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A BILL TO BE ENTITLED
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AN ACT
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relating to prosecution of the offense of payment of deductibles |
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under a property or casualty insurance policy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 27.02(a) and (b), Business & Commerce |
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Code, are amended to read as follows: |
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(a) A person [who sells goods or services] commits an |
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offense if as part of the claim process under a property or casualty |
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insurance policy: |
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(1) the person advertises or promises to provide a |
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[the] good or service and offers to pay, waive, rebate, trade, |
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subsidize, credit, or otherwise cover: |
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(A) all or part of any applicable insurance |
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deductible; or |
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(B) [a rebate in] an amount equal to all or part |
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of any applicable insurance deductible or other uninsured amount |
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owed by an insured under the terms of the applicable policy; |
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(2) the good or service is paid for by the consumer |
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from proceeds of a property or casualty insurance policy; and |
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(3) the person knowingly provides or causes to be |
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provided to an insurer an estimate or other statement of the cost of |
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repair for the good or service that the person increases or |
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otherwise manipulates [charges an amount for the good or service
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that exceeds the usual and customary charge by the person for the
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good or service] by an amount equal to or greater than all or part of |
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the applicable insurance deductible or other uninsured amount owed |
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by an insured under the terms of the applicable policy [paid by the
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person to an insurer on behalf of an insured or remitted to an
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insured by the person as a rebate]. |
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(b) A person who is insured under a property or casualty |
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insurance policy commits an offense if the person: |
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(1) submits, either directly or indirectly, a claim |
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under the policy based on conduct [charges] that is [are] in |
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violation of Subsection (a) [of this section]; or |
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(2) knowingly allows a claim in violation of |
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Subsection (a) [of this section] to be submitted, unless the person |
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promptly notifies the insurer of the conduct in violation of |
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Subsection (a) [excessive charges]. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2015. |