Tex. Ins. Code 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, in writing, on a form approved by the commissioner, executed in duplicate by the license holder and the insured or the insured’s duly authorized representative. A license holder may not use any form of contract that is not approved by the commissioner.

(b)

The contract must contain a provision allowing the client to rescind the contract by written notice to the license holder within 72 hours of signature, and must include a prominently displayed notice in 12-point boldface type that states “WE REPRESENT THE INSURED ONLY.” The commissioner by rule may require additional prominently displayed notice requirements in the contract as the commissioner considers necessary.

(c)

One copy of the contract shall be kept on file in this state by the license holder and must be available at all times for inspection, without notice, by the commissioner or the commissioner’s duly authorized representative.

(d)

A license holder may not enter into a contract with an insured and collect a commission as provided by Section 4102.104 (Commissions) without the intent to actually perform the services customarily provided by a licensed public insurance adjuster for the insured.
Added by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.082(a), eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1178 (S.B. 1060), Sec. 3, eff. September 1, 2015.

Source: Section 4102.103 — Contract for Services Required, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­4102.­htm#4102.­103 (accessed Jun. 5, 2024).

4102.001
Definitions
4102.002
General Exemptions
4102.003
Certain Construction Regarding Practice of Law Prohibited
4102.004
Rules
4102.005
Code of Ethics
4102.006
Notice to Last Address
4102.007
Right to Contract with License Holder
4102.051
License Required
4102.052
Application
4102.053
Issuance of License to Resident
4102.054
Issuance of License to Nonresident
4102.055
Issuance of License to Business Entity Organized in This State
4102.056
Issuance of License to Business Entity Not Organized in This State
4102.057
Examination Required
4102.058
Exemption from Examination Requirement
4102.060
Examination Form and Time
4102.061
License Form
4102.062
Expiration
4102.063
Notice of Expiration
4102.064
Renewal of Unexpired License
4102.065
Renewal of Expired License
4102.066
Fees
4102.067
Use of Fees
4102.068
License Not Assignable
4102.101
General Authority
4102.102
Compliance with Insurance Contract
4102.103
Contract for Services Required
4102.104
Commissions
4102.105
Financial Responsibility
4102.106
Place of Business
4102.107
Agent for Service of Process
4102.108
Posting of License
4102.109
Continuing Education
4102.110
Record Maintenance
4102.111
Fiduciary Capacity
4102.112
Relocation to Another State
4102.113
Advertisements
4102.114
Duties of Nonresident License Holder
4102.151
Solicitation Prohibited During Natural Disaster
4102.152
Solicitation Prohibited During Certain Hours
4102.153
Certain Reports and Disclosures Prohibited
4102.154
Use of Badge Prohibited
4102.155
Certain Delegation Prohibited
4102.156
Practice of Law Prohibited
4102.157
Certain Business Prohibited
4102.158
Conflicts of Interest Prohibited
4102.159
Misrepresentation Prohibited
4102.160
Certain Payments Prohibited
4102.161
Certain Representations Prohibited
4102.162
Use of Different Name Prohibited
4102.163
Certain Contractor Business Prohibited
4102.164
Acceptance of Referral Payments Prohibited
4102.201
Denial, Suspension, or Revocation of License
4102.202
Application for License After Suspension, Denial of Application, or Revocation of License
4102.203
Disciplinary Proceeding for Conduct Committed Before Surrender or Forfeiture of License
4102.204
Administrative Penalty
4102.205
Automatic Fines
4102.206
Criminal Penalty
4102.207
Insured Option to Void Contract
4102.208
Emergency Cease and Desist Order

Accessed:
Jun. 5, 2024

§ 4102.103’s source at texas​.gov