reglab/housing_qa huggingface dataset:
TX Ins Code § 4101.201 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4101 - Insurance Adjusters|Subchapter E. Enforcement|Section 4101.201. Grounds for Disciplinary Action

Sec. 4101.201.  GROUNDS FOR DISCIPLINARY ACTION.  (a)  The commissioner may discipline an adjuster or deny an application for a license under this chapter under a department rule or any applicable insurance law of this state.(b)  Department rules may specify grounds for discipline that are comparable to grounds for discipline of other license holders under this title.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4101.202 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4101 - Insurance Adjusters|Subchapter E. Enforcement|Section 4101.202. Reinstatement or Reissuance of License

Sec. 4101.202.  REINSTATEMENT OR REISSUANCE OF LICENSE.  The commissioner may not reinstate or reissue the license of a license holder or former license holder whose license has been suspended, revoked, or refused renewal until the commissioner determines that the cause for a suspension, revocation, or refusal of a license issued under this chapter no longer exists.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4101.203 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4101 - Insurance Adjusters|Subchapter E. Enforcement|Section 4101.203. Criminal Penalty

Sec. 4101.203.  CRIMINAL PENALTY.  A person commits an offense if the person violates Section 4101.051 or 4101.102(c).  An offense under this section is a misdemeanor punishable by:(1)  a fine of not more than $500;(2)  confinement in the county jail for not more than six months;  or(3)  both the fine and the confinement.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.|
TX Ins Code § 4101.251 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4101 - Insurance Adjusters|Subchapter F. Prohibited Conduct|Section 4101.251. Certain Roofing-Related Business Prohibited

Sec. 4101.251.  CERTAIN ROOFING-RELATED BUSINESS PROHIBITED.  (a) An insurance adjuster licensed under this chapter may not adjust a loss related to roofing damage on behalf of an insurer if the adjuster is a roofing contractor or otherwise provides roofing services or roofing products for compensation, or is a controlling person in a roofing-related business.(b)  A roofing contractor may not act as an adjuster or advertise to adjust claims for any property for which the contractor is providing or may provide roofing services, regardless of whether the contractor holds a license under this chapter.(c)  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. 1, eff. September 1, 2013.|
TX Ins Code § 4102.001 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter A. General Provisions|Section 4102.001. Definitions

Sec. 4102.001.  DEFINITIONS.  In this chapter:(1)  "License holder" means a person licensed under this chapter as a public insurance adjuster.(2)  "Person" includes an individual, firm, company, association, organization, partnership, limited liability company, or corporation.(3)  "Public insurance adjuster" means:(A)  a person who, for direct, indirect, or any other compensation:(i)  acts on behalf of an insured in negotiating for or effecting the settlement of a claim or claims for loss or damage under any policy of insurance covering real or personal property; or(ii)  on behalf of any other public insurance adjuster, investigates, settles, or adjusts or advises or assists an insured with a claim or claims for loss or damage under any policy of insurance covering real or personal property; or(B)  a person who advertises, solicits business, or holds himself or herself out to the public as an adjuster of claims for loss or damage under any policy of insurance covering real or personal property.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.002 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter A. General Provisions|Section 4102.002. General Exemptions

Sec. 4102.002.  GENERAL EXEMPTIONS.  This chapter does not apply to:(1)  an officer or employee of the federal or state government or of a political subdivision of the state government while the officer or employee is engaged in the performance of official duties;(2)  an attorney engaged in the performance of the attorney's professional duties;(3)  insurers admitted to do business in the state and agents licensed by this state, engaged in the performance of their duties in connection with insurance transactions;(4)  the legal owner of personal property that has been sold under a conditional sales agreement or a mortgagee under the terms of a chattel mortgage;(5)  a salaried office employee who performs exclusively clerical or administrative duties attendant to the disposition of the business regulated by this chapter;(6)  a photographer, estimator, appraiser, engineer, or arbitrator employed by a public insurance adjuster exclusively for the purpose of furnishing technical assistance to the licensed public insurance adjuster;(7)  a private investigator licensed under Chapter 1702, Occupations Code, while acting within the scope of that license; or(8)  a full-time salaried employee of a property owner or a property management company retained by a property owner who:(A)  does not hold the employee out as:(i)  a public insurance adjuster; or(ii)  a building, roofing, or other restoration contractor;(B)  has not been hired to handle a specific claim resulting from a fire or casualty loss; and(C)  acts at the sole discretion of the property owner or management company regarding a claim related to the owner's property.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.003 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter A. General Provisions|Section 4102.003. Certain Construction Regarding Practice of Law Prohibited

Sec. 4102.003.  CERTAIN CONSTRUCTION REGARDING PRACTICE OF LAW PROHIBITED.  This chapter may not be construed as entitling a person who is not licensed by the Supreme Court of Texas to practice law in this state.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.004 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter A. General Provisions|Section 4102.004. Rules

Sec. 4102.004.  RULES.  The commissioner may adopt reasonable and necessary rules to implement this chapter, including rules regarding:(1)  the qualifications of license holders, in addition to those prescribed by this chapter, that are necessary to promote and protect the public interest;(2)  the regulation of the conduct of license holders;(3)  the prescription of fees required by Section 4102.066; and(4)  the regulation of advertisements under Section 4102.113 and the definition of "advertisement" as the term is used in that section.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.005 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter A. General Provisions|Section 4102.005. Code of Ethics

Sec. 4102.005.  CODE OF ETHICS.  The commissioner by rule shall adopt:(1)  a code of ethics for public insurance adjusters that fosters the education of public insurance adjusters concerning the ethical, legal, and business principles that should govern their conduct;(2)  recommendations regarding the solicitation of the adjustment of losses by public insurance adjusters; and(3)  any other principles of conduct or procedures that the commissioner considers necessary and reasonable.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 2.006, eff. September 1, 2011.|
TX Ins Code § 4102.006 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter A. General Provisions|Section 4102.006. Notice to Last Address

Sec. 4102.006.  NOTICE TO LAST ADDRESS.  Notice by registered mail, return receipt requested, sent to the last known address of an applicant for a license, a license holder, or another person to whom notice is required to be sent under this chapter, as reflected by the records of the department, constitutes sufficient notice 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 § 4102.051 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.051. License Required; Exemption

Sec. 4102.051.  LICENSE REQUIRED; EXEMPTION.  (a)  A person may not act as a public insurance adjuster in this state or hold himself or herself out to be a public insurance adjuster in this state unless the person holds a license issued by the commissioner under Section 4102.053 or 4102.054.(b)  A license is not required for:(1)  an attorney licensed to practice law in this state who has complied with Section 4102.053(a)(6); or(2)  a person licensed as a general property and casualty agent or personal lines property and casualty agent under Chapter 4051 while acting for an insured concerning a loss under a policy issued by that agent.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 548 (S.B. 1263), Sec. 2.31, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1178 (S.B. 1060), Sec. 1, eff. September 1, 2015.|
TX Ins Code § 4102.052 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.052. Application

Sec. 4102.052.  APPLICATION.  (a)  An application for a license under this chapter must be on a form prescribed by the commissioner.(b)  The completed application must be notarized and be accompanied by a nonrefundable license application fee, as provided by Section 4102.066, for each application submitted.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.053 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.053. Issuance of License to Resident

Sec. 4102.053.  ISSUANCE OF LICENSE TO RESIDENT.  (a)  The commissioner shall issue a public insurance adjuster license to an applicant on determining that the application meets the requirements of this chapter, the license application fee has been paid, and the applicant is an individual who:(1)  is at least 18 years of age;(2)  is a citizen of the United States or has complied with all federal laws pertaining to employment or to the transaction of business in the United States;(3)  is a resident of this state;(4)  is trustworthy and of a moral character that reasonably ensures that the applicant will conduct the business of a public insurance adjuster fairly and in good faith without detriment to the public;(5)  has not been convicted of a felony in the 10 years preceding filing an application under this chapter or, if convicted of a felony in the 10 years preceding filing an application under this chapter, has received a full pardon from that conviction and is otherwise relieved from any disabilities connected with that conviction;(6)  has sufficient experience or training relating to the assessment of:(A)  real and personal property values; and(B)  physical loss of or damage to real or personal property that may be the subject of insurance and claims under insurance;(7)  is sufficiently informed as to the terms and effects of the types of insurance contracts that provide coverage on real and personal property;(8)  possesses knowledge and experience adequate to enable the applicant to engage in the business of a public insurance adjuster fairly and without injury to the public or any member of the public with whom the applicant may have business as a public insurance adjuster;(9)  has successfully passed the license examination prescribed under Section 4102.057 or is exempt from the examination requirement under this chapter;(10)  has complied with the financial responsibility requirements imposed under Section 4102.105; and(11)  has complied with any other requirements under applicable state law, including provision of a complete set of fingerprints on request, as provided by Section 4001.103.(b)  The commissioner may issue a resident public insurance adjuster license to an applicant who has been convicted of a felony 11 or more years before filing an application under this chapter if the commissioner determines that the applicant is qualified to act as a public insurance adjuster and that the circumstances surrounding the applicant's conviction do not warrant the denial of a license issued 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 § 4102.054 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.054. Issuance of License to Nonresident

Sec. 4102.054.  ISSUANCE OF LICENSE TO NONRESIDENT.(a)  The commissioner may issue a nonresident license to an applicant for a public insurance adjuster license who is not a permanent resident of this state on determining that the application meets the requirements of this chapter, the nonresident license application fee has been paid, and the applicant is an individual who:(1)  is at least 18 years of age;(2)  except as provided by Section 4102.058, has passed, to the satisfaction of the commissioner, an examination approved by the commissioner and of sufficient scope as prescribed by Section 4102.057;(3)  is self-employed as a public insurance adjuster or associated with or employed by a public insurance adjusting firm or other public insurance adjuster;(4)  is trustworthy and of a moral character that reasonably ensures that the applicant will conduct the business of a public insurance adjuster fairly and in good faith without detriment to the public;(5)  has never been convicted of a felony or, if convicted of a felony, has received a full pardon from that conviction and is otherwise relieved from any disabilities connected with that conviction;(6)  has sufficient experience or training relating to the assessment of:(A)  real and personal property values; and(B)  physical loss of or damage to real or personal property that may be the subject of insurance and claims under insurance;(7)  is sufficiently informed as to the terms and effects of the types of insurance contracts that provide coverage on real and personal property;(8)  possesses knowledge and experience adequate to enable the applicant to engage in the business of a public insurance adjuster fairly and without injury to the public or any member of the public with whom the applicant may have business as a public insurance adjuster;(9)   files proof of financial responsibility in accordance with Section 4102.105; and(10)  complies with any other requirements under applicable state law, including provision of a complete set of fingerprints on request, as provided by Section 4001.103.(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 22(8), eff. September 1, 2021.(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 22(8), eff. September 1, 2021.|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. 21, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 22(8), eff. September 1, 2021.|
TX Ins Code § 4102.055 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.055. Issuance of License to Business Entity Organized in This State

Sec. 4102.055.  ISSUANCE OF LICENSE TO BUSINESS ENTITY ORGANIZED IN THIS STATE.  (a)  The commissioner shall adopt rules necessary to issue a public insurance adjuster license to a business entity organized under the laws of this state.(b)  Rules adopted by the commissioner under Subsection (a) must:(1)  be analogous to the provisions of Chapter 4001 that relate to licensure of corporations and partnerships; and(2)  contain qualifications for the issuance of a public insurance adjuster license analogous to the qualifications described by Section 4102.053.(c)  The commissioner may not issue a public insurance adjuster license to a business entity described by Subsection (a) unless at least one officer, active partner, or other managing individual of the business entity, and each individual performing acts of a public insurance adjuster on behalf of the business entity in this state, are individually licensed by the department under Section 4102.053 separately from the business entity.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.056 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.056. Issuance of License to Business Entity Not Organized in This State

Sec. 4102.056.  ISSUANCE OF LICENSE TO BUSINESS ENTITY NOT ORGANIZED IN THIS STATE.  (a)  The commissioner shall adopt rules necessary to issue a public insurance adjuster license to a business entity organized under the laws of another state or the United States.(b)  Rules adopted by the commissioner under Subsection (a) must:(1)  be analogous to the provisions of Chapter 4001 that relate to issuance of licenses to business entities; and(2)  contain:(A)  qualifications for the issuance of a public insurance adjuster license analogous to the qualifications described by Section 4102.054; and(B)  requirements for the performance of the duties and powers of a public insurance adjuster analogous to the requirements described by Section 4102.054.(c)  The department may not issue a public insurance adjuster license to a business entity described by Subsection (a) unless at least one officer, active partner, or other managing individual of the business entity, and each individual performing acts of a public insurance adjuster on behalf of the business entity in this state, are individually licensed by the department under Section 4102.054 separately from the business entity.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.057 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.057. Examination Required

Sec. 4102.057.  EXAMINATION REQUIRED.  (a)  Except as otherwise provided by this chapter, each applicant for a license as a public insurance adjuster must, before the issuance of the license, take and pass an examination to the satisfaction of the commissioner.(b)  The examination required by this section must be prescribed by the commissioner and must be of sufficient scope to reasonably test the applicant's:(1)  knowledge of basic insurance theory, essential elements of contracts, and claims ethics;(2)  technical competence in the handling of the types of claims for which the applicant is being tested; and(3)  knowledge of:(A)  Chapter 541;(B)  Subchapters A and B, Chapter 542;(C)  Chapter 547;(D)  the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code);(E)  analogous laws as specified by the commissioner;(F)  statutory provisions related to the unauthorized practice of law contained in Subchapter G, Chapter 81, Government Code; and(G)  the duties and responsibilities of public insurance adjusters under the law.(c)  The commissioner shall, within a reasonable period not to exceed 30 days after the date of the examination, transmit the results of the examination and the action taken on the application to the applicant.(d)  An examination is not required for the renewal of a license issued 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 § 4102.058 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.058. Exemption From Examination Requirement

Sec. 4102.058.  EXEMPTION FROM EXAMINATION REQUIREMENT.  The examination requirement imposed by Section 4102.057 does not apply to:(1)  an applicant who is licensed as a resident public insurance adjuster in the applicant's state of residence, if the state requires the passing of a written examination in order to obtain the license and a reciprocal agreement with the appropriate official of that state has been entered into by the department; or(2)  an applicant who is licensed as a nonresident public insurance adjuster in a state other than the applicant's state of residence, if the state of licensure requires the passing of a written examination in order to obtain the license and a reciprocal agreement with the appropriate official of the state of licensure has been entered into by the department.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.060 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.060. Examination Form and Time

Sec. 4102.060.  EXAMINATION FORM AND TIME.  (a)  The answers of an examinee to an examination required under this chapter shall be made by the examinee in writing.  A written examination may be supplemented by oral examination.(b)  The examination shall be given at times and places within the state as the commissioner considers necessary to reasonably serve the convenience of both the commissioner and examinees.(c)  The commissioner may require a waiting period of reasonable duration before an examinee who fails the examination, but who is otherwise qualified, may be reexamined.(d)  The scheduling and administration of examinations required under Section 4102.057 shall be effected by persons approved by the commissioner.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|