|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to insurance claims and certain prohibited acts and |
|
practices in or in relation to the business of insurance. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 541.151, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 541.151. PRIVATE ACTION FOR ACTUAL DAMAGES AUTHORIZED. |
|
Except as provided by Section 541.1511, a [A] person who sustains |
|
actual damages may bring an action against another person for those |
|
damages caused by the other person engaging in an act or practice: |
|
(1) defined by Subchapter B to be an unfair method of |
|
competition or an unfair or deceptive act or practice in the |
|
business of insurance; or |
|
(2) specifically enumerated in Section 17.46(b), |
|
Business & Commerce Code, as an unlawful deceptive trade practice |
|
if the person bringing the action shows that the person relied on |
|
the act or practice to the person's detriment. |
|
SECTION 2. Subchapter D, Chapter 541, Insurance Code, is |
|
amended by adding Section 541.1511 to read as follows: |
|
Sec. 541.1511. ACTION RELATING TO CERTAIN CLAIMS FOR |
|
PROPERTY DAMAGE: INSURER ELECTION FOR LEGAL RESPONSIBILITY FOR |
|
ACTIONS OF AGENTS AND EMPLOYEES. (a) This section applies only to |
|
an action brought by an insured relating to or arising from a claim |
|
for damage to or loss of real property or tangible personal property |
|
made under an insurance policy providing coverage for damage to or |
|
loss of real property. |
|
(b) Except as provided by Subsection (d), an insured seeking |
|
damages in an action to which this section applies may not file or |
|
maintain an action under this subchapter against an employee, |
|
agent, representative, or adjuster issuing policies, handling |
|
claims, or performing other acts on behalf of an insurer, and any |
|
such action shall be immediately dismissed, if: |
|
(1) the employee, agent, representative, or adjuster |
|
was not named in a notice given under Section 541.1541; or |
|
(2) not later than the 30th day after the date the |
|
notice given under Section 541.1541 is received, the insurer agrees |
|
in a document provided to the insured to be liable for any act or |
|
omission of the employee, agent, representative, or adjuster |
|
related to or arising out of the insured's claim. |
|
(c) A dismissal under Subsection (b)(1) or an agreement |
|
under Subsection (b)(2) does not limit the insurer's liability and |
|
does not limit the insurer's vicarious liability for any act or |
|
omission of the employee, agent, representative, or adjuster |
|
related to or arising out of the insured's claim. |
|
(d) An insured may file and maintain an action described by |
|
Subsection (b) if the insured shows and the court finds that the |
|
insured cannot reasonably expect to secure complete relief unless |
|
the employee, agent, representative, or adjuster is made a party to |
|
the action. |
|
SECTION 3. The heading to Section 541.152, Insurance Code, |
|
is amended to read as follows: |
|
Sec. 541.152. ACTUAL DAMAGES, ATTORNEY'S FEES, AND OTHER |
|
RELIEF. |
|
SECTION 4. The heading to Section 541.154, Insurance Code, |
|
is amended to read as follows: |
|
Sec. 541.154. PRIOR NOTICE OF ACTION OTHER THAN ACTION |
|
RELATING TO CLAIM FOR PROPERTY DAMAGE. |
|
SECTION 5. Section 541.154(a), Insurance Code, is amended |
|
to read as follows: |
|
(a) Except as provided by Section 541.1541, a [A] person |
|
seeking damages in an action against another person under this |
|
subchapter must provide written notice to the other person not |
|
later than the 61st day before the date the action is filed. |
|
SECTION 6. Subchapter D, Chapter 541, Insurance Code, is |
|
amended by adding Section 541.1541 to read as follows: |
|
Sec. 541.1541. PRIOR NOTICE OF ACTION RELATING TO CERTAIN |
|
CLAIMS FOR PROPERTY DAMAGE. (a) This section applies only to an |
|
action brought by an insured relating to or arising from a claim for |
|
damage to or loss of real property or tangible personal property |
|
made under an insurance policy providing coverage for damage to or |
|
loss of real property. |
|
(b) An insured seeking damages in an action to which this |
|
section applies must provide written notice complying with this |
|
section to all potential defendants not later than the 61st day |
|
before the date the action is filed. |
|
(c) The notice required by this section must state: |
|
(1) the specific damage items and the amount alleged |
|
to be owed by the insurer under the insurance policy; |
|
(2) the amount of the actual damages, other damages, |
|
interest, and expenses, specifically stated for each item, that the |
|
insured alleges are owed by the insurer; |
|
(3) the amount of attorney's fees the insured |
|
reasonably has incurred as of the date the notice is given in |
|
asserting the claim against the insurer; |
|
(4) an amount that includes the amounts described by |
|
Subdivisions (1) through (3) that the insured will accept in full |
|
and final satisfaction of the claim; and |
|
(5) the name of every person to whom notice is given |
|
under this section and a brief description of each person's |
|
relationship to the insured's claim. |
|
(d) If the amount sought by the insured in the action |
|
involves a claim for damage items not previously submitted to the |
|
insurer, not later than the 15th day after the date notice under |
|
this section is provided to an insurer, the insurer may request that |
|
the insured provide copies of reports, estimates, photographs, and |
|
other items reasonably supporting the insured's additional damage |
|
items. If a request is made in accordance with this subsection, the |
|
insured must provide the requested information before filing an |
|
action to which this section applies. |
|
(e) A presuit notice under this section is not required if |
|
giving notice is impracticable because the action: |
|
(1) must be filed to prevent the statute of |
|
limitations from expiring; or |
|
(2) is asserted as a counterclaim. |
|
SECTION 7. Section 541.155, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 541.155. ABATEMENT. (a) A person against whom an |
|
action under this subchapter is pending who does not receive [the] |
|
notice or requested information as required by Section 541.154 or |
|
541.1541 may file a plea in abatement not later than the 30th day |
|
after the date the person files an original answer in the court in |
|
which the action is pending. |
|
(b) The court shall abate the action if, after a hearing, |
|
the court finds that the person is entitled to an abatement because |
|
the claimant did not provide [the] notice or requested information |
|
as required by Section 541.154 or 541.1541. |
|
(c) An action is automatically abated without a court order |
|
beginning on the 11th day after the date a plea in abatement is |
|
filed if the plea: |
|
(1) is verified and alleges that the person against |
|
whom the action is pending did not receive [the] notice or requested |
|
information as required by Section 541.154 or 541.1541; and |
|
(2) is not controverted by an affidavit filed by the |
|
claimant before the 11th day after the date the plea in abatement is |
|
filed. |
|
(d) An abatement under this section continues until the 60th |
|
day after the date notice or requested information is provided in |
|
compliance with Section 541.154 or 541.1541. |
|
(e) This section does not apply if Section 541.154(c) or |
|
541.1541(e) applies. |
|
SECTION 8. Subchapter B, Chapter 542, Insurance Code, is |
|
amended by adding Section 542.0595 to read as follows: |
|
Sec. 542.0595. PRIOR NOTICE OF ACTION RELATING TO CERTAIN |
|
CLAIMS FOR PROPERTY DAMAGE; ABATEMENT. (a) An insured may not |
|
bring suit under Section 542.060 in connection with a claim for |
|
damage to or loss of real property or tangible personal property |
|
made under an insurance policy providing coverage for damage to or |
|
loss of real property unless the insured has provided written |
|
notice to the insurer with respect to the claim in accordance with |
|
Section 541.1541 and any information requested by the insurer in |
|
accordance with that section. |
|
(b) A suit under Section 542.060 for which notice is |
|
required by this section is subject to abatement to the same extent |
|
and in the same manner provided by Section 541.155 for an action |
|
under Subchapter D, Chapter 541. |
|
SECTION 9. Section 542.060, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 542.060. LIABILITY FOR VIOLATION OF SUBCHAPTER. |
|
(a) If an insurer that is liable for a claim under an insurance |
|
policy is not in compliance with this subchapter, the insurer is |
|
liable to pay the holder of the policy or the beneficiary making the |
|
claim under the policy, in addition to the amount of the claim, |
|
interest on the unpaid amount of the claim at the rate of 18 percent |
|
a year as damages, together with reasonable attorney's fees. |
|
(a-1) In determining the amount of attorney's fees awarded |
|
under Subsection (a), the trier of fact shall consider: |
|
(1) the time and labor required, the novelty and |
|
difficulty of the questions involved, and the skill requisite to |
|
perform the legal service properly; |
|
(2) the likelihood, if apparent to the claimant, that |
|
the acceptance of the particular employment will preclude other |
|
employment by the attorney; |
|
(3) the fee customarily charged in the locality for |
|
similar legal services; |
|
(4) the amount involved and the results obtained; |
|
(5) the time limitations imposed by the claimant or by |
|
the circumstances; |
|
(6) the nature and length of the professional |
|
relationship with the claimant; |
|
(7) the experience, reputation, and ability of the |
|
attorney performing the services; and |
|
(8) whether the fee is fixed or contingent on results |
|
obtained or uncertainty of collection before the legal services |
|
have been rendered. |
|
(b) If a suit is filed, interest and [the] attorney's fees |
|
payable under this section shall be taxed as part of the costs in |
|
the case. |
|
(c) The liability for interest and attorney's fees provided |
|
by this section is the exclusive remedy for a violation of this |
|
subchapter. This section is not intended to affect a right or |
|
remedy provided by Chapter 541 or any other law outside this |
|
subchapter. |
|
(d) If a claim for a loss has been paid by the insurer and a |
|
suit under this section arises out of a supplemental claim for that |
|
loss, interest awarded under this section on the supplemental claim |
|
begins to accrue on the 60th day after the date the insurer receives |
|
notice of the supplemental claim. |
|
SECTION 10. Subtitle A, Title 10, Insurance Code, is |
|
amended by adding Chapter 1808 to read as follows: |
|
CHAPTER 1808. CERTAIN CLAIMS FOR PROPERTY DAMAGE |
|
Sec. 1808.001. DEFINITION. In this chapter, "claim for |
|
property damage" means a claim to which this chapter applies. |
|
Sec. 1808.002. APPLICABILITY OF CHAPTER. This chapter |
|
applies only to a first party claim for damage to or loss of real |
|
property or tangible personal property made under an insurance |
|
policy: |
|
(1) providing coverage for damage to or loss of real |
|
property; and |
|
(2) issued by: |
|
(A) any insurer authorized to write property |
|
insurance in this state, including: |
|
(i) an insurance company; |
|
(ii) a reciprocal or interinsurance |
|
exchange; |
|
(iii) a mutual insurance company; |
|
(iv) a capital stock insurance company; |
|
(v) a county mutual insurance company; |
|
(vi) a farm mutual insurance company; or |
|
(vii) a Lloyd's plan; |
|
(B) an eligible surplus lines insurer; or |
|
(C) the FAIR Plan Association. |
|
Sec. 1808.003. CLAIM FILING PERIOD. (a) Subject to |
|
Subsection (b), failure to provide notice of a claim for property |
|
damage by the second anniversary of the date on which the damage to |
|
or loss of property that is the basis of the claim occurs is an |
|
absolute bar to recovery on the claim. |
|
(b) Recovery on a claim for property damage is not barred if |
|
in an action to recover on the claim the trier of fact determines |
|
the claimant had good cause not to provide notice of the claim in |
|
the time prescribed by Subsection (a). |
|
(c) For the purposes of Subsection (b), "good cause" |
|
includes military deployment. |
|
(d) Except as provided by this subsection, nothing in this |
|
section precludes an insurer from raising any defense available |
|
under the terms of its policy relating to prompt notice or that is |
|
otherwise available under the law. If an insurer raises a defense |
|
based on the fact that notice of claim was not made in accordance |
|
with the policy terms, the defense applies only on a showing and to |
|
the extent that the insurer was prejudiced by notice not being made |
|
in accordance with the policy terms. |
|
Sec. 1808.004. APPRAISAL STANDARDS. (a) The commissioner |
|
by rule shall adopt standards for minimum fairness for provisions |
|
in insurance policies described by Section 1808.002 that provide an |
|
appraisal process for claims for property damage. |
|
(b) Standards adopted under this section must: |
|
(1) take into consideration the expense involved in |
|
submitting a claim to the appraisal process; and |
|
(2) provide for a process that: |
|
(A) is not unnecessarily complicated; and |
|
(B) is designed to yield a prompt and fair |
|
resolution of the disputed matter. |
|
Sec. 1808.005. APPROVAL OF APPRAISAL PROVISIONS. (a) An |
|
insurer described by Section 1808.002 may submit to the |
|
commissioner for purposes of Section 1808.006 any policy form used |
|
or proposed to be used by the insurer to write insurance policies |
|
described by Section 1808.002 that contains provisions that provide |
|
an appraisal process for claims for property damage. |
|
(b) If the commissioner determines the appraisal provisions |
|
in a policy form submitted under this section comply with the |
|
minimum standards adopted by the commissioner under Section |
|
1808.004, the commissioner shall approve the appraisal provisions |
|
for purposes of Section 1808.006. |
|
Sec. 1808.006. LIABILITY LIMITATIONS. (a) Except as |
|
provided by this section, an insurer is not liable in any private |
|
cause of action under Chapter 541 or 542 relating to or arising from |
|
a claim for property damage if: |
|
(1) the policy under which the claim is made contains |
|
appraisal provisions: |
|
(A) approved by the commissioner under Section |
|
1808.005; or |
|
(B) substantially similar to provisions approved |
|
by the commissioner under that section; |
|
(2) the insurer: |
|
(A) timely accepts the insured's demand for |
|
appraisal; or |
|
(B) makes a demand for appraisal not later than |
|
the 30th day after the later of the date the insurer receives the |
|
notice of the claim required by Section 541.1541 or 542.0595, as |
|
applicable, or the date the insurer receives information related to |
|
the claim timely requested by the insurer in accordance with |
|
Section 541.1541 for purposes of that section or Section 542.0595, |
|
as applicable, including notice or requested information received |
|
after an abatement of an action under Section 541.155 or 542.0595; |
|
and |
|
(3) the insurer: |
|
(A) participates in the appraisal process in good |
|
faith; and |
|
(B) pays or tenders, not later than the 15th day |
|
after the date the insurer receives the appraisal award: |
|
(i) the full amount of the appraisal award, |
|
less the amount of any deductible or previous payment on the claim; |
|
and |
|
(ii) interest on the amount paid under |
|
Subparagraph (i) at the rate of 12 percent annually. |
|
(b) For purposes of this section, if there is a dispute as to |
|
whether the insurer is to pay actual cash value or replacement cost, |
|
the insurer must pay or tender an amount under Section (a)(3)(B) |
|
that is based on the replacement cost. |
|
(c) Interest to be paid under Subsection (a) accrues |
|
beginning on the later of: |
|
(1) the fifth business day after the latest date on |
|
which the insurer is required to provide notice of acceptance or |
|
rejection of the relevant claim under Section 542.056; or |
|
(2) if payment of the relevant claim or part of the |
|
relevant claim is conditioned on the performance of an act by the |
|
claimant, the fifth business day after the date the act is |
|
performed. |
|
SECTION 11. Section 4102.051(a), Insurance Code, is amended |
|
to read as follows: |
|
(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 [or
|
|
certificate] issued by the commissioner under Section 4102.053 |
|
or[,] 4102.054[, or 4102.069]. |
|
SECTION 12. Sections 4102.066(a) and (b), Insurance Code, |
|
are amended to read as follows: |
|
(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[; and
|
|
[(4)
for a public insurance adjuster trainee
|
|
certificate under Section 4102.069, a registration fee in an amount
|
|
to be determined by rule by the commissioner]. |
|
(b) The amount of the fee for the renewal of a license [or a
|
|
certificate] issued under this chapter shall be determined by rule |
|
by the commissioner. |
|
SECTION 13. Section 4102.103, Insurance Code, is amended by |
|
adding Subsection (d) to read as follows: |
|
(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. |
|
SECTION 14. Section 4102.104(d), Insurance Code, is amended |
|
to read as follows: |
|
(d) A public insurance adjuster may not accept any payment |
|
that violates the provisions of this section [Subsection (c)]. |
|
SECTION 15. Section 4102.158, Insurance Code, is amended by |
|
amending Subsection (a) and adding Subsections (d), (e), and (f) to |
|
read as follows: |
|
(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, [or] 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. |
|
(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. |
|
SECTION 16. Section 4102.160, Insurance Code, is amended to |
|
read as follows: |
|
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 [based on] the insured entering |
|
into a contract with that public insurance adjuster or for any other |
|
purpose[; or
|
|
[(3)
otherwise offer to pay a fee, commission, or
|
|
other valuable consideration exceeding $100 to a person not
|
|
licensed as a public insurance adjuster for referring an insured to
|
|
the license holder]. |
|
SECTION 17. Subchapter D, Chapter 4102, Insurance Code, is |
|
amended by adding Section 4102.164 to read as follows: |
|
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 but not limited to an attorney, |
|
appraiser, umpire, construction company, contractor, or salvage |
|
company. |
|
(b) The commissioner shall adopt rules necessary to |
|
implement and enforce this section. |
|
SECTION 18. The heading to Section 27.02, Business & |
|
Commerce Code, is amended to read as follows: |
|
Sec. 27.02. CERTAIN OFFERS MADE AND INFORMATION PROVIDED IN |
|
CONNECTION WITH INSURANCE CLAIMS [FOR EXCESSIVE CHARGES]. |
|
SECTION 19. Section 27.02(a), Business & Commerce Code, is |
|
amended to read as follows: |
|
(a) A person who sells goods or services, including a |
|
contractor, appraiser, estimator, or insurance restoration |
|
contractor, commits an offense if, in connection with a claim for |
|
property loss or damage under a property or casualty insurance |
|
policy: |
|
(1) the person advertises or promises to [provide the
|
|
good or service and to] pay, waive, absorb, rebate, subsidize, |
|
credit, or otherwise cover for any reason[:
|
|
[(A)] all or part of any applicable insurance |
|
deductible or other uninsured amount owed by an insured under the |
|
terms of the policy; [or
|
|
[(B)
a rebate in an amount equal to all or part of
|
|
any applicable insurance deductible;] |
|
(2) [the good or service is paid for by the consumer
|
|
from proceeds of a property or casualty insurance policy; and
|
|
[(3)] the person knowingly provides or causes to be |
|
provided to an insurer any estimate or other statement as to the |
|
cost of repair for the good or service to be provided that has been |
|
increased, inflated, or otherwise manipulated [charges an amount
|
|
for the good or service that exceeds the usual and customary charge
|
|
by the person for the good or service] by an amount equal to or |
|
greater than all or part of the applicable insurance deductible or |
|
other uninsured amount owed by an insured under the policy; or |
|
(3) the person knowingly provides or causes to be |
|
provided to an insurer any false information within any estimate, |
|
bid, proposal, or other statement as to the scope of damage or cost |
|
of repair for the good or service to be provided [paid by the person
|
|
to an insurer on behalf of an insured or remitted to an insured by
|
|
the person as a rebate]. |
|
SECTION 20. Section 4102.069, Insurance Code, is repealed. |
|
SECTION 21. (a) The Texas Department of Insurance shall |
|
conduct a study to determine the effectiveness of the changes in law |
|
made by this Act. The study must determine: |
|
(1) whether the changes in law made the affected |
|
insurance policies more affordable; |
|
(2) whether the changes in law made the affected |
|
insurance policies more available; |
|
(3) whether the changes in law resulted in a change in |
|
the percentage of home buyers who qualify for home loans; |
|
(4) the effect of the changes in law on litigation; |
|
(5) the effect of the changes in law on consumer |
|
complaints; and |
|
(6) the effect of the changes in law on policy |
|
deductibles. |
|
(b) The commissioner of insurance may request and obtain |
|
data from insurers as necessary to perform the study required by |
|
this section. |
|
(c) Not later than November 1, 2018, the Texas Department of |
|
Insurance shall submit a written report detailing the findings made |
|
by the department under this section to the lieutenant governor, |
|
speaker of the house of representatives, and members of the |
|
legislature. |
|
(d) This section expires January 1, 2019. |
|
SECTION 22. Chapter 541, Insurance Code, as amended by this |
|
Act, applies only to conduct that occurs on or after the effective |
|
date of this Act. Conduct that occurs before the effective date of |
|
this Act is governed by the law as it existed immediately before the |
|
effective date of this Act, and that law is continued in effect for |
|
that purpose. |
|
SECTION 23. Subchapter B, Chapter 542, Insurance Code, as |
|
amended by this Act, applies only to a claim for which notice of |
|
claim is provided to an insurer on or after the effective date of |
|
this Act. A claim for which notice of claim is provided to an |
|
insurer before the effective date of this Act is governed by the law |
|
as it existed immediately before the effective date of this Act, and |
|
that law is continued in effect for that purpose. |
|
SECTION 24. Chapter 1808, Insurance Code, as added by this |
|
Act, applies only to a claim under an insurance policy delivered, |
|
issued for delivery, or renewed on or after January 1, 2016. A |
|
claim under a policy delivered, issued for delivery, or renewed |
|
before January 1, 2016, is governed by the law as it existed |
|
immediately before the effective date of this Act, and that law is |
|
continued in effect for that purpose. |
|
SECTION 25. The repeal by this Act of Section 4102.069, |
|
Insurance Code, does not affect the authority of a person to act |
|
under a temporary certificate issued by the Texas Department of |
|
Insurance under that section before the effective date of this Act. |
|
SECTION 26. Sections 4102.103(d) and 4102.158(d), |
|
Insurance Code, as added by this Act, apply only to a contract |
|
entered into or solicitation made on or after the effective date of |
|
this Act. |
|
SECTION 27. (a) Except as provided by this section, |
|
Section 4102.104, Insurance Code, as amended by this Act, applies |
|
only to payment for a service performed on or after the effective |
|
date of this Act. |
|
(b) Payment for a service performed before the effective |
|
date of this Act or performed after the effective date of this Act |
|
under a contract entered into before the effective date of this Act |
|
is governed by the law as it existed immediately before the |
|
effective date of this Act, and that law is continued in effect for |
|
that purpose. |
|
SECTION 28. Section 4102.160, Insurance Code, as amended by |
|
this Act, and Section 4102.164, Insurance Code, as added by this |
|
Act, apply only to a referral made on or after the effective date of |
|
this Act. A referral made before the effective date of this Act is |
|
governed by the law as it existed immediately before the effective |
|
date of this Act, and that law is continued in effect for that |
|
purpose. |
|
SECTION 29. The changes in law made by this Act apply only |
|
to an offense committed on or after the effective date of this Act. |
|
An offense committed before the effective date of this Act is |
|
governed by the law in effect when the offense was committed, and |
|
the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense was committed before the |
|
effective date of this Act if any element of the offense occurred |
|
before that date. |
|
SECTION 30. This Act takes effect September 1, 2015. |