Tex.
Ins. Code Section 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 (Public Insurance Adjusters);(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 (Workers’ Compensation Health Care Networks), 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.
Source:
Section 4101.002 — General Exemptions, https://statutes.capitol.texas.gov/Docs/IN/htm/IN.4101.htm#4101.002 (accessed Apr. 29, 2024).
