reglab/housing_qa huggingface dataset:
TX Ins Code § 4102.061 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.061. License Form

Sec. 4102.061.  LICENSE FORM.  The commissioner shall prescribe the form of the licenses issued under this chapter.  Each license must contain:(1)  the name of the public insurance adjuster and the address of the public insurance adjuster's place of business;(2)  the date of issuance and the date of expiration of the license; and(3)  if applicable, the name of the firm with which the public insurance adjuster is employed at the time the license is issued.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.062 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.062. Expiration

Sec. 4102.062.  EXPIRATION.  A license issued under this chapter expires as provided by Chapter 4003 unless suspended or revoked by the commissioner.|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. 1172 (S.B. 876), Sec. 17, eff. September 1, 2015.|
TX Ins Code § 4102.063 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.063. Notice of Expiration

Sec. 4102.063.  NOTICE OF EXPIRATION.  At least 30 days before the expiration of a license, the department shall send written notice of the impending license expiration to the license holder at the license holder's last known mailing address according to the records of the department.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.064 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.064. Renewal of Unexpired License

Sec. 4102.064.  RENEWAL OF UNEXPIRED LICENSE.  (a)  A license holder may renew a license that has not expired and has not been suspended or revoked by filing with the department a properly completed renewal application, in the form prescribed by the commissioner, that demonstrates continued compliance with the license requirements imposed under this chapter or adopted by rule by the commissioner.  The completed renewal application must be accompanied by:(1)  a renewal application fee in the amount determined by the commissioner under Section 4102.066(b); and(2)  evidence of compliance with the continuing education requirements imposed under Section 4102.109.(b)  A license holder must submit the completed renewal application, evidence of compliance with the continuing education requirements, and the renewal application fee to the commissioner not later than the 30th day before the second anniversary date of the license.(c)  On the filing of a completed renewal application, a renewal application fee, and, if applicable, evidence of compliance with the continuing education requirements, the original license continues in force until:(1)  the department issues the renewal license;(2)  the license is not renewed under Section 4004.055; or(3)  the commissioner issues an order revoking the license.|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. 1172 (S.B. 876), Sec. 18, eff. September 1, 2015.|
TX Ins Code § 4102.065 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.065. Renewal of Expired License

Sec. 4102.065.  RENEWAL OF EXPIRED LICENSE.  (a)  A person whose license has been expired for 90 days or less may renew the license by:(1)  submitting to the department:(A)  a completed renewal application in the form prescribed by the commissioner; and(B)  evidence of compliance with the continuing education requirements and eligibility for renewal under Section 4004.055; and(2)  paying to the department the required renewal application fee and an additional fee that is equal to one-half of the renewal application fee for the license.(b)  Except as provided by Section 4004.055, a person whose license has been expired for more than 90 days but less than one year may not renew the license but is entitled to a new license without taking the applicable examination if the person submits to the department:(1)  a new application;(2)  evidence of compliance with the continuing education requirements;(3)  the license application fee; and(4)  an additional fee equal to one-half of the license application fee.(c)  A person whose license has been expired for one year or more may not renew the license.  The person may obtain a new license by:(1)  submitting to reexamination, if examination is required for original issuance of the license;(2)  complying with the requirements and procedures for obtaining an original license; and(3)  if applicable, submitting evidence of completion of any outstanding continuing education requirement and payment of any associated fine related to the expired license.(d)  The department may renew without reexamination an expired license of a person who was licensed in this state, moved to another state, and is currently licensed and has been in continual practice in the other state up to and including the date of the application.  The person must pay to the department a fee that is equal to the license application fee.|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. 1172 (S.B. 876), Sec. 19, eff. September 1, 2015.|
TX Ins Code § 4102.066 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.066. Fees

Sec. 4102.066.  FEES.(a)  The commissioner shall collect in advance the following nonrefundable fees:(1)  for a public insurance adjuster license, an application fee in an amount to be determined by rule by the commissioner;(2)  for a nonresident public insurance adjuster license, an application fee in an amount to be determined by rule by the commissioner; and(3)  for each public insurance adjuster examination, a fee in an amount to be determined by rule by the commissioner.(b)  The amount of the fee for the renewal of a license issued under this chapter shall be determined by rule by the commissioner.(c)  The commissioner shall set the fees in amounts reasonable and necessary to implement this chapter.|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. 2, eff. September 1, 2015.|
TX Ins Code § 4102.067 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.067. Use of Fees

Sec. 4102.067.  USE OF FEES.  (a)  When collected, the fees authorized by this chapter shall be deposited with the comptroller to the credit of the Texas Department of Insurance operating account.(b)  The department may use any portion of the fees collected to:(1)  enforce this chapter;(2)  employ persons as the department considers necessary to investigate and make reports regarding alleged violations of this code and misconduct on the part of public insurance adjusters; and(3)  pay the salaries and expenses of persons and office employees and other expenses necessary to enforce this chapter.(c)  A person employed by the department under this section may examine under oath any person for the purpose of gathering information and evidence and may have the information and evidence reduced to writing.(d)  All expenses incurred under this section shall be paid from the fees collected 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 § 4102.068 (2021)
2021 Texas Statutes|Insurance Code|Title 13 - Regulation of Professionals|Subtitle C - Adjusters|Chapter 4102 - Public Insurance Adjusters|Subchapter B. License Requirements|Section 4102.068. License Not Assignable

Sec. 4102.068.  LICENSE NOT ASSIGNABLE.  A license issued under this chapter is not assignable.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.101 (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 4102.101. General Authority

Sec. 4102.101.  GENERAL AUTHORITY.  (a)  A license issued under this chapter authorizes the adjusting of claims on behalf of insureds for fire and allied coverages, burglary, flood, and all other property claims, both real and personal, including loss of income, but only when the client is an insured under the insurance policy.(b)  This chapter does not limit or diminish the authority of a license holder to investigate or adjust a loss to less than the authority for that purpose that may be exercised by an adjuster licensed under Chapter 4101.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.102 (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 4102.102. Compliance With Insurance Contract

Sec. 4102.102.  COMPLIANCE WITH INSURANCE CONTRACT.  A license holder shall prepare each claim for an insured represented by the license holder in accordance with the terms and conditions of the contract of insurance under which recovery is sought.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.103 (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 4102.103. Contract for Services Required

Sec. 4102.103.  CONTRACT FOR SERVICES REQUIRED.  (a)  A license holder may not, directly or indirectly, act within this state as a public insurance adjuster without having first entered into a contract, in writing, on a form approved by the commissioner, executed in duplicate by the license holder and the insured or the insured's duly authorized representative.  A license holder may not use any form of contract that is not approved by the commissioner.(b)  The contract must contain a provision allowing the client to rescind the contract by written notice to the license holder within 72 hours of signature, and must include a prominently displayed notice in 12-point boldface type that states "WE REPRESENT THE INSURED ONLY."  The commissioner by rule may require additional prominently displayed notice requirements in the contract as the commissioner considers necessary.(c)  One copy of the contract shall be kept on file in this state by the license holder and must be available at all times for inspection, without notice, by the commissioner or the commissioner's duly authorized representative.(d)  A license holder may not enter into a contract with an insured and collect a commission as provided by Section 4102.104 without the intent to actually perform the services customarily provided by a licensed public insurance adjuster for the insured.|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. 3, eff. September 1, 2015.|
TX Ins Code § 4102.104 (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 4102.104. Commissions

Sec. 4102.104.  COMMISSIONS.  (a)  Except as provided by Subsection (b), a license holder may receive a commission for service provided under this chapter consisting of an hourly fee, a flat rate, a percentage of the total amount paid by an insurer to resolve a claim, or another method of compensation.  The total commission received may not exceed 10 percent of the amount of the insurance settlement on the claim.(b)  A license holder may not receive a commission consisting of a percentage of the total amount paid by an insurer to resolve a claim on a claim on which the insurer, not later than 72 hours after the date on which the loss is reported to the insurer, either pays or commits in writing to pay to the insured the policy limit of the insurance policy in accordance with Section 862.053.  The license holder is entitled to reasonable compensation from the insured for services provided by the license holder on behalf of the insured, based on the time spent on a claim that is subject to this subsection and expenses incurred by the license holder, until the claim is paid or the insured receives a written commitment to pay from the insurer.(c)  Except for the payment of a commission by the insured, all persons paying any proceeds of a policy of insurance or making any payment affecting an insured's rights under a policy of insurance must:(1)  include the insured as a payee on the payment draft or check; and(2)  require the written signature and endorsement of the insured on the payment draft or check.(d)  A public insurance adjuster may not accept any payment that violates the provisions of this section.(e)  Notwithstanding any authorization the insured may have given to a public insurance adjuster, a public insurance adjuster may not sign and endorse any payment draft or check on behalf of an insured.|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. 4, eff. September 1, 2015.|
TX Ins Code § 4102.105 (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 4102.105. Financial Responsibility

Sec. 4102.105.  FINANCIAL RESPONSIBILITY.  (a)  As a continuing condition of licensure, a public insurance adjuster must file proof of financial responsibility with respect to transactions with insureds under this chapter in an amount determined by the commissioner by rule.  The financial responsibility must include the ability to pay sums the public insurance adjuster is obligated to pay under any judgment against the public insurance adjuster by an insured, based on an error, omission, fraud, negligent act, or unfair practice of the public insurance adjuster or any person for whose acts the public insurance adjuster is legally liable in the transaction of the public insurance adjuster's business under this code.(b)  In determining the amount of the financial responsibility requirement, the commissioner shall consider the nature of the obligation, other financial security requirements under this code, and financial security requirements adopted for public insurance adjusters in other states.  In determining the types of financial responsibility required, the commissioner may consider a surety bond or a professional liability policy or similar policy or contract of professional liability coverage acceptable to the commissioner.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.106 (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 4102.106. Place of Business

Sec. 4102.106.  PLACE OF BUSINESS.  (a)  Each license holder who is a resident of this state or a business entity organized under the laws of this state shall:(1)  maintain a place of business in this state that is accessible to the general public; and(2)  maintain in the place of business the records required by this chapter.(b)  The address of the place of business must appear on the face of the license.(c)  The license holder shall promptly notify the commissioner of any change in the address of the license holder's place of business.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.107 (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 4102.107. Agent for Service of Process

Sec. 4102.107.  AGENT FOR SERVICE OF PROCESS.  (a)  Each nonresident license holder shall maintain an agent in this state for service of process.(b)  The name and address of the nonresident license holder's out-of-state business address and the name and address of the agent must appear on the face of the license.(c)  The nonresident license holder shall promptly notify the department of any change in the address of the license holder's place of business or in the agent for service of process.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.108 (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 4102.108. Posting of License

Sec. 4102.108.  POSTING OF LICENSE.  A license issued under this chapter must at all times be posted in a conspicuous place in the principal place of business of the license holder.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.109 (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 4102.109. Continuing Education

Sec. 4102.109.  CONTINUING EDUCATION.  (a)  Each license holder must complete at least 24 hours of continuing education during the license period.  The commissioner by rule shall prescribe the requirements for continuing education courses under this section.(b)  Notwithstanding Subsection (a), the commissioner may waive any continuing education requirement for a nonresident public insurance adjuster with a valid license from another state having continuing education requirements substantially equivalent to those of this state.|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. 1172 (S.B. 876), Sec. 20, eff. September 1, 2015.|
TX Ins Code § 4102.110 (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 4102.110. Record Maintenance

Sec. 4102.110.  RECORD MAINTENANCE.  (a)  A license holder shall keep a complete record in this state of each of the license holder's transactions as a public insurance adjuster.  The records must include each of the following:(1)  the name of the insured;(2)  the date, location, and amount of the loss;(3)  a copy of the contract between the license holder and the insured;(4)  the name of the insurer and the amount, expiration date, and number of each policy under which the loss is covered;(5)  an itemized statement of the recoveries by the insured from the sources known to the license holder;(6)  the total compensation received for the adjustment; and(7)  an itemized statement of disbursements made by the license holder from recoveries received on behalf of the insured.(b)  Records required to be kept under this section must be:(1)  maintained in this state for at least five years after the termination of a transaction with the insured; and(2)  open to examination by the commissioner.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.111 (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 4102.111. Fiduciary Capacity

Sec. 4102.111.  FIDUCIARY CAPACITY.  (a)  All funds received as claim proceeds by a license holder acting as a public insurance adjuster are received and held by the license holder in a fiduciary capacity.  A license holder may not divert or appropriate fiduciary funds received or held.(b)  An applicant for a license to act as a public insurance adjuster must, as part of the application, endorse an authorization for disclosure to the commissioner of all financial records of any funds the public insurance adjuster holds as a fiduciary.  The authorization continues in force and effect for as long as the license holder continues to be licensed 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 § 4102.112 (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 4102.112. Relocation to Another State

Sec. 4102.112.  RELOCATION TO ANOTHER STATE.  (a)  Not later than the 30th day after moving from one state to another state, a nonresident or resident public insurance adjuster licensed in this state shall file with the department:(1)  the license holder's new address; and(2)  proof of authorization to engage in the business of public insurance adjuster in the new state of residence if that state requires licensure of public insurance adjusters.(b)  The department may not charge a fee or require a license application under Subsection (a).|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|
TX Ins Code § 4102.113 (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 4102.113. Advertisements

Sec. 4102.113.  ADVERTISEMENTS.  Each advertisement by a license holder soliciting or advertising business must display the license holder's name, address, and license number as they appear in the records of the commissioner.|Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.|