7 | | other conduct related to property and casualty insurance. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Subchapter A, Chapter 1806, Insurance Code, is |
|---|
| 10 | 10 | | amended by adding Section 1806.002 to read as follows: |
|---|
| 11 | 11 | | Sec. 1806.002. CONSTRUCTION OF CERTAIN PROVISIONS; |
|---|
| 12 | 12 | | SERVICES RELATED TO LOSS CONTROL. (a) Nothing in Section 1806.053, |
|---|
| 13 | 13 | | 1806.054, 1806.059, 1806.104, 1806.1041, 1806.153, 1806.1541, or |
|---|
| 14 | 14 | | 1806.156 may be construed as: |
|---|
| 15 | 15 | | (1) permitting an unfair method of competition or a |
|---|
| 16 | 16 | | false, misleading, or deceptive act or practice under Section |
|---|
| 17 | 17 | | 17.46, Business & Commerce Code; or |
|---|
| 18 | 18 | | (2) prohibiting an insurer or an insurer's agent from |
|---|
| 19 | 19 | | offering or giving to an insured or applicant, for free or at a |
|---|
| 20 | 20 | | discounted price in a manner that is not unfairly discriminatory to |
|---|
| 21 | 21 | | insureds or applicants of the same class and of essentially the same |
|---|
| 22 | 22 | | hazard, services or other offerings not specified in the insurance |
|---|
| 23 | 23 | | policy that relate to loss control of the risks covered under the |
|---|
| 24 | 24 | | policy, subject to Subsection (b). |
|---|
| 25 | 25 | | (b) The cost to the insurer or the insurer's agent offering |
|---|
| 26 | 26 | | the product or service to any given customer must be reasonable in |
|---|
| 27 | 27 | | comparison to that customer's premiums or insurance coverage for |
|---|
| 28 | 28 | | the policy class. |
|---|
| 29 | 29 | | (c) Other than for purposes related to loss control of risks |
|---|
| 30 | 30 | | covered under the policy, the insurer or insurer's agent offering |
|---|
| 31 | 31 | | the product or service may not provide to another person any data or |
|---|
| 32 | 32 | | other information obtained about the customer from or in connection |
|---|
| 33 | 33 | | with the product or service. |
|---|
| 34 | 34 | | (d) The commissioner may adopt rules as necessary to |
|---|
| 35 | 35 | | implement this section. |
|---|
| 36 | 36 | | SECTION 2. This Act takes effect September 1, 2023. |
|---|
| 37 | 37 | | ______________________________ ______________________________ |
|---|
| 38 | 38 | | President of the Senate Speaker of the House |
|---|
| 39 | 39 | | I certify that H.B. No. 1074 was passed by the House on April |
|---|
| 40 | 40 | | 14, 2023, by the following vote: Yeas 142, Nays 1, 2 present, not |
|---|
| 41 | 41 | | voting. |
|---|
| 42 | 42 | | ______________________________ |
|---|
| 43 | 43 | | Chief Clerk of the House |
|---|
| 44 | 44 | | I certify that H.B. No. 1074 was passed by the Senate on May |
|---|
| 45 | 45 | | 17, 2023, by the following vote: Yeas 31, Nays 0. |
|---|
| 46 | 46 | | ______________________________ |
|---|
| 47 | 47 | | Secretary of the Senate |
|---|
| 48 | 48 | | APPROVED: _____________________ |
|---|
| 49 | 49 | | Date |
|---|
| 50 | 50 | | _____________________ |
|---|
| 51 | 51 | | Governor |
|---|