Texas Insurance Code Title 13, Chapter 4102 - Public Insurance Adjusters

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 4102.001 - Definitions
  In this chapter: (1) "License holder" means a person licensed under this chapter as a public insurance adjuster. (2) "Person" includes an individual, firm, company,...
• Texas Section 4102.002 - General Exemptions
  This chapter does not apply to: (1) an officer or employee of the federal or state government or of a political subdivision of the state...
• Texas Section 4102.003 - Certain Construction Regarding Practice Of Law Prohibited
  This chapter may not be construed as entitling a person who is not licensed by the Supreme Court of Texas to practice law in this...
• Texas Section 4102.004 - Rules
  The commissioner may adopt reasonable and necessary rules to implement this chapter, including rules regarding: (1) the qualifications of license holders, in addition to those...
• Texas Section 4102.005 - Code Of Ethics
  The commissioner by rule shall adopt: (1) a code of ethics for public insurance adjusters that fosters the education of public insurance adjusters concerning the...

SUBCHAPTER B LICENSE REQUIREMENTS

• Texas Section 4102.006 - Notice To Last Address
  Notice by registered mail, return receipt requested, sent to the last known address of an applicant for a license, a license holder, or another person...
• Texas Section 4102.051 - License Required; Exemption
  (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...
• Texas Section 4102.052 - Application
  (a) An application for a license under this chapter must be on a form prescribed by the commissioner. (b) The completed application must be notarized...
• Texas Section 4102.053 - Issuance Of License To Resident
  (a) The commissioner shall issue a public insurance adjuster license to an applicant on determining that the application meets the requirements of this chapter, the...
• Texas Section 4102.054 - Issuance Of License To Nonresident
  (a) The commissioner may issue a nonresident license to an applicant for a public insurance adjuster license who is not a permanent resident of this...
• Texas Section 4102.055 - Issuance Of License To Business Entity Organized In This State
  (a) The commissioner shall adopt rules necessary to issue a public insurance adjuster license to a business entity organized under the laws of this state....
• Texas Section 4102.056 - Issuance Of License To Business Entity Not Organized In This State
  (a) The commissioner shall adopt rules necessary to issue a public insurance adjuster license to a business entity organized under the laws of another state...
• Texas Section 4102.057 - Examination Required
  (a) Except as otherwise provided by this chapter, each applicant for a license as a public insurance adjuster must, before the issuance of the license,...
• Texas Section 4102.058 - Exemption From Examination Requirement
  The examination requirement imposed by Section 4102.057 does not apply to: (1) an applicant who is licensed as a resident public insurance adjuster in the...
• Texas Section 4102.060 - Examination Form And Time
  (a) The answers of an examinee to an examination required under this chapter shall be made by the examinee in writing. A written examination may...
• Texas Section 4102.061 - License Form
  The commissioner shall prescribe the form of the licenses issued under this chapter. Each license must contain: (1) the name of the public insurance adjuster...
• Texas Section 4102.062 - Expiration
  A license issued under this chapter expires as provided by Chapter 4003 unless suspended or revoked by the commissioner. Added by Acts 2005, 79th Leg.,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas 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...
• Texas Section 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...

SUBCHAPTER C POWERS AND DUTIES

• Texas Section 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.
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D PROHIBITED CONDUCT

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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.,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 4102.163 - Certain Roofing-related Business Prohibited
  (a) A roofing contractor may not act as a public adjuster or advertise to adjust claims for any property for which the contractor is providing...

SUBCHAPTER E ENFORCEMENT

• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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.
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

Last modified: September 28, 2016