reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter C. Powers and Duties › Section 4102.114. Duties of Nonresident License Holder

Sec. 4102.114.  DUTIES OF NONRESIDENT LICENSE HOLDER.  (a)  A nonresident license holder shall comply with all of the requirements of this chapter in performing any of the activities of a public insurance adjuster in this state, including the requirements on record maintenance in Section 4102.110.
(b)  The failure of a nonresident license holder, as determined by the commissioner after notice and an opportunity for a hearing, to properly maintain records in accordance with this chapter and make them available to the department on request constitutes grounds for the suspension of the nonresident license issued under this chapter, in accordance with Section 4102.201.
(c)  Each individual who holds a nonresident license shall comply with all other laws and rules of this state applicable to public insurance adjusters, including the law governing the collection of state sales tax as appropriate for services performed under this chapter.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 22(9), eff. September 1, 2021.
(e)  A nonresident license holder is subject to Section 4102.208(b), relating to failure to maintain the financial responsibility requirements.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 355 (H.B. 4030), Sec. 22(9), eff. September 1, 2021.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter D. Prohibited Conduct › Section 4102.151. Solicitation Prohibited During Natural Disaster

Sec. 4102.151.  SOLICITATION PROHIBITED DURING NATURAL DISASTER.  A license holder may not solicit or attempt to solicit a client for employment during the progress of a loss-producing natural disaster occurrence.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter D. Prohibited Conduct › Section 4102.152. Solicitation Prohibited During Certain Hours

Sec. 4102.152.  SOLICITATION PROHIBITED DURING CERTAIN HOURS.  (a)  A license holder may not solicit or attempt to solicit business on a loss or a claim in person, by telephone, or in any other manner at any time except between the hours of 9 a.m. and 9 p.m. on a weekday or a Saturday and between noon and 9 p.m. on a Sunday.
(b)  This section does not prohibit a license holder from accepting phone calls or personal visits during the prohibited hours from an insured on the insured's initiation.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter D. Prohibited Conduct › Section 4102.153. Certain Reports and Disclosures Prohibited

Sec. 4102.153.  CERTAIN REPORTS AND DISCLOSURES PROHIBITED.  A license holder may not knowingly make any false report to the license holder's employer or client and may not divulge to any other person, except as the law may require, any information obtained except at the direction of the employer or the client for whom the information is obtained.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter D. Prohibited Conduct › Section 4102.154. Use of Badge Prohibited

Sec. 4102.154.  USE OF BADGE PROHIBITED.  A license holder may not use a badge in connection with the official activities of the license holder's business.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter D. Prohibited Conduct › Section 4102.155. Certain Delegation Prohibited

Sec. 4102.155.  CERTAIN DELEGATION PROHIBITED.  A license holder may not permit an employee or agent, in the employee's or agent's own name, to advertise, solicit or engage clients, furnish reports or present bills to clients, or in any manner conduct business for which a license is required under this chapter.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter D. Prohibited Conduct › Section 4102.156. Practice of Law Prohibited

Sec. 4102.156.  PRACTICE OF LAW PROHIBITED.  A license holder may not render services or perform acts that constitute the practice of law, including the giving of legal advice to any person in the license holder's capacity as a public insurance adjuster.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter D. Prohibited Conduct › Section 4102.157. Certain Business Prohibited

Sec. 4102.157.  CERTAIN BUSINESS PROHIBITED.  A license holder may not solicit or attempt to solicit business, directly or indirectly, or act in any manner on a bodily injury loss covered by a life, health, or accident insurance policy or on any claim for which the client is not an insured under the insurance policy.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter D. Prohibited Conduct › Section 4102.158. Conflicts of Interest Prohibited

Sec. 4102.158.  CONFLICTS OF INTEREST PROHIBITED.  (a)  A license holder may not:
(1)  participate directly or indirectly in the reconstruction, repair, or restoration of damaged property that is the subject of a claim adjusted by the license holder; or
(2)  engage in any other activities that may reasonably be construed as presenting a conflict of interest, including soliciting or accepting any remuneration from, having a financial interest in, or deriving any direct or indirect financial benefit from, any salvage firm, repair firm, construction firm, or other firm that obtains business in connection with any claim the license holder has a contract or agreement to adjust.
(b)  A license holder may not, without the knowledge and consent of the insured in writing, acquire an interest in salvaged property that is the subject of a claim adjusted by the license holder.
(c)  A license holder may not represent an insured on a claim or charge a fee to an insured while representing the insurance carrier against which the claim is made.
(d)  A license holder may not directly or indirectly solicit, as described by Chapter 38, Penal Code, employment for an attorney or enter into a contract with an insured for the primary purpose of referring an insured to an attorney and without the intent to actually perform the services customarily provided by a licensed public insurance adjuster.  This section may not be construed to prohibit a license holder from recommending a particular attorney to an insured.
(e)  A license holder may not act on behalf of an attorney in having an insured sign an attorney representation agreement.
(f)  A license holder must become familiar with and at all times act in conformance with the criminal barratry statute set forth in Section 38.12, Penal Code.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1178 (S.B. 1060), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter D. Prohibited Conduct › Section 4102.159. Misrepresentation Prohibited

Sec. 4102.159.  MISREPRESENTATION PROHIBITED.  A license holder may not use any misrepresentation to solicit a contract or agreement to adjust a claim.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter D. Prohibited Conduct › Section 4102.160. Certain Payments Prohibited

Sec. 4102.160.  CERTAIN PAYMENTS PROHIBITED.  A license holder may not:
(1)  advance money to any potential client or insured; or
(2)  pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, to a person who is not a licensed public insurance adjuster a fee, commission, or other valuable consideration for the referral of an insured to the public insurance adjuster for purposes of the insured entering into a contract with that public insurance adjuster or for any other purpose.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1178 (S.B. 1060), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter D. Prohibited Conduct › Section 4102.161. Certain Representations Prohibited

Sec. 4102.161.  CERTAIN REPRESENTATIONS PROHIBITED.  A license holder may not use any letterhead, advertisement, or other printed matter, or use any other means, to represent that the license holder is an instrumentality of the federal government, of a state, or of a political subdivision of a state.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter D. Prohibited Conduct › Section 4102.162. Use of Different Name Prohibited

Sec. 4102.162.  USE OF DIFFERENT NAME PROHIBITED.  A license holder may not use a name different from the name under which the license holder is currently licensed in an advertisement, solicitation, or contract for business unless the name is used under a valid assumed name certificate as provided by Chapter 71, Business & Commerce Code.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 836 (H.B. 2659), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter D. Prohibited Conduct › Section 4102.163. Certain Contractor Business Prohibited

Sec. 4102.163.  CERTAIN CONTRACTOR BUSINESS PROHIBITED.  (a)  A contractor may not act as a public adjuster or advertise to adjust claims for any property for which the contractor is providing or may provide contracting services, regardless of whether the contractor:
(1)  holds a license under this chapter; or
(2)  is authorized to act on behalf of the insured under a power of attorney or other agreement.
(b)  The commissioner shall adopt rules necessary to implement and enforce this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 903 (H.B. 1183), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1100 (H.B. 2103), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1100 (H.B. 2103), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter D. Prohibited Conduct › Section 4102.164. Acceptance of Referral Payments Prohibited

Sec. 4102.164.  ACCEPTANCE OF REFERRAL PAYMENTS PROHIBITED.  (a)  A licensed public insurance adjuster may not accept a fee, commission, or other valuable consideration of any nature, regardless of form or amount, in exchange for the referral by a licensed public insurance adjuster of an insured to any third-party individual or firm, including an attorney, appraiser, umpire, construction company, contractor, or salvage company.
(b)  The commissioner shall adopt rules necessary to implement and enforce this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 1178 (S.B. 1060), Sec. 7, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter E. Enforcement › Section 4102.201. Denial, Suspension, or Revocation of License

Sec. 4102.201.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.  (a)  The commissioner may deny an application for a license under this chapter or suspend or revoke a license issued under this chapter on the basis of:
(1)  a violation of this chapter or of any rule adopted by the commissioner under this chapter;
(2)  a cause that constitutes grounds for denial of an original license;
(3)  misrepresentation or fraud in obtaining a license;
(4)  failure to pass a required license examination;
(5)  the misappropriation or conversion of money required to be held in a fiduciary capacity;
(6)  material misrepresentation, with intent to deceive, of the terms of an insurance contract;
(7)  engaging in a fraudulent transaction;
(8)  demonstrated incompetence or untrustworthiness in the conduct of the license holder's affairs under the license, as determined by the commissioner;
(9)  conviction of a felony by a final judgment in a court of competent jurisdiction; or
(10)  material misrepresentation, with intent to deceive, of the person's status as a public insurance adjuster.
(b)  If the department proposes to refuse to issue an original license under this chapter or to suspend, revoke, or refuse to renew a license under this chapter, the person affected is entitled to notice and hearing as provided by Section 4005.104.
(c)  A final order entered as a result of a hearing under this section may be appealed to a court of competent jurisdiction as provided by Subchapter D, Chapter 36.
(d)  An order suspending a license issued under this chapter must specify the period of the suspension not to exceed 12 months.
(e)  The holder of a license that is revoked or suspended for cause shall surrender the license to the commissioner on demand.
(f)  The commissioner may issue a license or reinstate a suspended or revoked license on a finding that the cause for suspension, revocation, or refusal no longer exists.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter E. Enforcement › Section 4102.202. Application for License After Suspension, Denial of Application, or Revocation of License

Sec. 4102.202.  APPLICATION FOR LICENSE AFTER SUSPENSION, DENIAL OF APPLICATION, OR REVOCATION OF LICENSE.  (a)  A person whose license is suspended under this chapter may apply for a new license only after the expiration of the period of suspension.
(b)  A person whose license is revoked or whose application for a license is denied, except for a failure to submit a completed application, may not apply for a new license until the fifth anniversary of:
(1)  the effective date of the denial or revocation; or
(2)  if the applicant or license holder seeks judicial review of the department's action, the date of the final court order or decree affirming that action.
(c)  The commissioner may deny a timely application filed under Subsection (b) if the applicant does not show good cause why the denial of the previous license application or the revocation of the license should not be considered a bar to the issuance of the new license.
(d)  Subsection (c) does not apply to an applicant whose license application was denied for failure by the applicant to:
(1)  pass the required written examination; or
(2)  submit a properly completed license application.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter E. Enforcement › Section 4102.203. Disciplinary Proceeding for Conduct Committed Before Surrender or Forfeiture of License

Sec. 4102.203.  DISCIPLINARY PROCEEDING FOR CONDUCT COMMITTED BEFORE SURRENDER OR FORFEITURE OF LICENSE.  (a)  The department may institute a disciplinary proceeding against a former license holder for conduct that the license holder committed before the effective date of a voluntary surrender or automatic forfeiture of the license.
(b)  In a proceeding under this section, the fact that the license holder has surrendered or forfeited the license does not affect the license holder's culpability for the conduct.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter E. Enforcement › Section 4102.204. Administrative Penalty

Sec. 4102.204.  ADMINISTRATIVE PENALTY.  The commissioner, in lieu of suspending or revoking a license for a violation of this chapter or a rule adopted under this chapter, may impose on a license holder an administrative penalty in an amount not to exceed $2,000 per violation if the commissioner determines that that action better serves the purposes of this chapter.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter E. Enforcement › Section 4102.205. Automatic Fines

Sec. 4102.205.  AUTOMATIC FINES.  Section 4005.109 applies to violations of this chapter.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter E. Enforcement › Section 4102.206. Criminal Penalty; Sanctions

Sec. 4102.206.  CRIMINAL PENALTY; SANCTIONS.  (a)  A person commits an offense if the person violates this chapter.  An offense under this subsection is a Class B misdemeanor.
(b)  If conduct that constitutes an offense under Subsection (a) also constitutes an offense under any other law, the person committing the offense may be prosecuted under this section or the other law.
(c)  In addition to the criminal penalties imposed under Subsection (a), a person in violation of this chapter is subject to the sanctions provided by Sections 541.108-541.110, as if the person had violated an order under those sections.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter E. Enforcement › Section 4102.207. Insured Option to Void Contract

Sec. 4102.207.  INSURED OPTION TO VOID CONTRACT.  (a)  Any contract for services regulated by this chapter that is entered into by an insured with a person who is in violation of Section 4102.051 may be voided at the option of the insured.
(b)  If a contract is voided under this section, the insured is not liable for the payment of any past services rendered, or future services to be rendered, by the violating person under that contract or otherwise.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle C - Adjusters › Chapter 4102 - Public Insurance Adjusters › Subchapter E. Enforcement › Section 4102.208. Emergency Cease and Desist Order

Sec. 4102.208.  EMERGENCY CEASE AND DESIST ORDER.  (a)  If the commissioner believes that a person is engaging in acts or practices in violation of Section 4102.051, the commissioner ex parte may issue an emergency cease and desist order, in accordance with Subchapter B, Chapter 83, requiring the person to immediately cease and desist from engaging further in the acts or practices.
(b)  In addition to any other remedy available under this code, if the commissioner believes that a person is committing a violation by failing to maintain the financial responsibility requirements of Section 4102.105, the commissioner ex parte may issue an emergency cease and desist order and suspend the person's license, in accordance with Subchapter B, Chapter 83, requiring the person to immediately cease and desist from engaging in the activities of a public insurance adjuster.
(c)  A license suspended under Subsection (b) may be reinstated on the approval of an application for reinstatement filed with the commissioner, in the form prescribed by the commissioner, with proof that the financial responsibility requirements of Section 4102.105 have been met.  The commissioner may deny the application for reinstatement:
(1)  for any reason that would justify a refusal to issue, or a suspension or revocation of, a license; or
(2)  for the performance by the applicant of any practice for which a license under this chapter is required while the applicant is under suspension for failure to keep the financial responsibility requirements in force.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle D - Other Professionals › Chapter 4151 - Third-Party Administrators › Subchapter A. General Provisions › Section 4151.001. Definitions

Sec. 4151.001.  DEFINITIONS.  In this chapter:
(1)  "Administrator" means a person who, in connection with annuities or life benefits, health benefits, accident benefits, pharmacy benefits, or workers' compensation benefits, collects premiums or contributions from or adjusts or settles claims for residents of this state.  The term includes a delegated entity under Chapter 1272 and a workers' compensation health care network authorized under Chapter 1305 that administers a workers' compensation claim for an insurer, including an insurer that establishes or contracts with the network to provide health care services.  The term does not include a person described by Section 4151.002.
(2)  "Insurer" means a person who engages in the business of life, health, accident, or workers' compensation insurance under the law of this state.  For purposes of this chapter only, the term also includes an "insurance carrier," as defined by Section 401.011(27), Labor Code, other than a governmental entity or a workers' compensation self-insurance group subject to regulation under Chapter 407A, Labor Code.
(3)  "Person" means an individual, partnership, corporation, organization, government or governmental subdivision or agency, business trust, estate trust, association, or any other legal entity.
(4)  "Plan" means a plan, fund, or program established, adopted, or maintained by a plan sponsor or insurer to the extent that the plan, fund, or program is established, adopted, or maintained to provide indemnification or expense reimbursement for any type of life, health, or accident benefit.
(5)  "Plan sponsor" means a person, other than an insurer, who establishes, adopts, or maintains a plan that covers residents of this state, including a plan established, adopted, or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, an association, a committee, a joint board of trustees, or any similar group of representatives who establish, adopt, or maintain a plan.
(6)  "Workers' compensation benefits" means benefits provided under Title 5, Labor Code, or services provided through a certified workers' compensation health care network authorized under Chapter 1305.
(7)  "Workers' compensation insurance coverage" means  coverage subject to Subtitle E, Title 10.  The term includes coverage described by Sections 401.011(44)(A) and (B), Labor Code.
(8)  "Workers' compensation self-insurer" means a legal entity subject to regulation under Chapter 407, Labor Code.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1176 (H.B. 472), Sec. 1.01, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle D - Other Professionals › Chapter 4151 - Third-Party Administrators › Subchapter A. General Provisions › Section 4151.0021. Applicability to Certain Processing Agents

Sec. 4151.0021.  APPLICABILITY TO CERTAIN PROCESSING AGENTS.  (a)  In this section, "processing agent" means a person described by Section 413.0111, Labor Code.
(b)  A processing agent is not an administrator for purposes of this chapter if the processing agent is acting as an assignee of a pharmacy and if:
(1)  the assignee has a written contract with the pharmacy to:
(A)  act as the provider of licensed pharmacy services in lieu of the pharmacy; and
(B)  purchase the pharmacy's claims at face value, or at a value expressly stated in the contract; and
(2)  the contract specifically prohibits the assignee from performing any function of an administrator, as that term is defined in this chapter, unless the assignee holds a certificate of authority under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1176 (H.B. 472), Sec. 1.03, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle D - Other Professionals › Chapter 4151 - Third-Party Administrators › Subchapter A. General Provisions › Section 4151.0022. Nonapplicability

Sec. 4151.0022.  NONAPPLICABILITY.  This chapter does not apply to a health care sharing ministry operated under Chapter 1681.
Added by Acts 2013, 83rd Leg., R.S., Ch. 455 (S.B. 874), Sec. 4, eff. June 14, 2013.
2023 Texas Statutes › Insurance Code › Title 13 - Regulation of Professionals › Subtitle D - Other Professionals › Chapter 4151 - Third-Party Administrators › Subchapter A. General Provisions › Section 4151.003. Applicability of Other Provisions of Code

Sec. 4151.003.  APPLICABILITY OF OTHER PROVISIONS OF CODE.  An administrator is subject to Section 823.457, Subchapter H of Chapter 101, Chapter 541, Subchapter A of Chapter 542, and Chapter 804.
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 D - Other Professionals › Chapter 4151 - Third-Party Administrators › Subchapter A. General Provisions › Section 4151.0031. Market Analysis

Sec. 4151.0031.  MARKET ANALYSIS.  The commissioner may conduct market analyses and examinations of an administrator under Chapter 751.
Added by Acts 2007, 80th Leg., R.S., Ch. 1176 (H.B. 472), Sec. 1.03, eff. September 1, 2007.