Texas § BC.27.02 - GOODS OR SERVICES PAID FOR BY INSURANCE PROCEEDS

§ BC.27.02. GOODS OR SERVICES PAID FOR BY INSURANCE PROCEEDS

GOODS OR SERVICES PAID FOR BY INSURANCE PROCEEDS: PAYMENT OF DEDUCTIBLE REQUIRED. (a) In this section, "property insurance policy" has the meaning assigned by Section 707.001 , Insurance Code. (b) A contract to provide a good or service that is reasonably expected to be paid wholly or partly from the proceeds of a claim under a property insurance policy and that has a contract price of $1,000 or more must contain the following notice in at least 12-point boldfaced type: "Texas law requires a person insured under a property insurance policy to pay any deductible applicable to a claim made under the policy. It is a violation of Texas law for a seller of goods or services who reasonably expects to be paid wholly or partly from the proceeds of a property insurance claim to knowingly allow the insured person to fail to pay, or assist the insured person's failure to pay, the applicable insurance deductible." (c) A person who sells goods or services commits an offense if the person: (1) advertises or promises to provide a good or service to an insured under a property insurance policy in a transaction in which: (A) the good or service will be paid for by the insured from the proceeds of a property insurance claim; and (B) the person selling the good or service will, without the insurer's consent: (i) pay, waive, absorb, or otherwise decline to charge or collect the amount of the insured's deductible; (ii) provide a rebate or credit in connection with the sale of the good or service that will offset all or part of the amount paid by the insured as a deductible; or (iii) in any other manner assist the insured in avoiding monetary payment of the required insurance deductible; or (2) provides a good or service to an insured under a property insurance policy knowing that the insured will pay for the good or service with the proceeds of a claim under the policy and, without the insurer's consent: (A) pays, waives, absorbs, or otherwise declines to charge or collect the amount of the insured's deductible; (B) provides a rebate or credit in connection with the sale of the good or service that offsets all or part of the amount paid by the insured as a deductible; or (C) in any other manner assists the insured in avoiding monetary payment of the required insurance deductible. (d) An offense under this section is a Class B misdemeanor. Added by Acts 1989, 71st Leg., ch. 898, Sec. 1, eff. Sept. 1, 1989. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1099 (H.B. 2102 ), Sec. 2, eff. September 1, 2019.