§ 4101.002 — GENERAL EXEMPTIONS.

Texas § 4101.002

• Jurisdiction: Texas
• Code IN: Insurance Code

Text

Sec. 4101.002. GENERAL EXEMPTIONS. (a) This chapter does not apply to:
(1) an attorney who:
(A) adjusts insurance losses periodically and incidentally to the practice of law; and
(B) does not represent that the attorney is an adjuster;
(2) a salaried employee of an insurer who is not regularly engaged in the adjustment, investigation, or supervision of insurance claims;
(3) a person employed only to furnish technical assistance to a licensed adjuster, including:
(A) an attorney;
(B) an engineer;
(C) an estimator;
(D) a handwriting expert;
(E) a photographer; and
(F) a private detective;
(4) an agent or general agent of an authorized insurer who processes an undisputed or uncontested loss for the insurer under a policy issued by the agent or general agent;
(5) a person who performs clerical duties and does not negotiate with parties to disputed or contested claims;
(6) a person who handles claims arising under life, accident, and health insurance policies;
(7) a person:
(A) who is employed principally as:
(i) a right-of-way agent; or
(ii) a right-of-way and claims agent;
(B) whose primary responsibility is the acquisition of easements, leases, permits, or other real property rights; and
(C) who handles only claims arising out of operations under those easements, leases, permits, or other contracts or contractual obligations;
(8) an individual who is employed to investigate suspected fraudulent insurance claims but who does not adjust losses or determine claims payments;
(9) a public insurance adjuster licensed under Chapter 4102 ;
(10) an individual who:
(A) collects claim information from, or furnishes claim information to, an insured or claimant and enters data into an automated claims adjudication system; and
(B) is employed by a licensed independent adjuster or its affiliate under circumstances in which no more than 25 individuals performing duties described by Paragraph (A) are supervised by a single licensed independent adjuster or a single licensed agent; or
(11) an individual employed by an insurer or an affiliate of the insurer who adjusts a loss not to exceed $500, or authorizes a payment on a claim for a loss for which there is a specified coverage limit of $500 or less, arising from a first-party claim under a property and casualty insurance policy.
(b) A nonresident adjuster is not required to hold a license under this chapter to:
(1) adjust a single loss in this state;
(2) adjust losses arising out of a catastrophe common to all those losses; or
(3) act as a temporary substitute for a licensed adjuster.
(c) For purposes of Subsection (a)(6), claims arising under workers' compensation insurance policies, including claims relating to services provided through a certified workers' compensation health care network authorized under Chapter 1305 , do not constitute claims arising under life, accident, or health insurance policies.
(d) A licensed agent acting as a supervisor under Subsection (a)(10) is not required to be licensed as an adjuster.

Legislative History

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1, 2005. Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018 ), Sec. 11.081(a), eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1176 (H.B. 472 ), Sec. 2.05, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 544 (H.B. 2699 ), Sec. 2, eff. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. 198 (S.B. 718 ), Sec. 1, eff. September 1, 2017.