reglab/housing_qa huggingface dataset:
TX Ins Code § 4102.114 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter C. Powers and Duties|Section 4102.114. Duties of Nonresident License Holder

Sec. 4102.114.  DUTIES OF NONRESIDENT LICENSE HOLDER.  (a)  A nonresident license holder shall comply with all of the requirements of this chapter in performing any of the activities of a public insurance adjuster in this state, including the requirements on record maintenance in Section 4102.110.(b)  The failure of a nonresident license holder, as determined by the commissioner after notice and an opportunity for a hearing, to properly maintain records in accordance with this chapter and make them available to the department on request constitutes grounds for the suspension of the nonresident license issued under this chapter, in accordance with Section 4102.201.(c)  Each individual who holds a nonresident license shall comply with all other laws and rules of this state applicable to public insurance adjusters, including the law governing the collection of state sales tax as appropriate for services performed under this chapter.(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 22(9), eff. September 1, 2021.(e)  A nonresident license holder is subject to Section 4102.208(b), relating to failure to maintain the financial responsibility requirements.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.Amended by: Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 22(9), eff. September 1, 2021.|
TX Ins Code § 4102.151 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter D. Prohibited Conduct|Section 4102.151. Solicitation Prohibited During Natural Disaster

Sec. 4102.151.  SOLICITATION PROHIBITED DURING NATURAL DISASTER.  A license holder may not solicit or attempt to solicit a client for employment during the progress of a loss-producing natural disaster occurrence.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.152 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter D. Prohibited Conduct|Section 4102.152. Solicitation Prohibited During Certain Hours

Sec. 4102.152.  SOLICITATION PROHIBITED DURING CERTAIN HOURS.  (a)  A license holder may not solicit or attempt to solicit business on a loss or a claim in person, by telephone, or in any other manner at any time except between the hours of 9 a.m. and 9 p.m. on a weekday or a Saturday and between noon and 9 p.m. on a Sunday.(b)  This section does not prohibit a license holder from accepting phone calls or personal visits during the prohibited hours from an insured on the insured's initiation.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.153 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter D. Prohibited Conduct|Section 4102.153. Certain Reports and Disclosures Prohibited

Sec. 4102.153.  CERTAIN REPORTS AND DISCLOSURES PROHIBITED.  A license holder may not knowingly make any false report to the license holder's employer or client and may not divulge to any other person, except as the law may require, any information obtained except at the direction of the employer or the client for whom the information is obtained.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.154 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter D. Prohibited Conduct|Section 4102.154. Use of Badge Prohibited

Sec. 4102.154.  USE OF BADGE PROHIBITED.  A license holder may not use a badge in connection with the official activities of the license holder's business.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.155 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter D. Prohibited Conduct|Section 4102.155. Certain Delegation Prohibited

Sec. 4102.155.  CERTAIN DELEGATION PROHIBITED.  A license holder may not permit an employee or agent, in the employee's or agent's own name, to advertise, solicit or engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.156 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter D. Prohibited Conduct|Section 4102.156. Practice of Law Prohibited

Sec. 4102.156.  PRACTICE OF LAW PROHIBITED.  A license holder may not render services or perform acts that constitute the practice of law, including the giving of legal advice to any person in the license holder's capacity as a public insurance adjuster.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.157 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter D. Prohibited Conduct|Section 4102.157. Certain Business Prohibited

Sec. 4102.157.  CERTAIN BUSINESS PROHIBITED.  A license holder may not solicit or attempt to solicit business, directly or indirectly, or act in any manner on a bodily injury loss covered by a life, health, or accident insurance policy or on any claim for which the client is not an insured under the insurance policy.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.158 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter D. Prohibited Conduct|Section 4102.158. Conflicts of Interest Prohibited

Sec. 4102.158.  CONFLICTS OF INTEREST PROHIBITED.  (a)  A license holder may not:(1)  participate directly or indirectly in the reconstruction, repair, or restoration of damaged property that is the subject of a claim adjusted by the license holder; or(2)  engage in any other activities that may reasonably be construed as presenting a conflict of interest, including soliciting or accepting any remuneration from, having a financial interest in, or deriving any direct or indirect financial benefit from, any salvage firm, repair firm, construction firm, or other firm that obtains business in connection with any claim the license holder has a contract or agreement to adjust.(b)  A license holder may not, without the knowledge and consent of the insured in writing, acquire an interest in salvaged property that is the subject of a claim adjusted by the license holder.(c)  A license holder may not represent an insured on a claim or charge a fee to an insured while representing the insurance carrier against which the claim is made.(d)  A license holder may not directly or indirectly solicit, as described by Chapter 38, Penal Code, employment for an attorney or enter into a contract with an insured for the primary purpose of referring an insured to an attorney and without the intent to actually perform the services customarily provided by a licensed public insurance adjuster.  This section may not be construed to prohibit a license holder from recommending a particular attorney to an insured.(e)  A license holder may not act on behalf of an attorney in having an insured sign an attorney representation agreement.(f)  A license holder must become familiar with and at all times act in conformance with the criminal barratry statute set forth in Section 38.12, Penal Code.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1178 (S.B. 1060), Sec. 5, eff. September 1, 2015.|
TX Ins Code § 4102.159 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter D. Prohibited Conduct|Section 4102.159. Misrepresentation Prohibited

Sec. 4102.159.  MISREPRESENTATION PROHIBITED.  A license holder may not use any misrepresentation to solicit a contract or agreement to adjust a claim.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.160 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter D. Prohibited Conduct|Section 4102.160. Certain Payments Prohibited

Sec. 4102.160.  CERTAIN PAYMENTS PROHIBITED.  A license holder may not:(1)  advance money to any potential client or insured; or(2)  pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, to a person who is not a licensed public insurance adjuster a fee, commission, or other valuable consideration for the referral of an insured to the public insurance adjuster for purposes of the insured entering into a contract with that public insurance adjuster or for any other purpose.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1178 (S.B. 1060), Sec. 6, eff. September 1, 2015.|
TX Ins Code § 4102.161 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter D. Prohibited Conduct|Section 4102.161. Certain Representations Prohibited

Sec. 4102.161.  CERTAIN REPRESENTATIONS PROHIBITED.  A license holder may not use any letterhead, advertisement, or other printed matter, or use any other means, to represent that the license holder is an instrumentality of the federal government, of a state, or of a political subdivision of a state.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.162 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter D. Prohibited Conduct|Section 4102.162. Use of Different Name Prohibited

Sec. 4102.162.  USE OF DIFFERENT NAME PROHIBITED.  A license holder may not use a name different from the name under which the license holder is currently licensed in an advertisement, solicitation, or contract for business unless the name is used under a valid assumed name certificate as provided by Chapter 71, Business & Commerce Code.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.Amended by: Acts 2019, 86th Leg., R.S., Ch. 836 (H.B. 2659), Sec. 1, eff. September 1, 2019.|
TX Ins Code § 4102.163 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter D. Prohibited Conduct|Section 4102.163. Certain Contractor Business Prohibited

Sec. 4102.163.  CERTAIN CONTRACTOR BUSINESS PROHIBITED.  (a)  A contractor may not act as a public adjuster or advertise to adjust claims for any property for which the contractor is providing or may provide contracting services, regardless of whether the contractor:(1)  holds a license under this chapter; or(2)  is authorized to act on behalf of the insured under a power of attorney or other agreement.(b)  The commissioner shall adopt rules necessary to implement and enforce this section.|Added by Acts 2013, 83rd Leg., R.S., Ch. 903 (H.B. 1183), Sec. 2, eff. September 1, 2013.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1100 (H.B. 2103), Sec. 1, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 1100 (H.B. 2103), Sec. 2, eff. September 1, 2019.|
TX Ins Code § 4102.164 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter D. Prohibited Conduct|Section 4102.164. Acceptance of Referral Payments Prohibited

Sec. 4102.164.  ACCEPTANCE OF REFERRAL PAYMENTS PROHIBITED.  (a)  A licensed public insurance adjuster may not accept a fee, commission, or other valuable consideration of any nature, regardless of form or amount, in exchange for the referral by a licensed public insurance adjuster of an insured to any third-party individual or firm, including an attorney, appraiser, umpire, construction company, contractor, or salvage company.(b)  The commissioner shall adopt rules necessary to implement and enforce this section.|Added by Acts 2015, 84th Leg., R.S., Ch. 1178 (S.B. 1060), Sec. 7, eff. September 1, 2015.|
TX Ins Code § 4102.201 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter E. Enforcement|Section 4102.201. Denial, Suspension, or Revocation of License

Sec. 4102.201.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.  (a)  The commissioner may deny an application for a license under this chapter or suspend or revoke a license issued under this chapter on the basis of:(1)  a violation of this chapter or of any rule adopted by the commissioner under this chapter;(2)  a cause that constitutes grounds for denial of an original license;(3)  misrepresentation or fraud in obtaining a license;(4)  failure to pass a required license examination;(5)  the misappropriation or conversion of money required to be held in a fiduciary capacity;(6)  material misrepresentation, with intent to deceive, of the terms of an insurance contract;(7)  engaging in a fraudulent transaction;(8)  demonstrated incompetence or untrustworthiness in the conduct of the license holder's affairs under the license, as determined by the commissioner;(9)  conviction of a felony by a final judgment in a court of competent jurisdiction; or(10)  material misrepresentation, with intent to deceive, of the person's status as a public insurance adjuster.(b)  If the department proposes to refuse to issue an original license under this chapter or to suspend, revoke, or refuse to renew a license under this chapter, the person affected is entitled to notice and hearing as provided by Section 4005.104.(c)  A final order entered as a result of a hearing under this section may be appealed to a court of competent jurisdiction as provided by Subchapter D, Chapter 36.(d)  An order suspending a license issued under this chapter must specify the period of the suspension not to exceed 12 months.(e)  The holder of a license that is revoked or suspended for cause shall surrender the license to the commissioner on demand.(f)  The commissioner may issue a license or reinstate a suspended or revoked license on a finding that the cause for suspension, revocation, or refusal no longer exists.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.202 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter E. Enforcement|Section 4102.202. Application for License After Suspension, Denial of Application, or Revocation of License

Sec. 4102.202.  APPLICATION FOR LICENSE AFTER SUSPENSION, DENIAL OF APPLICATION, OR REVOCATION OF LICENSE.  (a)  A person whose license is suspended under this chapter may apply for a new license only after the expiration of the period of suspension.(b)  A person whose license is revoked or whose application for a license is denied, except for a failure to submit a completed application, may not apply for a new license until the fifth anniversary of:(1)  the effective date of the denial or revocation; or(2)  if the applicant or license holder seeks judicial review of the department's action, the date of the final court order or decree affirming that action.(c)  The commissioner may deny a timely application filed under Subsection (b) if the applicant does not show good cause why the denial of the previous license application or the revocation of the license should not be considered a bar to the issuance of the new license.(d)  Subsection (c) does not apply to an applicant whose license application was denied for failure by the applicant to:(1)  pass the required written examination; or(2)  submit a properly completed license application.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.203 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter E. Enforcement|Section 4102.203. Disciplinary Proceeding for Conduct Committed Before Surrender or Forfeiture of License

Sec. 4102.203.  DISCIPLINARY PROCEEDING FOR CONDUCT COMMITTED BEFORE SURRENDER OR FORFEITURE OF LICENSE.  (a)  The department may institute a disciplinary proceeding against a former license holder for conduct that the license holder committed before the effective date of a voluntary surrender or automatic forfeiture of the license.(b)  In a proceeding under this section, the fact that the license holder has surrendered or forfeited the license does not affect the license holder's culpability for the conduct.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.204 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter E. Enforcement|Section 4102.204. Administrative Penalty

Sec. 4102.204.  ADMINISTRATIVE PENALTY.  The commissioner, in lieu of suspending or revoking a license for a violation of this chapter or a rule adopted under this chapter, may impose on a license holder an administrative penalty in an amount not to exceed $2,000 per violation if the commissioner determines that that action better serves the purposes of this chapter.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.205 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter E. Enforcement|Section 4102.205. Automatic Fines

Sec. 4102.205.  AUTOMATIC FINES.  Section 4005.109 applies to violations of this chapter.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.206 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter E. Enforcement|Section 4102.206. Criminal Penalty; Sanctions

Sec. 4102.206.  CRIMINAL PENALTY; SANCTIONS.  (a)  A person commits an offense if the person violates this chapter.  An offense under this subsection is a Class B misdemeanor.(b)  If conduct that constitutes an offense under Subsection (a) also constitutes an offense under any other law, the person committing the offense may be prosecuted under this section or the other law.(c)  In addition to the criminal penalties imposed under Subsection (a), a person in violation of this chapter is subject to the sanctions provided by Sections 541.108-541.110, as if the person had violated an order under those sections.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.207 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter E. Enforcement|Section 4102.207. Insured Option to Void Contract

Sec. 4102.207.  INSURED OPTION TO VOID CONTRACT.  (a)  Any contract for services regulated by this chapter that is entered into by an insured with a person who is in violation of Section 4102.051 may be voided at the option of the insured.(b)  If a contract is voided under this section, the insured is not liable for the payment of any past services rendered, or future services to be rendered, by the violating person under that contract or otherwise.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.208 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter E. Enforcement|Section 4102.208. Emergency Cease and Desist Order

Sec. 4102.208.  EMERGENCY CEASE AND DESIST ORDER.  (a)  If the commissioner believes that a person is engaging in acts or practices in violation of Section 4102.051, the commissioner ex parte may issue an emergency cease and desist order, in accordance with Subchapter B, Chapter 83, requiring the person to immediately cease and desist from engaging further in the acts or practices.(b)  In addition to any other remedy available under this code, if the commissioner believes that a person is committing a violation by failing to maintain the financial responsibility requirements of Section 4102.105, the commissioner ex parte may issue an emergency cease and desist order and suspend the person's license, in accordance with Subchapter B, Chapter 83, requiring the person to immediately cease and desist from engaging in the activities of a public insurance adjuster.(c)  A license suspended under Subsection (b) may be reinstated on the approval of an application for reinstatement filed with the commissioner, in the form prescribed by the commissioner, with proof that the financial responsibility requirements of Section 4102.105 have been met.  The commissioner may deny the application for reinstatement:(1)  for any reason that would justify a refusal to issue, or a suspension or revocation of, a license; or(2)  for the performance by the applicant of any practice for which a license under this chapter is required while the applicant is under suspension for failure to keep the financial responsibility requirements in force.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|