Bill Text: TX HB3851 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the waiving of insurance deductibles and other manipulation of charges in the insurance claims process, creating an offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to Insurance [HB3851 Detail]
Download: Texas-2015-HB3851-Introduced.html
By: Thompson of Brazoria | H.B. No. 3851 |
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relating to the waiving of insurance deductibles and other | ||
manipulation of charges in the insurance claims process, creating | ||
an offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 27.02, Business and | ||
Commerce Code, is amended to read as follows: | ||
Sec. 27.02. WAIVING OF DEDUCTIBLES AND OTHER MANIPULATION | ||
OF CHARGES IN INSURANCE CLAIMS |
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SECTION 2. Sections 27.02(a) and (b), Business and Commerce | ||
Code, are amended to read as follows: | ||
(a) A person who provides |
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wholly or partially compensated with payments arising from a claim | ||
under a property or casualty insurance policy commits an offense | ||
if: | ||
(1) the person advertises or promises to |
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credit, or otherwise cover for any reason [ |
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deductible or other uninsured amount owed by an insured under the | ||
terms of the applicable policy; [ |
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(2 |
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provided to an insurer any estimate or other statement as to the | ||
cost of repair for the good or service provided that has been | ||
increased, inflated, or otherwise manipulated [ |
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greater than all or part of the applicable insurance deductible or | ||
other uninsured amount owed by an insured under the terms of the | ||
applicable policy |
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(b) A person who is insured under a property or casualty | ||
insurance policy commits an offense if the person: | ||
(1) knowingly submits a claim under the policy based | ||
on conduct |
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section; or | ||
(2) knowingly allows a claim in violation of | ||
Subsection (a) of this section to be submitted, unless the person | ||
promptly notifies the insurer of the conduct in violation of | ||
Subsection (a) |
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(c) An offense under this section is a Class A | ||
misdemeanor. | ||
SECTION 2. This Act takes effect September 1, 2015. |