Bill Text: TX HB1074 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to construction of certain laws prohibiting discrimination, distinctions, inducements, rebates, and certain other conduct related to property and casualty insurance.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-09 - Effective on 9/1/23 [HB1074 Detail]
Download: Texas-2023-HB1074-Enrolled.html
H.B. No. 1074 |
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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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1074 was passed by the House on April | ||
14, 2023, by the following vote: Yeas 142, Nays 1, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1074 was passed by the Senate on May | ||
17, 2023, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |