reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter A. General Provisions › Section 4101.001. Definitions

Sec. 4101.001.  DEFINITIONS.  (a)  In this chapter:
(1)  "Adjuster" means a person who:
(A) investigates or adjusts losses on behalf of an insurer as an independent contractor or as an employee of:
(i)  an adjustment bureau;
(ii)  an association;
(iii)  a general property and casualty agent or personal lines property and casualty agent;
(iv)  an independent contractor;
(v)  an insurer; or
(vi)  a managing general agent;
(B)  supervises the handling of claims; or
(C)  investigates, adjusts, supervises the handling of, or settles workers' compensation claims, including claims arising from services provided through a certified workers' compensation health care network as authorized under Chapter 1305, on behalf of an administrator, as defined by Chapter 4151, or on behalf of an insurance carrier, as defined by Section 401.011, Labor Code.
(2)  "Automated claims adjudication system" means a computer program designed for the collection, data entry, calculation, and final resolution of portable consumer electronic insurance claims that a licensed independent adjuster, a licensed agent, an officer of a business entity licensed under this chapter, or a supervised individual uses as described by this chapter.
(3)  "Business entity" means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.
(4)  "Home state," with respect to an adjuster, means:
(A)  the state in which the adjuster maintains the adjuster's principal place of residence or business and is licensed to act as a resident adjuster; or
(B)  if the state of the adjuster's principal place of residence or business does not license adjusters for the line of authority sought, a state in which the adjuster is licensed and in good standing and that is designated by the adjuster as the adjuster's home state.
(5)  "Person" means an individual or business entity.
(b)  For purposes of this chapter, "insurer" includes a self-insured.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 548 (S.B. 1263), Sec. 2.30, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1176 (H.B. 472), Sec. 2.04, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 544 (H.B. 2699), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter A. General Provisions › Section 4101.003. Temporary Exemption

Sec. 4101.003.  TEMPORARY EXEMPTION.  An individual who is undergoing training as an adjuster under the supervision of a licensed adjuster may act as an adjuster for a period not to exceed 12 months without having a license issued under this chapter if, at the beginning of the period, the individual has been registered with the commissioner as a trainee.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter A. General Provisions › Section 4101.004. Reciprocity

Sec. 4101.004.  RECIPROCITY.  The department may waive any license requirement imposed under this chapter for an applicant who holds a valid license from another state if the state has license requirements substantially equivalent to the requirements for a license issued under this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter A. General Provisions › Section 4101.005. Rules

Sec. 4101.005.  RULES.  The commissioner may adopt rules necessary to implement this chapter and to meet the minimum requirements of federal law, including regulations.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter B. License Requirements › Section 4101.051. License Required

Sec. 4101.051.  LICENSE REQUIRED.  Except as otherwise provided by this chapter, a person may not act as or represent that the person is an adjuster in this state unless the person holds a license under this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter B. License Requirements › Section 4101.052. Application

Sec. 4101.052.  APPLICATION.  (a)  An applicant for a license under this chapter must submit to the department an application on a form prescribed and provided by the department, and include as part of or in connection with the application any information that the department reasonably requires, including information about the applicant's:
(1)  identity;
(2)  personal history;
(3)  experience;  and
(4)  business record.
(b)  The application must be accompanied by the fee required by Section 4101.057.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter B. License Requirements › Section 4101.053. Qualifications; Issuance

Sec. 4101.053.  QUALIFICATIONS;  ISSUANCE.  (a)  To qualify for a license under this chapter, an individual must:
(1)  comply with this chapter;
(2)  present evidence satisfactory to the department that the applicant:
(A)  is at least 18 years of age;
(B)  resides in this state or a state or country that permits a resident of this state to act as an adjuster in that state or country;
(C)  has complied with all federal laws relating to employment or the transaction of business in the United States, if the applicant does not reside in the United States;
(D)  is trustworthy; and
(E)  has had experience, special education, or training of sufficient duration and extent regarding the handling of loss claims under insurance contracts to make the applicant competent to fulfill the responsibilities of an adjuster; and
(3)  pass an examination conducted under this subchapter or present evidence that the applicant has been exempted under Section 4101.056.
(b)  The commissioner shall issue a license to an applicant who meets the qualifications prescribed by this section.
(c)  To qualify for a license under this chapter, a business entity must:
(1)  comply with this chapter; and
(2)  present evidence satisfactory to the department that the applicant:
(A)  is eligible to designate this state as its home state;
(B)  is  trustworthy;
(C)  has designated a licensed adjuster responsible for the business entity's compliance with the insurance laws of this state;
(D)  has not committed an act that is a ground for probation, suspension, revocation, or refusal of an adjuster's license under Section 4101.201; and
(E)  has paid the fees prescribed under Section 4101.057.
(d)  An individual who is a resident of Canada may not be licensed under this chapter or designate this state as the individual's home state unless the individual has successfully passed the adjuster examination and complied with the other applicable portions of this section, except that the individual is not required to comply with Subsection (a)(2)(B) or (C).
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 544 (H.B. 2699), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter B. License Requirements › Section 4101.054. Examination Required

Sec. 4101.054.  EXAMINATION REQUIRED.  (a)  To be eligible for a license under this chapter, an applicant must personally take and pass, to the satisfaction of the commissioner, a written examination of the applicant's qualifications and competency.
(b)  The department may supplement a written examination under Subsection (a) with an oral examination.
(c)  The commissioner shall prescribe each examination under this section.  An examination must be of sufficient scope to reasonably test the applicant's knowledge relative to the kinds of insurance that may be dealt with under the license and of:
(1)  the duties of a licensed adjuster;  and
(2)  the laws of this state that apply to a licensed adjuster.
(d)  The commissioner may require a reasonable waiting period before an applicant who fails to pass an examination is eligible to be retested on a similar examination.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter B. License Requirements › Section 4101.055. Examination Procedures

Sec. 4101.055.  EXAMINATION PROCEDURES.  (a)  The department shall prepare and make available to applicants instructions specifying in general terms the subjects that may be covered in an examination required under Section 4101.054.
(b)  An examination under this subchapter shall be given at times and locations in this state necessary to reasonably serve the convenience of the department and applicants.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter B. License Requirements › Section 4101.056. Exemption From Examination Requirement

Sec. 4101.056.  EXEMPTION FROM EXAMINATION REQUIREMENT.  (a)  An applicant for a license under this chapter is not required to pass an examination under Section 4101.054 to receive the license if the applicant:
(1)  had been principally engaged in the investigation, adjustment, or supervision of losses on August 27, 1973, and during the 90-day period preceding that date;
(2)  is applying for a renewal license under this chapter;
(3)  is licensed as an adjuster in another state with which a reciprocal agreement has been entered into by the commissioner; or
(4)  has completed a course in adjusting losses as prescribed and approved by the commissioner and it is certified, by a form signed by a person described by Subsection (b)(2), to the commissioner on completion of the course that the applicant has:
(A)  completed the course; and
(B)  passed an examination, in a manner described by Subsection (b)(2), testing the applicant's knowledge and qualification, as prescribed by the commissioner.
(b)  An applicant wishing to claim an exemption under Subsection (a)(4) must:
(1)  schedule the required examination; and
(2)  take the required examination in a testing environment that is controlled, supervised, and proctored by a disinterested third party approved by the commissioner to administer the examination.
(c)  In this section, "disinterested third party" means an individual who:
(1)  is not related to an applicant by consanguinity or affinity as a first cousin or within the third degree by consanguinity or affinity as described by Subchapter B, Chapter 573, Government Code; and
(2)  is not an employee or a subordinate of the applicant.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 433 (S.B. 569), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter B. License Requirements › Section 4101.057. Fees

Sec. 4101.057.  FEES.  (a)  Before issuing or renewing a license under this chapter, the department shall set and collect a nonrefundable license application fee in an amount not to exceed $50.
(b)  An applicant for a renewal license must remit the fee required by Subsection (a) before the expiration of the license being renewed.  If the applicant's license has been expired for not more than 90 days, an applicant for a renewal license must remit, in addition to the fee assessed under Subsection (a), a fee equal to one-half of the original application fee.
(c)  Before administering an examination under this subchapter, the department shall set and collect a nonrefundable examination fee in an amount not to exceed $50.
(d)  Before issuing a duplicate license requested by an adjuster, the department shall set and collect a duplicate license application fee.
(e)  The department shall deposit a fee collected under this chapter to the credit of the Texas Department of Insurance operating account.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1172 (S.B. 876), Sec. 14, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter B. License Requirements › Section 4101.058. License Form

Sec. 4101.058.  LICENSE FORM.  (a)  The commissioner shall prescribe the form of a license issued under this chapter.
(b)  A license must contain:
(1)  the adjuster's name;
(2)  the address of the adjuster's place of business;
(3)  the date of issuance and the date of expiration of the license;  and
(4)  the name of the firm or insurer with whom the adjuster is employed at the time the license is issued.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter B. License Requirements › Section 4101.059. Continuing Education: General Requirements

Sec. 4101.059.  CONTINUING EDUCATION:  GENERAL REQUIREMENTS.
(a)  To renew a license under this chapter, a licensed adjuster must participate in a continuing education program under Chapter 4004.
(b)  The department may certify continuing education programs.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1172 (S.B. 876), Sec. 15, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter B. License Requirements › Section 4101.060. Continuing Education: Exemptions and Waivers

Sec. 4101.060.  CONTINUING EDUCATION:  EXEMPTIONS AND WAIVERS.  (a)  On written request of a licensed adjuster and if the department determines that the adjuster is unable to comply with continuing education requirements under this subchapter because of illness, medical disability, or another extenuating circumstance beyond the control of the adjuster, the department may:
(1)  extend the time for the adjuster to comply with the continuing education requirements;  or
(2)  exempt the adjuster from any of the requirements for a licensing period.
(b)  The commissioner by rule shall establish the criteria for an extension or exemption under Subsection (a).
(c)  The department may waive any continuing education requirement imposed under this chapter for a nonresident adjuster who holds a valid license from another state if the state has continuing education requirements substantially equivalent to the requirements for a license issued under this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter B. License Requirements › Section 4101.061. Expiration; Renewal

Sec. 4101.061.  EXPIRATION; RENEWAL.  Expiration and renewal of a license issued under this chapter are governed by Sections 4003.001 and 4004.055, rules adopted by the commissioner, and any applicable provision of this code or another insurance law of this state.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1172 (S.B. 876), Sec. 16, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter B. License Requirements › Section 4101.062. Alternative Continuing Education: Claims Certification

Sec. 4101.062.  ALTERNATIVE CONTINUING EDUCATION:  CLAIMS CERTIFICATION.  Notwithstanding Section 4004.051, the department shall accept as satisfaction of any continuing education requirement imposed on an adjuster under this chapter or Chapter 4004 a claims certification that the adjuster receives during a license period for which the continuing education is required if:
(1)  the claims certification is issued by a national or state claims association with a certification program;
(2)  the number of hours required to complete the certification program is not less than the number of hours of continuing education that an adjuster is required to complete during the license period under Sections 4004.053 and 4004.054;
(3)  the content of the certification program:
(A)  includes the content required under Section 4004.105; and
(B)  is made available through an electronic portal maintained by the association for review and audit by the department;
(4)  the association is approved by the department as a continuing education provider;
(5)  the association reports the adjuster's completion of the certification program to the department through an electronic portal maintained by the department; and
(6)  the association, through an electronic portal maintained by the association, provides the department access to the adjuster's transcript showing the adjuster's completion of the certification program.
Added by Acts 2019, 86th Leg., R.S., Ch. 442 (S.B. 1584), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter C. Special Licenses › Section 4101.101. Emergency License

Sec. 4101.101.  EMERGENCY LICENSE.  (a)  If a catastrophe or an emergency arises out of a disaster, act of God, riot, civil commotion, conflagration, or other similar occurrence, the commissioner shall, on application, issue an emergency license to a person if the application is certified to the commissioner not later than the fifth day after the date on which the person begins work as an adjuster by:
(1)  a person who holds a license under this chapter;  or
(2)  an insurer that maintains an office in this state and holds a certificate of authority to engage in the business of insurance in this state.
(b)  The person or insurer that certifies an application under Subsection (a) is responsible for the loss or claims practices of the emergency license holder whom the person or insurer certifies.
(c)  The commissioner may, after notice and hearing, revoke an emergency license on grounds specified by Section 4101.201.
(d)  An emergency license is effective for a period not to exceed 90 days.  The commissioner may extend the term of the emergency license for an additional period of 90 days.
(e)  The commissioner shall establish a fee for an emergency license in an amount not to exceed $20. A person issued an emergency license shall remit the fee to the department not later than the 30th day after the date on which the department issues the license.
(f)  The commissioner may issue an emergency license to an applicant who meets the requirements of Subsection (a) regardless of whether the applicant is:
(1)  a resident of this state;  or
(2)  an otherwise licensed adjuster.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter C. Special Licenses › Section 4101.102. Limited License

Sec. 4101.102.  LIMITED LICENSE.  (a)  If considered necessary by the commissioner, the department may issue a limited license to an applicant in the manner otherwise provided for the issuance of a license under this chapter.
(b)  The license shall specifically limit the kinds of insurance that may be handled by the person.
(c)  The person may not adjust claims in a kind of insurance other than that for which the adjuster is specifically licensed.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter D. Powers and Duties of Adjuster › Section 4101.151. Place of Business

Sec. 4101.151.  PLACE OF BUSINESS.  (a)  A licensed adjuster shall maintain a place of business that is:
(1)  located at the place at which the adjuster principally conducts transactions under the license;  and
(2)  accessible to the public.
(b)  A licensed adjuster shall promptly notify the commissioner if the adjuster changes the location of the adjuster's place of business.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4101 - Insurance Adjusters › Subchapter D. Powers and Duties of Adjuster › Section 4101.152. Referral by Insurer

Sec. 4101.152.  REFERRAL BY INSURER.  (a)  An insurer may not knowingly refer a claim or loss for adjustment in this state to a person purporting to be or acting as an adjuster unless the person holds a license under this chapter.
(b)  Before referring a claim or loss for adjustment, an insurer must ascertain from the commissioner whether the person performing the adjustment holds a license under this chapter.  Once the insurer has ascertained that the person holds a license, the insurer may refer the claim or loss to the person and may continue to refer claims or losses to the person until the insurer has knowledge or receives information from the commissioner that the person no longer holds a license.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter A. General Provisions › Section 4102.007. Right to Contract With License Holder

Sec. 4102.007.  RIGHT TO CONTRACT WITH LICENSE HOLDER.  (a)  Notwithstanding Sections 4001.002 and 4102.002, this section applies to a commercial or residential property insurance policy issued by an insurer, including:
(1)  a capital stock insurance company;
(2)  a mutual insurance company;
(3)  a county mutual insurance company;
(4)  a Lloyd's plan;
(5)  a reciprocal or interinsurance exchange;
(6)  a farm mutual insurance company; and
(7)  an eligible surplus lines insurer if this state is the insured's home state as defined by Section 981.002.
(b)  An insurance policy, including any endorsement, to which this section applies may not include a provision that prohibits an insured from contracting with a public insurance adjuster for services provided under this chapter.
(c)  An insured is not required to enter into a contract described by Subsection (b).
Added by Acts 2023, 88th Leg., R.S., Ch. 317 (H.B. 1706), Sec. 1, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.