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