Bill Text: TX HB3843 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to creating the criminal offense of prohibited conduct by public insurance adjusters.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to Insurance [HB3843 Detail]
Download: Texas-2015-HB3843-Introduced.html
| By: Thompson of Brazoria | H.B. No. 3843 | |
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| relating to creating the criminal offense of prohibited conduct by | ||
| public insurance adjusters. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 35, Penal Code, is amended by adding | ||
| Section 35.05 to read as follows: | ||
| Sec. 35.05. PROHIBITED CONDUCT BY | ||
| PUBLIC INSURANCE | ||
| ADJUSTERS. (a) In this section, "public insurance adjuster" | ||
| means a license holder under Chapter 4102, Insurance Code. | ||
| (b) A public insurance adjuster commits an offense if the | ||
| public insurance adjuster directly or indirectly solicits | ||
| employment for an attorney licensed in this state in connection | ||
| with an insurance claim or insured loss and without having first | ||
| provided the services customarily undertaken by a public insurance | ||
| adjuster. | ||
| (c) A public insurance adjuster commits an offense if the | ||
| public insurance adjuster, in exchange for referring an insurance | ||
| claim to an attorney at any time: | ||
| (1) receives a fee or other compensation from the | ||
| attorney; or | ||
| (2) splits a fee or other compensation with the | ||
| attorney. | ||
| (d) A public insurance adjuster commits an offense if the | ||
| public insurance adjuster: | ||
| (1) solicits or accepts compensation from, or has a | ||
| financial interest in, any person or entity, including a salvage | ||
| firm, general contractor, subcontractor, repair firm, or other | ||
| firm, that obtains business in connection with an insurance claim | ||
| or insured loss that the public insurance adjuster has a contract or | ||
| agreement to adjust; or | ||
| (2) refers an insured in connection with an insurance | ||
| claim or insured loss to any person or entity in which the public | ||
| insurance adjuster has a financial interest or from whom the public | ||
| insurance adjuster reasonably expects direct or indirect | ||
| compensation as a result of the referral. | ||
| (e) An offense under this section is a Class A misdemeanor. | ||
| SECTION 2. The heading to Chapter 35, Penal Code, is amended | ||
| to read as follows: | ||
| CHAPTER 35. INSURANCE FRAUD AND OTHER PROHIBITED CONDUCT | ||
| SECTION 3. This Act takes effect September 1, 2015. | ||
