84th Texas Legislature, Regular Session, Senate Bill 1060, Chapter 1178 Page: 3 of 8
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S.B. No. 1060
1 license holder has a contract or agreement to adjust.
2 (d) A license holder may not directly or indirectly solicit,
3 as described by Chapter 38, Penal Code, employment for an attorney
4 or enter into a contract with an insured for the primary purpose of
5 referring an insured to an attorney and without the intent to
6 actually perform the services customarily provided by a licensed
7 public insurance adjuster. This section may not be construed to
8 prohibit a license holder from recommending a particular attorney
9 to an insured.
10 (e) A license holder may not act on behalf of an attorney in
11 having an insured sign an attorney representation agreement.
12 (f) A license holder must become familiar with and at all
13 times act in conformance with the criminal barratry statute set
14 forth in Section 38.12, Penal Code.
15 SECTION 6. Section 4102.160, Insurance Code, is amended to
16 read as follows:
17 Sec. 4102.160. CERTAIN PAYMENTS PROHIBITED. A license
18 holder may not:
19 (1) advance money to any potential client or insured;
20 or
21 (2) pay, allow, or give, or offer to pay, allow, or
22 give, directly or indirectly, to a person who is not a licensed
23 public insurance adjuster a fee, commission, or other valuable
24 consideration for the referral of an insured to the public
25 insurance adjuster for purposes of [base4-e] the insured entering
26 into a contract with that public insurance adjuster or for any other
27 purpose[ -e-r-
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Texas. Legislature. Senate. 84th Texas Legislature, Regular Session, Senate Bill 1060, Chapter 1178, legislative document, June 19, 2015; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth704559/m1/3/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.