73R10104 DLF/PB-F
          By Counts                                             H.B. No. 1461
    1-1  Substitute the following for H.B. No. 1461:
    1-2  By Rudd                                           C.S.H.B. No. 1461
    1-3                                AN ACT
    1-4  relating to insurance regulation and to the continuation, powers,
    1-5  and duties of the Texas Department of Insurance and the office of
    1-6  public insurance counsel; providing administrative penalties.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8      ARTICLE 1.  ORGANIZATION OF TEXAS DEPARTMENT OF INSURANCE;
    1-9        FUNCTIONS OF COMMISSIONER AND STATE BOARD OF INSURANCE
   1-10        SECTION 1.01.  Article 1.02, Insurance Code, is amended to
   1-11  read as follows:
   1-12        Art. 1.02.  Operation of Department<; Board>.  (a)  A
   1-13  provision of this code or another insurance law, including an
   1-14  enactment or reenactment of a provision of this code or another
   1-15  insurance law by the 73rd Legislature, Regular Session, 1993, that
   1-16  references the State Board of Insurance or the Commissioner of
   1-17  Insurance is not intended to conflict with this article.  A
   1-18  reference in this code or another insurance law to the State Board
   1-19  of Insurance or the Commissioner of Insurance means the Texas
   1-20  Insurance Rate Board, the Commissioner of Insurance, or the Texas
   1-21  Department of Insurance, as consistent with the respective powers
   1-22  and duties of those persons or entities under this article.  <The
   1-23  State Board of Insurance is composed of three members, all of whom
   1-24  shall be citizens of Texas.  They shall be appointed by the
    2-1  Governor, by and with the advice and consent of the Senate of
    2-2  Texas.  The term of office of each member shall be as provided in
    2-3  this Code.  Each member of the Board shall be a person with at
    2-4  least ten (10) years of successful experience in business,
    2-5  professional or governmental activities, or a total of at least ten
    2-6  (10) years in any combination of two or more of such activities.
    2-7  Each member shall be available at all reasonable times for the
    2-8  discharge of the duties and functions delegated to the members of
    2-9  the Board by law, but the members shall act as a unit, and in no
   2-10  event shall the individual members divide or confine their
   2-11  activities to special fields of insurance regulation or attempt to
   2-12  administer the functions hereinafter assigned to the Commissioner.>
   2-13        (b)  The powers, functions, authority, prerogatives, duties,
   2-14  obligations, and responsibilities vested in the department shall be
   2-15  exercised, performed, carried out, and administered by the
   2-16  Commissioner as the chief executive and administrative officer of
   2-17  the department in accordance with the pertinent laws of this state
   2-18  and the rules and regulations for uniform application adopted by
   2-19  the Commissioner and the Rate Board <and subject to the general
   2-20  supervision and direction of the Board>.  The Rate <duties of the
   2-21  State> Board <of Insurance> shall promulgate rates in accordance
   2-22  with this code or other insurance laws of this state and may adopt
   2-23  rules and procedures for ratemaking.  As relates to title
   2-24  insurance, the Rate Board shall promulgate rates, rate rules, and
   2-25  other rules and forms for which rates may be promulgated, in
   2-26  accordance with Chapter 9 of this code and may adopt rules and
   2-27  procedures for ratemaking.  The Rate Board may not perform any
    3-1  function that is not related to the promulgation of rates <be
    3-2  primarily in a supervisory capacity, and the carrying out and
    3-3  administering the details of the Insurance Code, other insurance
    3-4  laws of this state, and other laws providing jurisdiction in or
    3-5  applicable to the department or the Commissioner shall be primarily
    3-6  the duty and responsibility of the Commissioner acting under the
    3-7  general supervision and direction of the Board>.
    3-8        (c)  <On February 10th of each odd-numbered year, the
    3-9  Governor shall appoint from among the membership of the Board a
   3-10  Chairman who shall be known and designated as the Chairman of the
   3-11  State Board of Insurance.>
   3-12        <(d)>  The Texas Department of Insurance is subject to
   3-13  Chapter 325, Government Code (Texas Sunset Act).  Unless continued
   3-14  in existence as provided by that chapter, the department is
   3-15  abolished September 1, 2005 <1993>.
   3-16        <(e)  Appointments to the board shall be made without regard
   3-17  to the race, creed, sex, religion, or national origin of the
   3-18  appointees.  In making appointments under this section, the
   3-19  governor shall attempt to appoint members of different minority
   3-20  groups including females, African-Americans, Hispanic-Americans,
   3-21  Native Americans, and Asian-Americans.>
   3-22        <(f)  In addition to grounds provided by other applicable law
   3-23  providing for removal from office, it is a ground for removal from
   3-24  the board that a member:>
   3-25              <(1)  does not have at the time of appointment the
   3-26  qualifications required by this article for appointment to the
   3-27  board;>
    4-1              <(2)  does not maintain during the service on the board
    4-2  the qualifications required by this article for appointment to the
    4-3  board; or>
    4-4              <(3)  violates a prohibition established by Article
    4-5  1.06A of this code.>
    4-6        <(g)  The validity of an action of the board is not affected
    4-7  by the fact that it was taken when a ground for removal of a member
    4-8  of the board existed.>
    4-9        (d) <(h)>  The Commissioner or the Commissioner's designee
   4-10  <board> shall prepare and maintain a written policy statement
   4-11  <plan> to ensure <assure> implementation of a program of equal
   4-12  employment opportunity under which <whereby> all personnel
   4-13  transactions are made without regard to race, color, disability,
   4-14  sex, religion, age, or national origin.  The policy statement
   4-15  <plan> must include:
   4-16              (1)  personnel policies, including policies relating to
   4-17  <a comprehensive analysis of all employees by race, sex, ethnic
   4-18  origin, class of position, and salary or wage;>
   4-19              <(2)  plans for> recruitment, evaluation, selection,
   4-20  appointment, training, and promotion of<, and other> personnel that
   4-21  are in compliance with the Commission on Human Rights Act (Article
   4-22  5221k, Vernon's Texas Civil Statutes) <policies>;
   4-23              (2)  a comprehensive analysis of the department work
   4-24  force that meets federal and state guidelines;
   4-25              (3)  procedures by which a determination can be made of
   4-26  significant underuse in the department work force of all persons
   4-27  for whom federal or state guidelines encourage a more equitable
    5-1  balance; and
    5-2              (4)  reasonable methods to appropriately address those
    5-3  areas of significant underuse
    5-4              <(3)  steps reasonably designed to overcome any
    5-5  identified underutilization of minorities and women in the
    5-6  department's work force; and>
    5-7              <(4)  objectives and goals, timetables for the
    5-8  achievement of those objectives and goals, and assignments of
    5-9  responsibility for their achievement>.
   5-10        (e)  A policy statement prepared under Subsection (d) of this
   5-11  article must cover an annual period, be updated annually, be
   5-12  reviewed by the Commission on Human Rights for compliance with
   5-13  Subsection (d)(1) of this article, and be filed with the governor's
   5-14  office.
   5-15        (f)  The governor's office shall deliver a biennial report to
   5-16  the legislature based on the information received under Subsection
   5-17  (e) of this article.  The report may be made separately or as a
   5-18  part of other biennial reports made to the legislature.
   5-19        (g)  The Commissioner shall develop and implement policies
   5-20  that clearly define the respective responsibilities of the
   5-21  Commissioner, the Rate Board, and the staff of the department.
   5-22        (h)  The Commissioner shall provide to Rate Board members and
   5-23  department employees, as often as necessary, information regarding
   5-24  their qualification for office or employment under this code and
   5-25  their responsibilities under applicable laws relating to standards
   5-26  of conduct for state officers or employees.
   5-27        <(i)  The plan required by Section (h) of this article shall
    6-1  be filed with the governor's office within 60 days after the
    6-2  effective date of that section, cover an annual period, and be
    6-3  updated at least annually.  Progress reports shall be submitted to
    6-4  the governor's office within 30 days before November 1 and April 1
    6-5  of each year and shall include the steps the department has taken
    6-6  within the reporting period to comply with those requirements.>
    6-7        SECTION 1.02.  Article 1.01A, Insurance Code, is amended to
    6-8  read as follows:
    6-9        Art. 1.01A.  Creation and Structure of the Texas Department
   6-10  of Insurance.  (a)  In this code and other insurance laws:
   6-11              (1)  <"Board" means the three-member State Board of
   6-12  Insurance.>
   6-13              <(2)>  "Department" means the Texas Department of
   6-14  Insurance.
   6-15              (2) <(3)>  "Commissioner" means the Commissioner of
   6-16  Insurance appointed under Article 1.09 of this code.
   6-17              (3)  "Rate board" means the Texas Insurance Rate Board.
   6-18        (b)  The Texas Department of Insurance is created to regulate
   6-19  the business of insurance in this state.  The department is
   6-20  composed of the rate board, the Commissioner, and other officers
   6-21  and employees required to efficiently implement the purpose of this
   6-22  code, other insurance laws of this state, and other laws providing
   6-23  jurisdiction in or applicable to the department, rate board, or
   6-24  Commissioner.
   6-25        (c)  Except as otherwise provided by law, all references in
   6-26  this code and other statutes of this state to the board, the Board
   6-27  of Insurance Commissioners, the State Board of Insurance, or
    7-1  individual commissioners mean the department, the rate board, or
    7-2  the Commissioner as consistent with the respective duties of those
    7-3  persons or entities under this code and other laws relating to the
    7-4  business of insurance in this state.
    7-5        SECTION 1.03.  Chapter 1, Insurance Code, is amended by
    7-6  amending Articles 1.03 and 1.04 and adding Articles 1.03A, 1.04A,
    7-7  1.04B, and 1.04C to read as follows:
    7-8        Art. 1.03.  TEXAS INSURANCE RATE BOARD; APPOINTMENT; TERMS OF
    7-9  OFFICE.  (a)  The Texas Insurance Rate Board is composed of six
   7-10  members.  Each member of the Rate Board must:
   7-11              (1)  be a citizen of this state; and
   7-12              (2)  have at least 10 years of successful experience in
   7-13  business, professional, or governmental activities.
   7-14        (b)  Each member of the Rate Board shall be available at all
   7-15  reasonable times for the discharge of the duties and functions
   7-16  delegated to the members of the Rate Board by law, but the members
   7-17  shall act as a unit, and individual members may not divide or
   7-18  confine their activities to a special field of insurance rate
   7-19  regulation or attempt to administer the functions assigned to the
   7-20  Commissioner.
   7-21        (c)  In each odd-numbered year, the Governor shall appoint,
   7-22  by and with the advice and consent of the Senate of Texas, two
   7-23  members <a member> to the Texas Insurance Rate Board <State Board
   7-24  of Insurance> for terms <a term> of six years which <term> shall
   7-25  begin on the first day of February of each such year <years>.  Each
   7-26  member shall serve until the member's successor has qualified<;
   7-27  provided that the Governor may remove from office any member of the
    8-1  Board who fails for any reason to attend a meeting of the Board for
    8-2  three consecutive months, and the Governor shall remove from office
    8-3  any member of the Board who for any reason fails to attend a
    8-4  meeting of the Board for six months.  Such removal shall be by an
    8-5  instrument in writing filed with the Secretary of State and the
    8-6  State Board of Insurance, and the office of the member so removed
    8-7  shall be deemed vacant the same as if the member had died or
    8-8  resigned>.
    8-9        (d)  Effective February 10 of each odd-numbered year, the
   8-10  governor shall appoint a chairman of the Rate Board from among the
   8-11  members of the Rate Board.
   8-12        (e) <(b)>  Vacancies occurring in any such office on the Rate
   8-13  Board during any term shall, with the advice and consent of the
   8-14  Senate, be filled by appointment by the Governor, which appointment
   8-15  shall extend only to the end of the unexpired term.
   8-16        (f)  A person is not eligible for appointment to the Rate
   8-17  Board if the person, the person's spouse, or any person that
   8-18  resides in the same household as the person:
   8-19              (1)  is registered, certified, or licensed by the
   8-20  department;
   8-21              (2)  is employed by or participates in the management
   8-22  of a business entity or other organization regulated by the
   8-23  department or receiving funds from the department;
   8-24              (3)  owns or controls, directly or indirectly, more
   8-25  than a 10 percent interest in a business entity or other
   8-26  organization regulated by the department or receiving funds from
   8-27  the department; or
    9-1              (4)  uses or receives a substantial amount of tangible
    9-2  goods, services, or funds from the department, other than
    9-3  compensation or reimbursement authorized by law for Rate Board
    9-4  membership, attendance, or expenses.
    9-5        (g)  Appointments to the Rate Board shall be made without
    9-6  regard to the race, color, disability, sex, religion, age, or
    9-7  national origin of the appointees.  In making appointments under
    9-8  this section, the Governor shall attempt to appoint members of
    9-9  different minority groups, including women, African Americans,
   9-10  Hispanic Americans, Native Americans, and Asian Americans.
   9-11        (h)  It is a ground for removal from the Rate Board if a
   9-12  member:
   9-13              (1)  does not have at the time of appointment the
   9-14  qualifications required by Subsection (a) of this article;
   9-15              (2)  does not maintain during service on the Rate Board
   9-16  the qualifications required by Subsection (a) of this article;
   9-17              (3)  violates a prohibition established by Article
   9-18  1.06, 1.06A, or 1.06B of this code;
   9-19              (4)  cannot discharge the member's duties for a
   9-20  substantial part of the term for which the member is appointed
   9-21  because of illness or disability; or
   9-22              (5)  is absent from more than half of the regularly
   9-23  scheduled Rate Board meetings that the member is eligible to attend
   9-24  during a calendar year unless the absence is excused by majority
   9-25  vote of the Rate Board.
   9-26        (i)  The validity of an action of the Rate Board is not
   9-27  affected by the fact that it is taken when a ground for removal of
   10-1  a Rate Board member exists.
   10-2        (j)  If the Commissioner has knowledge that a potential
   10-3  ground for removal exists, the Commissioner shall notify the
   10-4  chairman of the Rate Board of the ground.   The chairman shall then
   10-5  notify the Governor that a potential ground for removal exists.
   10-6        Art. 1.03A.  RULES FOR GENERAL APPLICATION.  The Commissioner
   10-7  may adopt <1.04.  ><Duties and Organization of the State Board of
   10-8  Insurance><.  (a)  The State Board of Insurance shall operate and
   10-9  function as one body or a unit and a majority vote of the members
  10-10  of the Board shall be necessary to transact any of its official
  10-11  business.  The Board shall maintain one official set of records of
  10-12  its proceedings and actions.>
  10-13        <(b)  The State Board of Insurance shall determine policy for
  10-14  the department, rules, rates, forms, and appeals as provided by
  10-15  law, and shall assume other duties that are expressly assigned to
  10-16  the Board by law, but otherwise the Board shall execute its duties
  10-17  through the Commissioner as provided by law, in accordance with the
  10-18  laws of this state and the rules and regulations for uniform
  10-19  application as made by the Board.>
  10-20        <(c)  All> rules and regulations for the conduct and
  10-21  execution of the duties and functions of the department, which
  10-22  shall be rules for general and uniform application and shall be
  10-23  <adopted and> published by the Commissioner <Board> on the basis of
  10-24  a systematic organization of such rules by their subject matter and
  10-25  content.  <The Commissioner may make recommendations to the Board
  10-26  regarding such rules and regulations, including amendments, changes
  10-27  and additions.>  Such published rules shall be kept current and
   11-1  shall be available in a form convenient to all interested persons.
   11-2        Art. 1.04.  APPEAL OF DECISION OF RATE BOARD OR COMMISSIONER.
   11-3  (a) <(d)  Any person or organization, private or public, that is
   11-4  affected by any ruling or action of the Commissioner shall have the
   11-5  right to have such ruling or action reviewed by the State Board of
   11-6  Insurance by making an application to the Board.  Such application
   11-7  shall state the identities of the parties, the ruling or action
   11-8  complained of, the interests of the parties in such ruling, the
   11-9  grounds of such objections, the action sought of the Board and the
  11-10  reasons and grounds for such action by the Board.  The original
  11-11  shall be filed with the Chief Clerk of the Board together with a
  11-12  certification that a true and correct copy of such application has
  11-13  been filed with the Commissioner.  Within thirty (30) days after
  11-14  the application is filed, and after ten (10) days written notice to
  11-15  all parties of record, the Board shall review the action complained
  11-16  of in a public hearing and render its decision at the earliest
  11-17  possible date thereafter.  The Board shall make such other rules
  11-18  and regulations with regard to such applications and their
  11-19  consideration as it deems advisable, not inconsistent with this
  11-20  Article.  Said application shall have precedence over all other
  11-21  business of a different nature pending before the Board.>
  11-22        <In the public hearing, any and all evidence and matters
  11-23  pertinent to the appeal may be submitted to the Board, whether
  11-24  included in the application or not.>
  11-25        <(f)>  If any insurance company or other party at interest be
  11-26  dissatisfied with any ruling, action, decision, regulation, order,
  11-27  <rate,> rule, form, act, or administrative ruling adopted by the
   12-1  Commissioner or a decision, rate, or rule adopted by the Rate
   12-2  <State> Board <of Insurance>, such dissatisfied company or party at
   12-3  interest after failing to get relief from the Commissioner or the
   12-4  Rate <State> Board <of Insurance>, as applicable, may file a
   12-5  petition setting forth the particular objection to such ruling,
   12-6  action, decision, regulation, order, rate, rule, form, act, or
   12-7  administrative ruling, or to either or all of them, in the District
   12-8  Court of Travis County, Texas, and not elsewhere, against the
   12-9  Commissioner or the Rate <State> Board, as applicable, <of
  12-10  Insurance> as defendant.  Judicial review of a ruling, action,
  12-11  decision, regulation, order, rate, rule, form, act, or
  12-12  administrative ruling of the Commissioner or the Rate Board is
  12-13  subject to the substantial evidence rule and shall be conducted
  12-14  under the Administrative Procedure and Texas Register Act (Article
  12-15  6252-13a, Vernon's Texas Civil Statutes).  The filing of a petition
  12-16  for judicial review of a ruling, action, decision, regulation,
  12-17  order, rate, rule, form, act, or administrative ruling of the
  12-18  Commissioner or the Rate Board under this subsection does not
  12-19  vacate a decision of the Commissioner or the Rate Board.  After
  12-20  notice and hearing, the court may vacate the decision of the
  12-21  Commissioner or the Rate Board if the court finds it would serve
  12-22  the interest of justice to do so.  Any party to the action may
  12-23  appeal to the Appellate Court having jurisdiction of the cause and
  12-24  the appeal shall be at once returnable to the Appellate Court
  12-25  having jurisdiction of the cause and the action so appealed shall
  12-26  have precedence in the Appellate Court over all causes of a
  12-27  different character therein pending.
   13-1        (b)  The Commissioner or the Rate Board is not required to
   13-2  give any appeal bond in any cause arising under this article
   13-3  <hereunder>.
   13-4        Art. 1.04A.  SALARIED EXAMINERS.  <(g)>  In making
   13-5  examinations of any insurance organization as provided by law, the
   13-6  department may use its own salaried examiners or may use the
   13-7  services of persons or firms qualified to perform such examinations
   13-8  or assist in the performance of such examinations.  Such
   13-9  examination shall cover the period of time that the department
  13-10  requests.  In the event the department does not specify a longer
  13-11  period of time, such examination shall be from the time of the last
  13-12  examination theretofore made by the department to December 31st of
  13-13  the year preceding the examination then being made.  All fees paid
  13-14  to those persons or firms whose services are used shall be paid at
  13-15  the usual and customary rates charged for the performance of those
  13-16  services, subject to the right of the Commissioner <Board> to
  13-17  disapprove for payment any fees that are excessive in relation to
  13-18  the services actually performed.  Such payment shall be made by the
  13-19  insurance organization being examined and all such examination fees
  13-20  so paid shall be allowed as a credit on the amount of premium or
  13-21  other taxes to be paid by any such insurance organization for the
  13-22  taxable year during which examination fees are paid just as
  13-23  examination fees are credited when the department uses its own
  13-24  salaried examiners.
  13-25        Art. 1.04B.  POLICY HOLDER COMPLAINTS.  <(h)>  The department
  13-26  shall establish a program to facilitate resolution of policy holder
  13-27  complaints.
   14-1        Art. 1.04C.  PUBLIC ACCESS.  (a)  The Commissioner shall
   14-2  prepare and maintain a written plan that describes how a person who
   14-3  does not speak English can be provided reasonable access to the
   14-4  department's programs.  The department shall also comply with
   14-5  federal and state laws for program and facility accessibility.
   14-6        (b)  The Commissioner shall develop and implement policies
   14-7  that provide the public with a reasonable opportunity to appear
   14-8  before the Commissioner and to speak on any issue under the
   14-9  jurisdiction of the Commissioner.  The Rate Board shall develop and
  14-10  implement policies that provide the public with a reasonable
  14-11  opportunity to appear before the Rate Board and to speak on any
  14-12  issue under the jurisdiction of the Rate Board.
  14-13        SECTION 1.04.  Chapter 1, Insurance Code, is amended by
  14-14  amending Articles 1.06A and 1.06B,  and adding Article 1.06AA to
  14-15  read as follows:
  14-16        Art. 1.06A.  Conflict of Interest; Trade Associations.
  14-17  (a)  An <A member of the State Board of Insurance, the
  14-18  commissioner, or an employee of the department may not be an>
  14-19  officer, employee, or paid consultant of a trade association in the
  14-20  field of insurance may not be commissioner, a member of the rate
  14-21  board, or an employee of the department who is exempt from the
  14-22  state's position classification plan or is compensated at or above
  14-23  the amount prescribed by the General Appropriations Act for step 1,
  14-24  salary group 17, of the position classification salary schedule
  14-25  <industry>.
  14-26        (b)  A person who is the spouse of an officer, manager, or
  14-27  paid consultant of a trade association in the field of insurance
   15-1  may not be commissioner, a rate board member, or a department
   15-2  employee who is exempt from the state's position classification
   15-3  plan or is compensated at or above the amount prescribed by the
   15-4  General Appropriations Act for step 1, salary group 17, of the
   15-5  position classification salary schedule.
   15-6        (c)  For purposes of this article, a trade association is a
   15-7  nonprofit, cooperative, and voluntarily joined association of
   15-8  business or professional competitors designed to assist its members
   15-9  and its industry or profession in dealing with mutual business or
  15-10  professional problems and in promoting their common interest.
  15-11        Art. 1.06AA.  CONFLICT OF INTEREST; EXEMPT EMPLOYEES.  A
  15-12  <Any> person <whose employment commences after the effective date
  15-13  of this Act> may not be <appointed as a member of the State Board
  15-14  of Insurance or> employed in an exempt salary position as defined
  15-15  by the General Appropriations Act who at the time of <appointment
  15-16  or> employment resides in the same household as a person who is an
  15-17  officer, managerial employee, or paid consultant in the insurance
  15-18  industry.
  15-19        Art. 1.06B.  Lobbying Activities.  A person may not serve as
  15-20  commissioner or as a member of the rate board or act as the general
  15-21  counsel to the commissioner or to the rate board if the person
  15-22  <who> is required to register as a lobbyist under Chapter 305,
  15-23  Government Code, because of the person's <by virtue of his>
  15-24  activities for compensation <in or> on behalf of a profession
  15-25  related to the operation of the department <may not serve as a
  15-26  member of the board or act as the general counsel to the board>.
  15-27        SECTION 1.05.  Article 1.09, Insurance Code, is amended by
   16-1  amending Subsections (a), (b), (f), (g), and (h) and by adding
   16-2  Subsections (i), (j), and (k) to read as follows:
   16-3        (a)  The Commissioner of Insurance is <Board shall appoint a
   16-4  commissioner of insurance, who shall be> the department's chief
   16-5  executive and administrative officer charged with the primary
   16-6  responsibility of administering, enforcing, and carrying out the
   16-7  provisions of the Insurance Code, other insurance laws of this
   16-8  state, and other laws providing jurisdiction in or applicable to
   16-9  the department or commissioner, except for responsibilities
  16-10  relating to the reporting, collection, enforcement, and
  16-11  administration of taxes and certain fees as described under this
  16-12  code or another insurance law of this state that are assigned to
  16-13  the comptroller of public accounts <under the general supervision
  16-14  and direction of the Board.  He shall hold his position at the
  16-15  pleasure of the Board and may be discharged at any time>.
  16-16        (b)  The governor, with the advice and consent of the senate,
  16-17  shall appoint the commissioner for a two-year term ending on
  16-18  February 1 of each odd-numbered year.  The commissioner must
  16-19  <Commissioner of Insurance shall be a resident citizen of Texas,
  16-20  for at least one (1) year immediately prior to his/her appointment
  16-21  and shall> be a competent and experienced administrator, <who
  16-22  shall> be well informed and qualified in the field of insurance and
  16-23  insurance regulation,<.  He/she shall> have had at least 10 <ten
  16-24  (10)> years of <administrative or professional> experience as an
  16-25  executive in the administration of business or government, or as a
  16-26  practicing attorney or certified public accountant, and at least
  16-27  five years of that <shall have had training and> experience in the
   17-1  field of insurance administration or insurance regulation.  The
   17-2  appointment of the commissioner shall be made without regard to the
   17-3  race, color, disability, sex, religion, age, or national origin of
   17-4  the appointee.  No former or present member of the rate board or
   17-5  the State Board of Insurance or former commissioner shall be
   17-6  appointed commissioner <Commissioner of Insurance>.  A person is
   17-7  not eligible for appointment as commissioner if the person, the
   17-8  person's spouse, or any person that resides in the same household
   17-9  as the person:
  17-10              (1)  is registered, certified, or licensed by the
  17-11  department;
  17-12              (2)  is employed by or participates in the management
  17-13  of a business entity or other organization regulated by the
  17-14  department or receiving funds from the department;
  17-15              (3)  owns or controls, directly or indirectly, more
  17-16  than a 10 percent interest in a business entity or other
  17-17  organization regulated by the department or receiving funds from
  17-18  the department; or
  17-19              (4)  uses or receives a substantial amount of tangible
  17-20  goods, services, or funds from the department, other than
  17-21  compensation or reimbursement authorized by law.
  17-22        (f)  The commissioner shall appoint such deputies,
  17-23  assistants, and other personnel as are necessary to carry out the
  17-24  duties and functions devolving upon the commissioner <him> and the
  17-25  department under the Insurance Code, other insurance laws of this
  17-26  state, and other laws providing jurisdiction in or applicable to
  17-27  the department or the commissioner, subject to the authorization by
   18-1  the Legislature in its appropriations bills or otherwise<, and to
   18-2  the rules of the Board>.  A person appointed under this subsection
   18-3  must have the professional, administrative, and insurance
   18-4  experience necessary to qualify for the particular position held.
   18-5  An associate commissioner or deputy commissioner must have at least
   18-6  five years of the administrative or professional experience
   18-7  required for appointment as commissioner, and at least two years of
   18-8  that experience must be in the field of insurance or insurance
   18-9  regulation.
  18-10        (g)  The commissioner or the commissioner's <his> designee
  18-11  shall develop an intra-agency <intraagency> career ladder program.
  18-12  The program shall require intra-agency posting of all nonentry
  18-13  level positions concurrently with any public posting<, one part of
  18-14  which shall be the intraagency posting of each nonentry level
  18-15  classified position for at least five days before the position is
  18-16  filled.  Notwithstanding any other law to the contrary, a posting
  18-17  of a position is not required in the case of:>
  18-18              <(1)  a lateral intraagency transfer; or>
  18-19              <(2)  the promotion of a present employee to a position
  18-20  in a higher pay group because of the employee's ability to assume
  18-21  greater job responsibilities or additional duties or the employee's
  18-22  greater expertise rather than for the mere purpose of filling an
  18-23  existing vacancy>.
  18-24        (h)  The commissioner or the commissioner's <his> designee
  18-25  shall develop a system of annual performance evaluations <reviews
  18-26  that evaluate both the quality and quantity of the job tasks
  18-27  performed>.  All merit pay for department employees must be based
   19-1  on the system established under this subsection <section>.
   19-2        (i)  It is a ground for removal from office if the
   19-3  commissioner:
   19-4              (1)  does not have at the time of appointment the
   19-5  qualifications required by Subsection (b) of this section;
   19-6              (2)  does not maintain during service as commissioner
   19-7  the qualifications required by Subsection (b) of this section;
   19-8              (3)  violates a prohibition established by Subsection
   19-9  (b) of this section or Article 1.06, 1.06A, or 1.06B of this code;
  19-10  or
  19-11              (4)  cannot discharge the commissioner's duties for a
  19-12  substantial part of the term for which the commissioner is
  19-13  appointed because of illness or disability.
  19-14        (j)  The validity of an action of the commissioner or the
  19-15  department is not affected by the fact that it is taken when a
  19-16  ground for removal of the commissioner exists.
  19-17        (k)  The commissioner shall create the position of, and
  19-18  appoint a person to serve as, the chief operating officer of the
  19-19  department, who shall have direct responsibility for running the
  19-20  day-to-day operations of the department.
  19-21        SECTION 1.06.  Article 1.09-1(b), Insurance Code, is amended
  19-22  to read as follows:
  19-23        (b)  <In all rate hearings and policy form proceedings before
  19-24  the Board, except for those rate hearings and proceedings as
  19-25  provided in Subsections (g) and (h), Article 1.35A, of this code,
  19-26  the Attorney General may intervene in the public interest.>  The
  19-27  Board or Commissioner, as appropriate, shall have and exercise the
   20-1  power of subpoena and subpoena duces tecum for witnesses,
   20-2  documents, and other evidence to the extent of the jurisdiction of
   20-3  this state for such hearings and proceedings on its own motion <or
   20-4  upon application of the Attorney General>.
   20-5        SECTION 1.07.  Article 1.10, Insurance Code, is amended to
   20-6  read as follows:
   20-7        Art. 1.10.  DUTIES OF THE DEPARTMENT <BOARD>.  In addition to
   20-8  the other duties required of the Department, the Department <Board,
   20-9  it> shall perform duties as follows:
  20-10              1.  Shall Execute the Laws.  See that all laws
  20-11  respecting insurance and insurance companies are faithfully
  20-12  executed.
  20-13              2.  File Articles of Incorporation and Other Papers.
  20-14  File and preserve in its office all acts or articles of
  20-15  incorporation of insurance companies and all other papers required
  20-16  by law to be deposited with the Department <Board> and, upon
  20-17  application of any party interested therein, furnish certified
  20-18  copies thereof upon payment of the fees prescribed by law.
  20-19              3.  Shall Calculate Reserve.  For every company
  20-20  transacting any kind of insurance business in this State, for which
  20-21  no basis is prescribed by law, the Department <Board> shall
  20-22  calculate the reinsurance reserve upon the same basis prescribed in
  20-23  Article 6.01 of this code as to companies transacting fire
  20-24  insurance business.
  20-25              4.  To Calculate Re-insurance Reserve.  On the
  20-26  thirty-first day of December of each and every year, or as soon
  20-27  thereafter as may be practicable, the Department <Board> shall have
   21-1  calculated in the Department <its office> the re-insurance reserve
   21-2  for all unexpired risks of all insurance companies organized under
   21-3  the laws of this state, or transacting business in this state,
   21-4  transacting any kind of insurance other than life, fire, marine,
   21-5  inland, lightning or tornado insurance, which calculation shall be
   21-6  in accordance with the provisions of Paragraph 3 hereof.
   21-7              5.  When a Company's Surplus is Impaired.  No
   21-8  impairment of the capital stock of a stock company shall be
   21-9  permitted.  No impairment of the surplus of a stock company, or of
  21-10  the minimum required aggregate surplus of a mutual, Lloyd's, or
  21-11  reciprocal insurer, shall be permitted in excess of that provided
  21-12  by this section.  Having charged against a company other than a
  21-13  life insurance company, the reinsurance reserve, as prescribed by
  21-14  the laws of this State, and adding thereto all other debts and
  21-15  claims against the company, the Commissioner shall, (i) if it is
  21-16  determined that the surplus required by Article 2.02 or 2.20 of
  21-17  this code of a stock company doing the kind or kinds of insurance
  21-18  business set out in its Certificate of Authority is impaired to the
  21-19  extent of more than fifty (50%) per cent of the required surplus
  21-20  for a capital stock insurance company, or is less than the minimum
  21-21  level of surplus required by Commissioner <Board> promulgated
  21-22  risk-based capital and surplus regulations, or (ii) if it is
  21-23  determined that the required aggregate surplus of a reciprocal or
  21-24  mutual company, or the required aggregate of guaranty fund and
  21-25  surplus of a Lloyd's company, other than a life insurance company,
  21-26  doing the kind or kinds of insurance business set out in its
  21-27  Certificate of Authority is impaired to the extent of more than
   22-1  twenty-five per cent (25%) of the required aggregate surplus, or is
   22-2  less than the minimum level of surplus required by Commissioner
   22-3  <Board> promulgated risk-based capital and surplus regulations, the
   22-4  Commissioner shall order the company to remedy the impairment of
   22-5  surplus to acceptable levels specified by the Commissioner or to
   22-6  cease to do business within this State.  The Commissioner shall
   22-7  thereupon immediately institute such proceedings as may be
   22-8  necessary to determine what further actions shall be taken in the
   22-9  case.
  22-10              6.  Shall Publish Results of Investigation.  The
  22-11  Department <Board> shall publish the result of an <its> examination
  22-12  of the affairs of any company whenever the Commissioner <Board>
  22-13  deems it for the interest of the public.
  22-14              7.  May Order Sanctions.  (a)  After notice and
  22-15  opportunity for a hearing, the Commissioner <State Board of
  22-16  Insurance> may cancel or revoke any permit, license, certificate of
  22-17  authority, certificate of registration, or other authorization
  22-18  issued or existing under its authority or the authorization of this
  22-19  Code if the holder or possessor of same is found to be in violation
  22-20  of, or to have failed to comply with, a specific provision of the
  22-21  Code or any duly promulgated rule or regulation of the Commissioner
  22-22  or the Rate <State> Board <of Insurance>.  In lieu of such
  22-23  cancellation or revocation, the Commissioner <State Board of
  22-24  Insurance> may order one or more of the following sanctions if it
  22-25  determines from the facts that such would be more fair, reasonable,
  22-26  or equitable:
  22-27                          (1)  Suspend such authorization for a time
   23-1  certain, not to exceed one year;
   23-2                          (2)  Order the holder or possessor of such
   23-3  authorization to cease and desist from the specified activity
   23-4  determined to be in violation of specific provisions of this Code
   23-5  or rules and regulations of the Commissioner or the Rate <State>
   23-6  Board <of Insurance> or from failure to comply with such provisions
   23-7  of this Code or such rules and regulations;
   23-8                          (3)  Direct the holder or possessor of such
   23-9  authorization to pay an administrative penalty in accordance with
  23-10  Article 1.10E of this code <remit within a specified time, not to
  23-11  exceed sixty (60) days, a specified monetary forfeiture not to
  23-12  exceed Twenty-five Thousand ($25,000) Dollars for such violation or
  23-13  failure to comply>; or
  23-14                          (4)  Direct the holder or possessor of such
  23-15  authorization to make complete restitution to all Texas residents,
  23-16  Texas insureds, and entities operating in Texas harmed by the
  23-17  violation or failure to comply.
  23-18                    (b)  Restitution under Subdivision (4) of
  23-19  Subsection (a) must be made in the form and amount and within the
  23-20  period determined by the Commissioner <State Board of Insurance>.
  23-21                    (c)  <Any monetary forfeiture paid as a result of
  23-22  an order issued pursuant to Subdivision (3) of Subsection (a) shall
  23-23  be deposited with the State Treasurer to the credit of the General
  23-24  Revenue Fund.>
  23-25                    <(d)>  If it is found after hearing that any
  23-26  holder or possessor has failed to comply with an order issued
  23-27  pursuant to Subsection (a), the Commissioner <State Board of
   24-1  Insurance> shall, unless its order is lawfully stayed, cancel all
   24-2  authorizations of such holder or possessor.
   24-3                    (d) <(e)>  The Commissioner may <State Board of
   24-4  Insurance shall have authority to> informally dispose of any matter
   24-5  specified in this section by consent order, agreed settlement,
   24-6  stipulations, or default.  An informal disposition or consent order
   24-7  may include a provision under which the holder or possessor agrees
   24-8  to a sanction under this section with the express reservation that:
   24-9                          (1)  the holder or possessor is not
  24-10  admitting any violation of this code or of a rule or regulation;
  24-11  and
  24-12                          (2)  the existence of a violation is in
  24-13  dispute.
  24-14                    (e) <(f)>  The Commissioner <Board> shall give
  24-15  notice of any action taken pursuant to this section to the
  24-16  Insurance Commissioner or other similar officer of every state.
  24-17                    (f) <(g)>  The authority vested in the
  24-18  Commissioner <State Board of Insurance> in this Article shall be in
  24-19  addition to and not in lieu of any other authority to enforce or
  24-20  cause to be enforced any sanctions, penalties, fines, forfeitures,
  24-21  denials, suspensions, or revocations otherwise authorized by law,
  24-22  and shall be applicable to every form of authorization to any
  24-23  person or entity holding or possessing the same.
  24-24                    (g) <(h)>  This section applies to all companies
  24-25  regulated by the Commissioner, <State Board of Insurance> including
  24-26  but not limited to domestic and foreign, stock and mutual life,
  24-27  health, and accident insurance companies; domestic and foreign,
   25-1  stock and mutual, fire and casualty insurance companies; Mexican
   25-2  casualty companies; domestic and foreign Lloyd's plan insurers;
   25-3  domestic and foreign reciprocal or interinsurance exchanges;
   25-4  domestic and foreign fraternal benefit societies; domestic and
   25-5  foreign title insurance companies; attorney's title insurance
   25-6  companies; stipulated premium insurance companies; nonprofit legal
   25-7  service corporations; health maintenance organizations; statewide
   25-8  mutual assessment companies; local mutual aid associations; local
   25-9  mutual burial associations; exempt associations under Article 14.17
  25-10  of this Code; nonprofit hospital, medical, or dental service
  25-11  corporations including but not limited to companies subject to
  25-12  Chapter 20 of this Code; county mutual insurance companies; and
  25-13  farm mutual insurance companies.  Also, this section applies to all
  25-14  agents of those companies and generally to all other individuals,
  25-15  corporations, associations, partnerships, and other natural or
  25-16  artificial persons engaged in the business of insurance or that
  25-17  hold a permit, certificate, registration, license, or other
  25-18  authority under this Code or that are regulated by the Commissioner
  25-19  <State Board of Insurance>.
  25-20              8.  Report to Attorney General.  The Department <It>
  25-21  shall report promptly and in detail to the Attorney General any
  25-22  violation of law relative to insurance companies or the business of
  25-23  insurance.
  25-24              9.  Shall Furnish Blanks.  The Department <It> shall
  25-25  furnish to the companies required to report to the Department
  25-26  <Board> the necessary blank forms for the statements required.
  25-27              10.  Shall Keep Records.  The Department <It> shall
   26-1  preserve in a permanent form a full record of the Department's
   26-2  <its> proceedings and a concise statement of the condition of each
   26-3  company or agency visited or examined.
   26-4              11.  Give Certified Copies.  At the request of any
   26-5  person, and on the payment of the legal fee, the Department <Board>
   26-6  shall give certified copies of any record or papers in its office,
   26-7  when the Commissioner <it> deems it not prejudicial to public
   26-8  interest and shall give such other certificates as are provided for
   26-9  by law.  The fees collected by the Department <Board> under this
  26-10  section shall be deposited in the State Treasury to the credit of
  26-11  the Texas Department <State Board> of Insurance operating fund.
  26-12              12.  Report to Governor and Legislature.  The
  26-13  Department shall file annually with the Governor and the presiding
  26-14  officer of each house of the Legislature a complete and detailed
  26-15  written report accounting for all funds received and disbursed by
  26-16  the Department during the preceding fiscal year.  The annual report
  26-17  must be in the form and reported in the time provided by the
  26-18  General Appropriations Act.  The report shall also contain the
  26-19  Commissioner's and the Rate Board's <It shall report annually to
  26-20  the Governor the receipts and expenses of its department for the
  26-21  year, its> official acts, the condition of companies doing business
  26-22  in this State, and such other information as will exhibit the
  26-23  affairs of the Department <said department>.  Upon specific request
  26-24  by the Governor, the Department <Board> shall report the names and
  26-25  compensations of the Rate Board's <its> clerks.
  26-26              13.  Send Copies of Reports To.  The Department <Board>
  26-27  shall send a copy of the <its> annual report to the Insurance
   27-1  Commissioner or other similar officer of every state and, on
   27-2  request, shall send a copy to each company doing business in Texas.
   27-3              14.  Report Laws to Other States.  On request, the
   27-4  Department <it> shall communicate to the Insurance Commissioner or
   27-5  other similar officer of any other state, in which the substantial
   27-6  provisions of the law of this State relative to insurance have
   27-7  been, or shall be, enacted, any facts which by law it is his duty
   27-8  to ascertain respecting the companies of this State doing business
   27-9  within such other state.
  27-10              15.  See That No Company Does Business.  The
  27-11  Commissioner <It> shall see that no company is permitted to
  27-12  transact the business of life insurance in this State whose charter
  27-13  authorizes it to do a fire, marine, lightning, tornado, or inland
  27-14  insurance business, and that no company authorized to do a life
  27-15  insurance business in this State be permitted to take fire, marine
  27-16  or inland risks.
  27-17              16.  Admit Mutual Companies.  The Commissioner <Board>
  27-18  shall admit into this State mutual insurance companies engaged in
  27-19  cyclone, tornado, hail and storm insurance which are organized
  27-20  under the laws of other states and which have Two Million
  27-21  ($2,000,000.00) Dollars assets in excess of liabilities.
  27-22              17.  Voluntary Deposits.  (a)  In the event any
  27-23  insurance company organized and doing business under the provisions
  27-24  of this Code shall be required by any other state, country or
  27-25  province as a requirement for permission to do an insurance
  27-26  business therein to make or maintain a deposit with an officer of
  27-27  any state, country, or province, such company, at its discretion,
   28-1  may voluntarily deposit with the State Treasurer such securities as
   28-2  may be approved by the Commissioner of Insurance to be of the type
   28-3  and character authorized by law to be legal investments for such
   28-4  company, or cash, in any amount sufficient to enable it to meet
   28-5  such requirements.  The State Treasurer is hereby authorized and
   28-6  directed to receive such deposit and hold it exclusively for the
   28-7  protection of all policyholders or creditors of the company
   28-8  wherever they may be located, or for the protection of the
   28-9  policyholders or creditors of a particular state, country or
  28-10  province, as may be designated by such company at the time of
  28-11  making such deposit.  The company may, at its option, withdraw such
  28-12  deposit or any part thereof, first having deposited with the
  28-13  Treasurer, in lieu thereof, other securities of like class and of
  28-14  equal amount and value to those withdrawn, which withdrawal and
  28-15  substitution must be approved by the Commissioner of Insurance.
  28-16  The proper officer of each insurance company making such deposit
  28-17  shall be permitted at all reasonable times to examine such
  28-18  securities and to detach coupons therefrom, and to collect interest
  28-19  thereon, under such reasonable rules and regulations as may be
  28-20  prescribed by the State Treasurer and the Commissioner of
  28-21  Insurance.  Any deposit so made for the protection of policyholders
  28-22  or creditors of a particular state, country or province shall not
  28-23  be withdrawn, except by substitution as provided above, by the
  28-24  company, except upon filing with the Commissioner of Insurance
  28-25  evidence satisfactory to him that the company has withdrawn from
  28-26  business, and has no unsecured liabilities outstanding or potential
  28-27  policyholder liabilities or obligations in such other state,
   29-1  country or province requiring such deposit, and upon the filing of
   29-2  such evidence the company may withdraw such deposit at any time
   29-3  upon the approval of the Commissioner of Insurance.  Any deposit so
   29-4  made for the protection of all policyholders or creditors wherever
   29-5  they may be located shall not be withdrawn, except by substitution
   29-6  as provided above, by the company except upon filing with the
   29-7  Commissioner of Insurance evidence satisfactory to him that the
   29-8  company does not have any unsecured liabilities outstanding or
   29-9  potential policy liabilities or obligations anywhere, and upon
  29-10  filing such evidence the company may withdraw such deposit upon the
  29-11  approval of the Commissioner of Insurance.  For the purpose of
  29-12  state, county and municipal taxation, the situs of any securities
  29-13  deposited with the State Treasurer hereunder shall be in the city
  29-14  and county where the principal business office of such company is
  29-15  fixed by its charter.
  29-16                    (b)  Any voluntary deposit <now> held by the
  29-17  State Treasurer or the Department <State Board of Insurance>
  29-18  heretofore made by any insurance company in this State, and which
  29-19  deposit was made for the purpose of gaining admission to another
  29-20  state, may be considered, at the option of such company, to be
  29-21  hereinafter held under the provisions of this Act.
  29-22                    (c)  When two or more companies merge or
  29-23  consolidate or enter a total reinsurance contract by which the
  29-24  ceding company is dissolved and its assets acquired and liabilities
  29-25  assumed by the surviving company, and the companies have on deposit
  29-26  with the State Treasurer two or more deposits made for identical
  29-27  purposes under this section <either Section 17 of Article 1.10 of
   30-1  the Texas Insurance Code, as amended,> or Article 4739, Revised
   30-2  <Civil> Statutes <of Texas (1925)>, as amended, and now repealed,
   30-3  all such deposits, except the deposit of greatest amount and value,
   30-4  may be withdrawn by the new surviving or reinsuring company, upon
   30-5  proper showing of duplication of such deposits and that the company
   30-6  is the owner thereof.
   30-7                    (d)  Any company which has made a deposit or
   30-8  deposits under this section <Article 1.10, Section 17, Texas
   30-9  Insurance Code, as amended,> or Article 4739, Revised <Civil>
  30-10  Statutes <of Texas (1925)>, as amended and now repealed, shall be
  30-11  entitled to a return of such deposits upon proper application
  30-12  therefor and a showing before the Commissioner that such deposit or
  30-13  deposits are no longer required under the laws of any state,
  30-14  country or province in which such company sought or gained
  30-15  admission to do business upon the strength of a certificate of such
  30-16  deposit <by the State Board of Insurance or its predecessor>.
  30-17                    (e)  Upon being furnished a certified copy of the
  30-18  Commissioner's order issued under Subsection (c) or (d) above, the
  30-19  Treasurer of the State of Texas shall release, transfer and deliver
  30-20  such deposit or deposits to the owner as directed in said order.
  30-21              18.  Complaint File.  The Department <State Board of
  30-22  Insurance> shall keep <maintain> an information file about
  30-23  <relating to> each <written> complaint <that is> filed with the
  30-24  Department that the Department has authority to resolve <board
  30-25  concerning an activity that is regulated by the board>.
  30-26              19.  Notice of Complaint Status.  If a written
  30-27  complaint is filed with the Department that the Department has
   31-1  authority to resolve, the Department, at least quarterly and until
   31-2  final disposition of the complaint, shall notify the parties to the
   31-3  complaint of the status of the complaint unless the notice would
   31-4  jeopardize an undercover investigation <State Board of Insurance
   31-5  relating to an activity that is regulated by the board, the board,
   31-6  at least quarterly and until final disposition of the complaint,
   31-7  shall notify the person making the complaint and the person
   31-8  complained against of the status of the complaint unless:>
   31-9                    <(A)  the complaint relates to an entity in
  31-10  supervision, conservatorship, or liquidation; or>
  31-11                    <(B)  giving such notice would jeopardize the
  31-12  investigation of a possible violation of a law that is enforceable
  31-13  by a criminal penalty>.
  31-14              20.  Electronic Transfer of Funds.  The Commissioner
  31-15  <Board> shall adopt rules for the electronic transfer of any taxes,
  31-16  fees, guarantee funds, or other money owed to or held for the
  31-17  benefit of the state and for which the Department has the
  31-18  responsibility to administer under this code or another insurance
  31-19  law of this state.  The Commissioner <Board> shall require the
  31-20  electronic transfer of any amounts held or owed in an amount
  31-21  exceeding $500,000.
  31-22        SECTION 1.08.  Sections 1, 2, 3, 4, and 6, Article 1.31A,
  31-23  Insurance Code, are amended to read as follows:
  31-24        Sec. 1.  Definition <Definitions>.  In this article, "fund"<:>
  31-25              <(1)  "Board" means the State Board of Insurance.>
  31-26              <(2)  "Commissioner" means the commissioner of
  31-27  insurance.>
   32-1              <(3)  "Fund"> means the Texas Department <State Board>
   32-2  of Insurance operating fund.
   32-3        Sec. 2.  Creation of Fund.  The Texas Department <State
   32-4  Board> of Insurance operating fund is a fund <created> in the State
   32-5  Treasury.
   32-6        Sec. 3.  Deposit of Revenues in Fund.  Money received by the
   32-7  commissioner, comptroller, or rate board from taxes and fees that
   32-8  are required by this code to be credited to the fund and money
   32-9  received by the commissioner or rate board from sales,
  32-10  reimbursements, and fees authorized by law other than this code
  32-11  shall be deposited in the fund.
  32-12        Sec. 4.  Certain Money Included.  The money received from
  32-13  sales, reimbursements, and other fees authorized by law other than
  32-14  this code includes money received from the following:
  32-15              (1)  <fees received by the board for filing charters
  32-16  and charter amendments under Article 3914, Revised Statutes, as
  32-17  amended;>
  32-18              <(2)>  fees received by the department <board> for
  32-19  providing copies of public records under Chapter 424, Acts of the
  32-20  63rd Legislature, Regular Session, 1973, as amended (Article
  32-21  6252-17a, Vernon's Texas Civil Statutes);
  32-22              <(3)  money received by the state fire marshal for
  32-23  licenses under Chapter 498, Acts of the 55th Legislature, Regular
  32-24  Session, 1957, as amended (Article 9205, Vernon's Texas Civil
  32-25  Statutes);>
  32-26              (2) <(4)>  money or credits received by the department
  32-27  <board> for surplus or salvage property under Sections 9.04 and
   33-1  9.05, State Purchasing and General Services Act <Chapter 773, Acts
   33-2  of the 66th Legislature, Regular Session, 1979> (Article 601b,
   33-3  Vernon's Texas Civil Statutes);
   33-4              (3) <(5)>  money received by the department <board>
   33-5  from the sale of publications and other printed material under
   33-6  Chapter 248, Acts of the 55th Legislature, Regular Session, 1957
   33-7  (Article 4413(33), Vernon's Texas Civil Statutes);
   33-8              (4) <(6)>  receipts to the department <board> from
   33-9  miscellaneous transactions and sources under Section 403.011 or
  33-10  403.012, Government Code <Article 4344, Revised Statutes>, as
  33-11  amended;
  33-12              (5) <(7)>  money received by the department <board>
  33-13  from charges for postage spent to serve legal process under Section
  33-14  17.025, Civil Practice and Remedies Code <Chapter 288, Acts of the
  33-15  67th Legislature, Regular Session, 1981 (Article 2041b, Vernon's
  33-16  Texas Civil Statutes)>;
  33-17              (6) <(8)>  receipts to the department <board> for
  33-18  furnishing necessary and authorized special or technical services
  33-19  under Chapter 741, Government Code <the Interagency Cooperation
  33-20  Act,> as amended <(Article 4413(32), Vernon's Texas Civil
  33-21  Statutes)>;
  33-22              (7) <(9)>  receipts to the department <board> from the
  33-23  State Treasurer involving warrants for which payment is barred
  33-24  under Chapter 404, Government Code <Article 4371, Revised
  33-25  Statutes>, as amended;
  33-26              (8) <(10)>  money received by the department <board>
  33-27  from sales or reimbursements authorized by the General
   34-1  Appropriations Act; and
   34-2              (9) <(11)>  money received by the department <board>
   34-3  from the sale of any property purchased with money from the <State
   34-4  Board of Insurance operating> fund or a predecessor fund.
   34-5        Sec. 6.  Administration of Fund.  (a)  The commissioner shall
   34-6  administer and may spend money from the fund pursuant to laws of
   34-7  the state, rules adopted by the commissioner <of the board>, and
   34-8  the General Appropriations Act.
   34-9        (b)  The commissioner <board> is responsible for the
  34-10  development and maintenance of an accounting procedure for the
  34-11  receipt, allocation, and disbursement of money deposited in the
  34-12  fund.  The procedure shall require adequate records for the
  34-13  commissioner or comptroller, if applicable, <board> to adjust the
  34-14  tax assessments and fee schedules as authorized by this code and
  34-15  for the State Auditor to determine the source of all receipts and
  34-16  expenditures.
  34-17        SECTION 1.09.  Articles 1.35 and 1.37, Insurance Code, are
  34-18  amended to read as follows:
  34-19        Art. 1.35.  Notice of Policyholder Complaint Procedures.
  34-20  (a)  Each insurance policy delivered or issued for delivery in this
  34-21  state <on or after September 1, 1984,> shall be accompanied by a
  34-22  brief written notice of suggested procedure to be followed by the
  34-23  policyholder in the event of a dispute concerning a policyholder's
  34-24  claim or premium.
  34-25        (b)  The notice must include the name and address of the
  34-26  department and the toll-free telephone number maintained under
  34-27  Article 1.35D of this code <State Board of Insurance>.
   35-1        (c)  The commissioner <State Board of Insurance> shall
   35-2  promulgate the proper wording for the written notice.
   35-3        (d)  The commissioner by rule may establish other methods by
   35-4  which consumers and service recipients are notified of the name and
   35-5  mailing address and  toll-free telephone number of the department
   35-6  for the purpose of directing complaints to the department.  The
   35-7  commissioner may provide for that notification:
   35-8              (1)  on each registration form, application, or written
   35-9  contract for services of an individual or entity regulated under
  35-10  this code or other insurance law of this state other than an
  35-11  insurance policy subject to Subsection (a) of this article;
  35-12              (2)  on a sign prominently displayed in the place of
  35-13  business of each individual or entity regulated under this code or
  35-14  other insurance law of this state; or
  35-15              (3)  in a bill for service provided by an individual or
  35-16  entity regulated under this code or other insurance law of this
  35-17  state.
  35-18        Art. 1.37.  INFORMATION CONCERNING DEPARTMENT <STATE BOARD>
  35-19  OF INSURANCE.  The department <State Board of Insurance> shall
  35-20  prepare information of public <consumer> interest describing the
  35-21  <regulatory> functions of the department <board> and describing the
  35-22  department's <board's> procedures by which <consumer> complaints
  35-23  are filed with and resolved by the department <board>.  The
  35-24  department <board> shall make the information available <on
  35-25  request> to the <general> public and appropriate state agencies.
  35-26        SECTION 1.10.  Chapter 1, Insurance Code, is amended by
  35-27  adding Article 1.60 to read as follows:
   36-1        Art. 1.60.  TECHNOLOGY ADVISORY PANEL
   36-2        Sec. 1.  DEFINITION.  In this article, "panel" means the
   36-3  technical advisory panel on the application of technology related
   36-4  to insurance for the department.
   36-5        Sec. 2.  COMPOSITION OF PANEL.  (a)  The panel is composed
   36-6  of:
   36-7              (1)  three members from the insurance or banking
   36-8  industry;
   36-9              (2)  three members from the technology industry;
  36-10              (3)  two members appointed by the department; and
  36-11              (4)  one member appointed by the Department of
  36-12  Information Resources.
  36-13        (b)  The select committee on rate and policy form regulation
  36-14  shall designate a member of the panel to serve as the presiding
  36-15  officer of the panel.
  36-16        Sec. 3.  PURPOSE; DUTIES; MEETINGS.  (a)  The panel shall
  36-17  study for the department the application of technology as it
  36-18  relates to insurance.  The panel shall assess:
  36-19              (1)  the effects changes in rate and policy form
  36-20  regulation in the state will have on the policies and procedures
  36-21  implemented at the department and their impact on the technology
  36-22  currently in use; and
  36-23              (2)  the application of technology within the
  36-24  department directed at:
  36-25                    (A)  streamlining internal management of
  36-26  information, solvency monitoring, enforcement and tracking of
  36-27  cases, and other related insurance issues; and
   37-1                    (B)  the introduction of technology to increase
   37-2  public access and reduce the costs necessary to manage the
   37-3  information required from the insurance industry and the public.
   37-4        (b)  The panel shall meet as needed, but not less than
   37-5  quarterly, to carry out its duties under this section.
   37-6        Sec. 4.  REPORT.  (a)  Not later than December 1, 1994, the
   37-7  panel shall issue a report of its findings.  The panel shall file
   37-8  copies of the report with the Legislative Reference Library, the
   37-9  governor's office, the select committee on rate and policy form
  37-10  regulation, the department, and the Department of Information
  37-11  Resources.
  37-12        (b)  The report shall include recommended applications of
  37-13  technology within the department.
  37-14        Sec. 5.  PROGRESS REPORT.  Not later than December 1 of each
  37-15  year the panel is in existence, the department shall issue a report
  37-16  on the department's progress in implementing recommendations or
  37-17  changes made by the panel.  The panel shall review and forward any
  37-18  comments regarding the implementation of technology within the
  37-19  department or any new recommendations to the entities designated
  37-20  under Section 4 of this article.
  37-21        Sec. 6.  PANEL ABOLISHED; EXPIRATION OF ARTICLE.  (a)  The
  37-22  panel is abolished on the date the panel issues the report under
  37-23  Section 4 of this article.
  37-24        (b)  This article expires January 1, 1997.
  37-25        SECTION 1.11.  Section 323.007, Government Code, is amended
  37-26  by adding Subsection (d) to read as follows:
  37-27        (d)  The council shall prepare a revision of the Insurance
   38-1  Code and other insurance laws of this state that are included in
   38-2  Vernon's Texas Insurance Code for consideration by the 75th
   38-3  Legislature during its regular session.  This subsection expires
   38-4  June 1, 1997.
   38-5        SECTION 1.12.  Section 3.22(c), Texas Workers' Compensation
   38-6  Act (Article 8308-3.22, Vernon's Texas Civil Statutes), is amended
   38-7  to read as follows:
   38-8        (c)  The filing required under this section shall be filed
   38-9  with the commission <State Board of Insurance> pursuant to Section
  38-10  3.27 of this Act.
  38-11        SECTION 1.13.  Section 3.25(c), Texas Workers' Compensation
  38-12  Act (Article 8308-3.25, Vernon's Texas Civil Statutes), is amended
  38-13  to read as follows:
  38-14        (c)  The notice required under this section shall be filed
  38-15  with the commission <State Board of Insurance> pursuant to Section
  38-16  3.27 of this Act.
  38-17        SECTION 1.14.  Section 3.26(d), Texas Workers' Compensation
  38-18  Act (Article 8308-3.26, Vernon's Texas Civil Statutes), is amended
  38-19  to read as follows:
  38-20        (d)  The notice required under this section shall be filed
  38-21  with the commission <State Board of Insurance> pursuant to Section
  38-22  3.27 of this Act.
  38-23        SECTION 1.15.  Section 3.27, Texas Workers' Compensation Act
  38-24  (Article 8308-3.27, Vernon's Texas Civil Statutes), is amended to
  38-25  read as follows:
  38-26        Art. 8308-3.27.  Collecting, Maintaining, and Monitoring and
  38-27  Enforcing Compliance <Cooperation between State Board of Insurance
   39-1  and Texas Workers' Compensation Commission>.  (a)  The commission
   39-2  <On and after September 1, 1991, the State Board of Insurance>
   39-3  shall collect and maintain the information required <to be
   39-4  provided> under this chapter and <shall provide this information in
   39-5  the time and manner prescribed by the commission.  The State Board
   39-6  of Insurance> shall monitor compliance with the requirements <and
   39-7  notify the commission of possible violations in the time and manner
   39-8  prescribed by the commission>.  The commission <State Board of
   39-9  Insurance> is authorized to adopt rules as necessary to enforce
  39-10  this chapter.
  39-11        (b)  The commission shall enforce the administrative
  39-12  penalties established in this chapter according to Article 10 of
  39-13  this Act.
  39-14        SECTION 1.16.  Section 3.28(e), Texas Workers' Compensation
  39-15  Act (Article 8308-3.28, Vernon's Texas Civil Statutes), is amended
  39-16  to read as follows:
  39-17        (e)  The notice required under this section shall be filed
  39-18  with the commission <State Board of Insurance pursuant to Section
  39-19  3.27 of this Act>.
  39-20        SECTION 1.17.  (a)  Sections 3(g) and 4(e), Article 1.10A,
  39-21  Insurance Code, are repealed.
  39-22        (b)  Article 1.06D, Insurance Code, is repealed.
  39-23        SECTION 1.18.  (a)  This article applies to any act of the
  39-24  State Board of Insurance performed before the effective date of
  39-25  this Act that, after the effective date of this Act, is an act that
  39-26  shall or may be performed only by the commissioner of insurance,
  39-27  including:
   40-1              (1)  issuance of a license, certificate, or other
   40-2  similar form of permission;
   40-3              (2)  promulgation of a rule, standard, regulation, or
   40-4  order;
   40-5              (3)  promulgation or approval of policy forms or policy
   40-6  form endorsements; or
   40-7              (4)  adoption or approval of a plan of operation for an
   40-8  organization subject to the jurisdiction of the Texas Department of
   40-9  Insurance.
  40-10        (b)  An act governed by this section remains in effect until:
  40-11              (1)  it expires under its own terms or in accordance
  40-12  with applicable law; or
  40-13              (2)  it is superseded by an act of the commissioner of
  40-14  insurance.
  40-15        SECTION 1.19.  (a)  As soon as possible on or after the
  40-16  effective date of this Act, but before January 1, 1994, the
  40-17  governor shall appoint six persons to serve on the six-member Texas
  40-18  Insurance Rate Board in accordance with Article 1.03, Insurance
  40-19  Code, as amended by this Act.
  40-20        (b)  In making the appointments under Subsection (a) of this
  40-21  section, the governor shall designate two members for terms ending
  40-22  February 1, 1995, two members for terms ending February 1, 1997,
  40-23  and two members for terms ending February 1, 1999.
  40-24        (c)  Until a majority of the six-member Texas Insurance Rate
  40-25  Board  takes office under Subsection (a) of this section, the
  40-26  members serving on the three-member State Board of Insurance
  40-27  immediately before the effective date of this Act shall exercise
   41-1  the authority granted to the six-member Texas Insurance Rate Board
   41-2  under Article 1.02(b), Insurance Code, as amended by this Act, but
   41-3  may not exercise any authority granted to the commissioner of
   41-4  insurance under that article.  On the date that a majority of the
   41-5  six-member Texas Insurance Rate Board takes office under Subsection
   41-6  (a) of this section, the three-member State Board of Insurance, as
   41-7  it existed before the effective date of this Act, is abolished.
   41-8        (d)  As soon as possible on or after the effective date of
   41-9  this Act, the governor shall appoint a commissioner of insurance.
  41-10  The initial term of the commissioner ends on February 1, 1995.
  41-11        (e)  Until the commissioner of insurance takes office under
  41-12  Subsection (d) of this section, the commissioner of insurance
  41-13  serving immediately before the effective date of this Act shall
  41-14  exercise the authority granted to the commissioner under Article
  41-15  1.02(b), Insurance Code, as amended by this Act.
  41-16        SECTION 1.20.  On the effective date of this Act, the
  41-17  comptroller shall redesignate the State Board of Insurance
  41-18  operating fund (Fund No. 36) as the Texas Department of Insurance
  41-19  operating fund.  All money in the State Board of Insurance
  41-20  operating fund on the effective date of this Act shall remain in
  41-21  the Texas Department of Insurance operating fund on the
  41-22  redesignation of the fund.
  41-23     ARTICLE 2.  TRANSFER OF CERTAIN FUNCTIONS TO STATE OFFICE OF
  41-24                        ADMINISTRATIVE HEARINGS
  41-25        SECTION 2.01.  Chapter 1, Insurance Code, is amended by
  41-26  adding Article 1.33B to read as follows:
  41-27        Art. 1.33B.  CERTAIN HEARINGS HELD BY STATE OFFICE OF
   42-1  ADMINISTRATIVE HEARINGS.  (a)  Except as provided by Subsections
   42-2  (b) and (c) of this article, the State Office of Administrative
   42-3  Hearings established under Chapter 591, Acts of the 72nd
   42-4  Legislature, Regular Session, 1991 (Article 6252-13f, Vernon's
   42-5  Texas Civil Statutes), and its subsequent amendments, shall conduct
   42-6  any administrative hearing required to be held or that may be held
   42-7  under this code or another insurance law of this state.
   42-8        (b)  This article applies only to hearings required to be
   42-9  held before a decision may be rendered or action taken by the
  42-10  commissioner, the rate board, or the department.
  42-11        (c)  This article does not apply to a hearing or proceeding:
  42-12              (1)  relating to the promulgation or approval of rates;
  42-13              (2)  relating to the promulgation of rules;
  42-14              (3)  relating to the promulgation or approval of a
  42-15  policy form or policy form endorsement;
  42-16              (4)  relating to the adoption or approval of a plan of
  42-17  operation for an organization subject to the jurisdiction of the
  42-18  department; and
  42-19              (5)  conducted in accordance with Article 1.33C of this
  42-20  code.
  42-21        (d)  The commissioner and the chief administrative law judge
  42-22  of the State Office of Administrative Hearings by rule shall adopt
  42-23  a memorandum of understanding governing hearings held by the State
  42-24  Office of Administrative Hearings under this code and other
  42-25  insurance laws of this state.  The memorandum of understanding
  42-26  shall require the chief administrative law judge and the
  42-27  commissioner to cooperate in conducting hearings under this article
   43-1  and may authorize the State Office of Administrative Hearings to
   43-2  perform any procedural act, including giving of notice, that is
   43-3  required to be performed by the commissioner or the rate board
   43-4  under this code or another insurance law of this state.
   43-5        (e)  Any provision of this code or another insurance law of
   43-6  this state that provides that the rate board or commissioner shall
   43-7  take an action at a hearing subject to this article means that the
   43-8  rate board or commissioner shall take the action after the receipt
   43-9  of a report from the State Office of Administrative Hearings
  43-10  regarding the hearing conducted by that agency.
  43-11        (f)  This article governs in the event of a conflict with
  43-12  another provision of this code or another insurance law of this
  43-13  state, unless the other provision or insurance law states that this
  43-14  article does not apply.
  43-15        SECTION 2.02.  Articles 1.06C(b), (c), and (d), Insurance
  43-16  Code, are amended to read as follows:
  43-17        (b)  A person, other than a person subject to Subsection (a)
  43-18  of this section, who is employed by the department or board or who
  43-19  is employed by the State Office of Administrative Hearings and who
  43-20  is involved in hearing cases under this code or another insurance
  43-21  law of this state may not, for a period of two years after the date
  43-22  the person terminates service with the department, <or> board, or
  43-23  State Office of Administrative Hearings represent any person in a
  43-24  matter before the department or State Office of Administrative
  43-25  Hearings or receive compensation for services rendered on behalf of
  43-26  any person regarding a matter pending before the department or
  43-27  State Office of Administrative Hearings.  This subsection does
   44-1  apply to an employee exempt from the state's position
   44-2  classification plan, but does not apply to an employee who was
   44-3  compensated at a salary less than the salary prescribed by the
   44-4  General Appropriations Act for step 1, salary group 17, of the
   44-5  position classification salary schedule.
   44-6        (c)  A former member of the board, a former commissioner, a
   44-7  former general counsel, a former public counsel, a former head of a
   44-8  department division, or a former employee of the board, <or>
   44-9  department, or State Office of Administrative Hearings described by
  44-10  Subsection (b) of this section may not represent any person or
  44-11  receive compensation for services rendered on behalf of any person
  44-12  regarding a matter with which the former member, commissioner,
  44-13  general counsel, public counsel, division head, or employee was
  44-14  directly concerned during the period of service or employment on or
  44-15  with the board, <or> department, or State Office of Administrative
  44-16  Hearings or as commissioner, either through personal involvement or
  44-17  because the matter was within the member's, commissioner's, general
  44-18  counsel's, public counsel's, division head's, or employee's
  44-19  official responsibility while associated with the board or State
  44-20  Office of Administrative Hearings.
  44-21        (d)  A former member or employee of the board, <or>
  44-22  department, or State Office of Administrative Hearings or a former
  44-23  commissioner, general counsel, or public counsel commits an offense
  44-24  if the former member, employee, commissioner, general counsel, or
  44-25  public counsel violates this section.  An offense under this
  44-26  subsection is a Class A misdemeanor.
  44-27        SECTION 2.03.  Article 1.09-4, Insurance Code, is repealed.
   45-1        SECTION 2.04.  (a)  Not later than December 31, 1993, the
   45-2  commissioner of insurance and the chief administrative law judge of
   45-3  the State Office of Administrative Hearings shall adopt the
   45-4  memorandum of understanding required by Article 1.33B, Insurance
   45-5  Code, as added by this Act.
   45-6        (b)  This article applies only to a hearing that is not held
   45-7  before or pending on January 1, 1994.  Unless the commissioner of
   45-8  insurance and the chief administrative law judge of the State
   45-9  Office of Administrative Hearings agree to apply Article 1.33B,
  45-10  Insurance Code, as added by this Act, a hearing that is held before
  45-11  or pending on January 1, 1994, is governed by the law in effect
  45-12  immediately before the effective date of this Act, and that law is
  45-13  continued in effect for this purpose.
  45-14          ARTICLE 3.  TRANSFER OF CERTAIN TAX COLLECTION AND
  45-15             AUDIT FUNCTIONS TO OFFICE OF THE COMPTROLLER
  45-16        SECTION 3.01.  Chapter 1, Insurance Code, is amended by
  45-17  adding Article 1.04D to read as follows:
  45-18        Art. 1.04D.  DUTIES OF COMPTROLLER.  (a)  Except as otherwise
  45-19  expressly provided for in this code or another insurance law of
  45-20  this state, the duties of the department, commissioner, and rate
  45-21  board relative to the collection, reporting, and administration of
  45-22  taxes and certain fees and assessments imposed under this code or
  45-23  another insurance law of this state are transferred to the
  45-24  comptroller effective September 1, 1993, as specifically provided
  45-25  in this code.
  45-26        (b)  The duties transferred to the comptroller relative to
  45-27  taxes, fees, and assessments imposed under this code or another
   46-1  insurance law of this state relate to the collection, reporting,
   46-2  enforcement, and administration of all such amounts currently
   46-3  provided for under this code or another insurance law of this
   46-4  state, and also of any taxes, fees, or assessments that have been
   46-5  repealed or are otherwise inactive but for which amounts may still
   46-6  be owing or refunds may be due on or after the effective date of
   46-7  this article.
   46-8        (c)  The comptroller may adopt rules to carry out the
   46-9  collection, reporting, enforcement, and administration
  46-10  responsibilities assigned to the comptroller under this code or
  46-11  another insurance law of this state.  The comptroller may also
  46-12  prescribe appropriate report forms, establish or alter tax return
  46-13  due dates not otherwise specifically set forth in this code or
  46-14  another insurance law of this state, and otherwise adapt the
  46-15  functions transferred to the comptroller to increase efficiency and
  46-16  cost-effectiveness.
  46-17        (d)  With respect to the comptroller's performance of the
  46-18  duties relative to the taxes, fees, and assessments imposed under
  46-19  this code or another insurance law of this state, the comptroller
  46-20  has the administrative, enforcement, and collection powers provided
  46-21  by Subtitles A and B, Title 2, Tax Code, and their subsequent
  46-22  amendments.  Except as otherwise expressly provided by this code,
  46-23  those powers are granted to the comptroller without limiting and
  46-24  exclusive of powers granted to the department, the commissioner,
  46-25  and the rate board with respect to other fees and assessments under
  46-26  this code.
  46-27        SECTION 3.02.  Article 1.11(a), Insurance Code, is amended to
   47-1  read as follows:
   47-2        (a)  The Board may, from time to time, make such changes in
   47-3  the forms of the annual statements required of insurance companies
   47-4  of any kind, as shall seem to it best adapted to elicit a true
   47-5  exhibit of their condition and methods of transacting business.
   47-6  Such form shall elicit only such information as shall pertain to
   47-7  the business of the company.
   47-8        If any annual statement, report, financial statement, <tax
   47-9  return,> or <tax> payment required to be filed or deposited in the
  47-10  offices of the State Board of Insurance, or any report, tax return,
  47-11  or payment required to be filed or deposited in the offices of the
  47-12  comptroller, is delivered by the United States Postal Service to
  47-13  the offices of the State Board of Insurance or comptroller, as
  47-14  required, after the prescribed date on which the annual statement,
  47-15  report, financial statement, tax return, or <tax> payment is to be
  47-16  filed, the date of the United States Postal Service postmark
  47-17  stamped on the cover in which the document <annual statement> is
  47-18  mailed, or any other evidence of mailing authorized by the United
  47-19  States Postal Service reflected on the cover in which the document
  47-20  <annual statement> is mailed, shall be deemed to be the date of
  47-21  filing, unless otherwise specifically made an exception to this
  47-22  general statute.
  47-23        SECTION 3.03.  Section 11(a), Article 1.14-1, Insurance Code,
  47-24  is amended to read as follows:
  47-25        (a)  Except as to premiums on lawfully procured surplus lines
  47-26  insurance and premiums on independently procured insurance on which
  47-27  a tax has been paid pursuant to this Article or Article 1.14-2,
   48-1  every unauthorized insurer shall pay to the comptroller, on a form
   48-2  prescribed by the comptroller, <State Board of Insurance> before
   48-3  March 1 next succeeding the calendar year in which the insurance
   48-4  was so effectuated, continued or renewed or another date as
   48-5  prescribed by the comptroller a premium receipts tax of 4.85
   48-6  percent of gross premiums charged for such insurance on subjects
   48-7  resident, located or to be performed in this state.  Such insurance
   48-8  on subjects resident, located or to be performed in this state
   48-9  procured through negotiations or an application, in whole or in
  48-10  part occurring or made within or from within or outside of this
  48-11  state, or for which premiums in whole or in part are remitted
  48-12  directly or indirectly from within or outside of this state, shall
  48-13  be deemed to be insurance procured, or continued or renewed in this
  48-14  state.  The term "premium" includes all premiums, membership fees,
  48-15  assessments, dues and any other consideration for insurance.  Such
  48-16  tax shall be in lieu of all other insurance taxes.  On default of
  48-17  any such unauthorized insurer in the payment of such tax the
  48-18  insured shall pay the tax.  If the tax prescribed by this
  48-19  subsection is not paid within the time stated, Subtitles A and B,
  48-20  Title 2, Tax Code, and their subsequent amendments, apply <the tax
  48-21  shall be increased by a penalty of 25 percent and by the amount of
  48-22  an additional penalty computed at the rate of one percent per month
  48-23  or any part thereof from the date such payment was due to the date
  48-24  paid>.
  48-25        SECTION 3.04.  Sections 12(a), (c), and (e), Article 1.14-1,
  48-26  Insurance Code, are amended to read as follows:
  48-27        (a)  Every insured who procures or causes to be procured or
   49-1  continues or renews insurance with any unauthorized insurer, or any
   49-2  insured or self-insurer who so procures or continues excess loss,
   49-3  catastrophe or other insurance, upon a subject of insurance
   49-4  resident, located or to be performed within this state, other than
   49-5  insurance procured through a surplus lines agent pursuant to the
   49-6  surplus lines law of this state shall, within 60 days after the
   49-7  date such insurance was so procured, continued or renewed or before
   49-8  a date prescribed by the comptroller, file a report of the same
   49-9  with the comptroller <State Board of Insurance> in writing and upon
  49-10  forms designated by the comptroller <State Board of Insurance> and
  49-11  furnished to such an insured upon request.  The report shall show
  49-12  the name and address of the insured or insureds, name and address
  49-13  of the insurer, the subject of the insurance, a general description
  49-14  of the coverage, the amount of premium currently charged therefor,
  49-15  and such additional pertinent information as is reasonably
  49-16  requested by the comptroller <State Board of Insurance>.
  49-17        (c)  There is hereby levied upon the obligation, chose in
  49-18  action, or right represented by the premium charged for such
  49-19  insurance, a premium receipts tax of 3.85 percent of gross premiums
  49-20  charged for such insurance.  The term "premium" shall include all
  49-21  premiums, membership fees, assessments, dues and any other
  49-22  consideration for insurance.  Such tax shall be in lieu of all
  49-23  other insurance taxes.  The insured shall, before March 1 next
  49-24  succeeding the calendar year in which the insurance was so
  49-25  procured, continued or renewed or another date prescribed by the
  49-26  comptroller, pay the amount of the tax to the comptroller, on a
  49-27  form prescribed by the comptroller <State Board of Insurance>.  In
   50-1  event of cancellation and rewriting of any such insurance contract
   50-2  the additional premium for premium receipts tax purposes shall be
   50-3  the premium in excess of the unearned premium of the canceled
   50-4  insurance contract.
   50-5        (e)  If the insured fails to withhold from the premium the
   50-6  amount of tax herein levied, the insured shall be liable for the
   50-7  amount thereof and shall pay the same to the comptroller <State
   50-8  Board of Insurance> within the time stated in Paragraph (c).  If
   50-9  the tax prescribed by this subsection is not paid within the time
  50-10  stated in Paragraph (c), Subtitles A and B, Title 2, Tax Code, and
  50-11  their subsequent amendments, apply <the tax shall be increased by a
  50-12  penalty of 25 percent and by the amount of an additional penalty
  50-13  computed at the rate of one percent per month or any part thereof
  50-14  from the date such payment was due to the date paid>.
  50-15        SECTION 3.05.  Section 12A, Article 1.14-1, Insurance Code,
  50-16  is amended to read as follows:
  50-17        Sec. 12A.  Exception in Respect of Filing of Reports of Taxes
  50-18  Due.  As respects corporations, the amount of taxes due and payable
  50-19  to the State of Texas under the provisions or under authority of
  50-20  Section 12 of this Article shall be reported directly to the
  50-21  comptroller <State Board of Insurance> and shall be due when the
  50-22  Franchise Tax Report is due or on another date prescribed by the
  50-23  comptroller, any other provision of this Article to the contrary
  50-24  notwithstanding.  All companies or persons other than corporations
  50-25  filing franchise tax returns shall report to the comptroller on or
  50-26  before the date prescribed by the comptroller <State Board of
  50-27  Insurance>.
   51-1        SECTION 3.06.  Sections 12(a) and (d), Article 1.14-2,
   51-2  Insurance Code, are amended to read as follows:
   51-3        (a)  The premiums charged for surplus lines insurance are
   51-4  subject to a premium receipts tax of 4.85 percent of gross premiums
   51-5  charged for such insurance.  The term premium includes all
   51-6  premiums, membership fees, assessments, dues or any other
   51-7  consideration for insurance.  Such tax shall be in lieu of all
   51-8  other insurance taxes.  The surplus lines agent shall collect from
   51-9  the insured the amount of the tax at the time of delivery of the
  51-10  cover note, certificate of insurance, policy or other initial
  51-11  confirmation of insurance, in addition to the full amount of the
  51-12  gross premium charged by the insurer for the insurance.  No agent
  51-13  shall absorb such tax nor shall any agent, as an inducement for
  51-14  insurance or for any other reason, rebate all or any part of such
  51-15  tax or his commission.  The surplus lines agent shall report<,
  51-16  under oath,> to the comptroller <State Board of Insurance> within
  51-17  30 days from the 1st day of January and July of each year the
  51-18  amount of gross premiums paid for such insurance placed through him
  51-19  in nonlicensed insurers, and shall pay to the comptroller <Board>
  51-20  the tax provided for by this Article.  If a surplus lines policy
  51-21  covers risks or exposures only partially in this state, the tax
  51-22  payable shall be computed on the portions of the premium which are
  51-23  properly allocable to the risks or exposures located in this state.
  51-24  In determining the amount of premiums taxable in this state, all
  51-25  premiums written, procured, or received in this state and all
  51-26  premiums on policies negotiated in this state shall be deemed
  51-27  written on property or risks located or resident in this state,
   52-1  except such premiums as are properly allocated or apportioned and
   52-2  reported as taxable premiums of any other state or states.  In
   52-3  event of cancellation and rewriting of any surplus lines insurance
   52-4  contract the additional premium for premium receipts tax purposes
   52-5  shall be the premium in excess of the unearned premium of the
   52-6  canceled insurance contract.
   52-7        (d)  The Attorney General, upon request of the State Board of
   52-8  Insurance, shall proceed in the courts of this or any other state
   52-9  or in any federal court or agency to recover <such> license fees
  52-10  <or tax> not paid within the time prescribed in this Article
  52-11  <section>.  Notwithstanding the preceding sentence, Subtitles A and
  52-12  B, Title 2, Tax Code, and their subsequent amendments, apply to a
  52-13  tax collected under this article.
  52-14        SECTION 3.07.  Sections 8 and 9, Article 1.14-3, Insurance
  52-15  Code, are amended to read as follows:
  52-16        Sec. 8.  Maintenance Tax.  (a)  The board annually shall
  52-17  determine the rate of assessment of a maintenance tax to be paid on
  52-18  an annual, <or> semiannual, or other periodic basis, as determined
  52-19  by the comptroller.  The rate of assessment may <basis and shall
  52-20  collect a maintenance tax in an amount> not <to> exceed one percent
  52-21  of the correctly reported gross premiums on all classes of
  52-22  insurance covered by this article and paid through the exchange.
  52-23  The comptroller shall collect the maintenance tax.
  52-24        (b)  After taking into account the unexpended funds produced
  52-25  by this tax, if any, the board shall adjust the rate of assessment
  52-26  each year to produce the amount of funds that the board estimates
  52-27  will be necessary to pay all the expenses of regulating all classes
   53-1  of insurance covered by this article during the succeeding year.
   53-2  In making an estimate under this subsection, the board shall take
   53-3  into account the requirement that the general revenue fund be
   53-4  reimbursed under Article 4.19 of this code and its subsequent
   53-5  amendments.
   53-6        (c)  The collected taxes shall be deposited in the State
   53-7  Treasury to the credit of the general revenue fund to be
   53-8  reallocated to the Texas Department <State Board> of Insurance
   53-9  operating fund and shall be spent as authorized by legislative
  53-10  appropriation <only> on warrants issued by the comptroller <of
  53-11  public accounts> pursuant to duly certified requisitions of the
  53-12  board.  Amounts reallocated to the Texas Department of Insurance
  53-13  operating fund under this subsection may be transferred to the
  53-14  general revenue fund in accordance with Article 4.19 of this code
  53-15  and its subsequent amendments.
  53-16        (d)  Not later than the 45th day before the date on which a
  53-17  tax return for a period is due, the board shall advise the
  53-18  comptroller of the rate of assessment for that period.
  53-19        (e)  If the board has not advised the comptroller of the rate
  53-20  of assessment for a period as required by Subsection (d) of this
  53-21  section, the amount of taxes due under this section for that period
  53-22  for a taxpayer is an amount equal to 90 percent of the amount paid
  53-23  by that taxpayer for the previous tax period.  If the board advises
  53-24  the comptroller of the rate of assessment for a period after taxes
  53-25  are assessed under this subsection, the comptroller shall:
  53-26              (1)  advise each taxpayer in writing of the amount of
  53-27  any additional taxes due; or
   54-1              (2)  refund any excess taxes paid.
   54-2        Sec. 9.  Application of This Article and Regulations.  This
   54-3  article and regulations promulgated by the board or the
   54-4  comptroller, as applicable, apply to the exchange, its members, and
   54-5  the insurance and reinsurance written through the exchange, except
   54-6  to the extent exempt by regulations of the board or the
   54-7  comptroller, as applicable.  An exemption may not be unfairly
   54-8  discriminatory or detrimental to the solvency of licensed insurers.
   54-9        SECTION 3.08.  Article 1.35B(a), Insurance Code, is amended
  54-10  to read as follows:
  54-11        (a)  To defray the costs of creating, administering, and
  54-12  operating the office of public insurance counsel, the comptroller
  54-13  <board> shall collect the following assessments annually in
  54-14  connection with the collection of other taxes imposed on insurers:
  54-15              (1)  each property and casualty insurer authorized to
  54-16  do business in this state shall pay an annual assessment of 5.7
  54-17  cents for each policy of property and casualty insurance in force
  54-18  at year end in this state;
  54-19              (2)  each insurer shall pay an annual assessment of 3
  54-20  cents for each individual policy, and for each certificate of
  54-21  insurance evidencing coverage under a group policy, of life,
  54-22  health, or accident insurance written for delivery and placed in
  54-23  force with the initial premium thereon paid in full in this state
  54-24  during each calendar year if the insurer is authorized to do
  54-25  business in this state under:
  54-26                    (A)  Chapter 3, 10, 11, 14, 20, 22, 23, or 25 of
  54-27  this code;
   55-1                    (B)  Chapter 113, Acts of the 53rd Legislature,
   55-2  Regular Session, 1953 (Article 3.49-1, Vernon's Texas Insurance
   55-3  Code);
   55-4                    (C)  Section 1, Chapter 417, Acts of the 56th
   55-5  Legislature, Regular Session, 1959 (Article 3.49-2, Vernon's Texas
   55-6  Insurance Code);
   55-7                    (D)  the Texas Employees Uniform Group Insurance
   55-8  Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code);
   55-9                    (E)  the Texas State College and University
  55-10  Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
  55-11  Texas Insurance Code);
  55-12                    (F)  Section 1, Chapter 123, Acts of the 60th
  55-13  Legislature, Regular Session, 1967 (Article 3.51-3, Vernon's Texas
  55-14  Insurance Code);
  55-15                    (G)  Section 1, Chapter 387, Acts of the 55th
  55-16  Legislature, Regular Session, 1957 (Article 3.62-1, Vernon's Texas
  55-17  Insurance Code);
  55-18                    (H)  Sections 1 to 3A and 4 to 13, Chapter 397,
  55-19  Acts of the 54th Legislature, Regular Session, 1955 (Articles
  55-20  3.70-1 to 3.70-3A and 3.70-4 to 3.70-11, Vernon's Texas Insurance
  55-21  Code); or
  55-22                    (I)  the Texas Health Maintenance Organization
  55-23  Act (Chapter 20A, Vernon's Texas Insurance Code); and
  55-24              (3)  each title insurance company authorized to do
  55-25  business in this state shall pay an annual assessment of 5.7 cents
  55-26  for each owner policy and mortgage policy of title insurance
  55-27  written for delivery in this state during each calendar year and
   56-1  for which the full basic premium is charged.
   56-2        SECTION 3.09.  Articles 4.05 and 4.07, Insurance Code, are
   56-3  amended to read as follows:
   56-4        Art. 4.05.  TAXES TO BE PAID BEFORE CERTIFICATE IS ISSUED.
   56-5  <Upon the receipt of sworn statements showing the gross premium
   56-6  receipts of any insurance organization, the Board of Insurance
   56-7  Commissioners shall certify to the State Treasurer the amount of
   56-8  taxes due by such insurance organization for the preceding year,
   56-9  which taxes shall be paid to the State Treasurer for the use of the
  56-10  State, by such company.  Upon his receipt of such certificate and
  56-11  the payment of such tax, the Treasurer shall execute a receipt
  56-12  therefor, which receipt shall be evidence of the payment of such
  56-13  taxes.>  No <such> life insurance company shall receive a
  56-14  certificate of authority to do business in this State until all
  56-15  <such> taxes imposed under this code or another insurance law of
  56-16  this state are paid.  If, upon the examination of any company, or
  56-17  in any other manner, the Board shall be informed that the gross
  56-18  premium receipts of any year exceed in amount those shown by the
  56-19  report thereof, theretofore made as above provided, the Board shall
  56-20  report this fact to the comptroller.  The comptroller shall
  56-21  institute a collection action, as the comptroller considers
  56-22  appropriate in accordance with Subtitles A and B, Title 2, Tax
  56-23  Code, and their subsequent amendments, to collect taxes due on
  56-24  unreported gross premium receipts.  The comptroller shall deposit
  56-25  taxes collected under this article to the credit of the general
  56-26  revenue fund <it shall be the duty of such Board to file with the
  56-27  State Treasurer a supplemental certificate showing the additional
   57-1  amount of taxes due by such company, which shall be paid by such
   57-2  company upon notice thereof.  The State Treasurer if, within
   57-3  fifteen (15) days after the receipt by him of any certificate or
   57-4  supplemental certificate provided for by this article, the taxes
   57-5  due as shown thereby have not been paid, shall report the facts to
   57-6  the Attorney General, who shall immediately institute suit in the
   57-7  proper court in Travis County to recover such taxes>.
   57-8        Art. 4.07.  FEES OF TEXAS DEPARTMENT <STATE BOARD> OF
   57-9  INSURANCE.  A.  With respect to all authorized insurers writing
  57-10  classes of insurance in this State <which are covered by Chapter 3
  57-11  of this code>, the Texas Department <State Board> of Insurance
  57-12  shall charge and receive for the use of the State fees in an amount
  57-13  to be determined by the department <Board> not to exceed the
  57-14  following:
  57-15              (1)  <For filing the annual statement, $500.00.>
  57-16              <(2)>  For filing an amendment to a certificate of
  57-17  authority if the charter is not amended, $100.00.
  57-18              (2) <(3)>  For affixing the official seal and
  57-19  certifying to the seal, $20.00.
  57-20              (3) <(4)>  For reservation of name, $200.00.
  57-21              (4) <(5)>  For renewal of reservation of name, $50.00.
  57-22              (5) <(6)>  For filing an application for admission of a
  57-23  foreign or alien company, $4,000.00.
  57-24              (6) <(7)>  For filing an original charter of a company
  57-25  including issuance of a certificate of authority, $3,000.00.
  57-26              (7) <(8)>  For filing an amendment to a charter if a
  57-27  hearing is held, $500.00.
   58-1              (8) <(9)>  For filing an amendment to a charter if a
   58-2  hearing is not held, $250.00.
   58-3              (9) <(10)>  For filing a designation of an attorney for
   58-4  service of process or amendment of the designation, $50.00.
   58-5              (10) <(11)>  For filing a copy of a total reinsurance
   58-6  agreement, $1,500.00.
   58-7              (11) <(12)>  For filing a copy of a partial reinsurance
   58-8  agreement, $300.00.
   58-9              (12) <(13)>  For accepting a security deposit, $200.00.
  58-10              (13) <(14)>  For substitution or amendment of a
  58-11  security deposit, $100.00.
  58-12              (14) <(15)>  For certification of statutory deposits,
  58-13  $20.00.
  58-14              (15) <(16)>  For filing a notice of intent to relocate
  58-15  books and records pursuant to Article 1.28 of this code, $300.00.
  58-16              (16) <(17)>  For filing a statement pursuant to Section
  58-17  5, Article 21.49-1 of this code, for the first $9,900,000.00 of the
  58-18  purchase price or consideration, $1,000.00.
  58-19              (17) <(18)>  For filing a statement pursuant to Section
  58-20  5, Article 21.49-1 of this code, if the purchase price or
  58-21  consideration exceeds $9,900,000.00, an additional $500.00 for each
  58-22  $10,000,000.00 exceeding $9,900,000.00, but not more than
  58-23  $10,000.00 total fee under this subdivision and the preceding
  58-24  subdivision.
  58-25              (18) <(19)>  For filing a registration statement
  58-26  pursuant to Section 3, Article 21.49-1 of this code, $300.00.
  58-27              (19) <(20)>  For filing for review pursuant to Section
   59-1  4, Article 21.49-1 or Article 22.15 of this code, $500.00.
   59-2              (20) <(21)>  For filing of a direct reinsurance
   59-3  agreement pursuant to Article 22.19 of this code, $300.00.
   59-4              (21) <(22)>  For filing for approval of a merger
   59-5  pursuant to Article 21.25 of this code, $1,500.00.
   59-6              (22) <(23)>  For filing for approval of reinsurance
   59-7  pursuant to Article 21.26 of this code, $1,500.00.
   59-8              (23) <(24)>  For filing of restated articles of
   59-9  incorporation for a <both> domestic, <and> foreign, or alien
  59-10  company <companies>, $500.00.
  59-11              (24) <(25)>  For filing a joint control agreement,
  59-12  $100.00.
  59-13              (25) <(26)>  For filing a substitution or amendment to
  59-14  a joint control agreement, $40.00.
  59-15              (26) <(27)>  For filing a change of attorney in fact,
  59-16  $500.00.
  59-17              <(28)  For valuing policies of life insurance, and for
  59-18  each one million of insurance or fraction thereof, $10.00.>
  59-19        B.  For an authorized insurer writing a class of insurance in
  59-20  this state that is subject to Chapter 3 of this code, the Texas
  59-21  Department  of Insurance shall charge and the comptroller shall
  59-22  collect for the use of the state fees in an amount to be determined
  59-23  by the Board not to exceed the following:
  59-24              (1)  For valuing policies of life insurance, and for
  59-25  each one million dollars of insurance or fraction thereof, $10.00.
  59-26              (2)  For filing the annual statement, $500.00.
  59-27        The provisions of Subtitles A and B, Title 2, Tax Code, and
   60-1  their subsequent amendments, apply to fees collected by the
   60-2  comptroller under this section.
   60-3        C.  The department <Board> shall, within the limits fixed by
   60-4  this Article <section>, prescribe the fees to be charged under this
   60-5  Article <section>.
   60-6        D.  Except as provided by Section B of this Article, the
   60-7  <The> insurers subject to the fees imposed by this Article
   60-8  <section> shall include any and all stock and mutual insurance
   60-9  companies, local mutual aid associations, statewide mutual
  60-10  assessment companies, group hospital service plan corporations, and
  60-11  stipulated premium insurance companies.
  60-12        E. <B.>  The Texas Department <State Board> of Insurance
  60-13  shall set and collect a sales charge for making copies of any paper
  60-14  of record in the State Board of Insurance, such charge to be in an
  60-15  amount deemed sufficient to reimburse the State for the actual
  60-16  expense; provided, however, that the department <State Board of
  60-17  Insurance> may make and distribute copies of papers containing
  60-18  rating information without charge or for such charge as the Board
  60-19  shall deem appropriate to administer the premium rating laws by
  60-20  properly disseminating such rating information; and provided
  60-21  further that Article 5.29, Texas Insurance Code, shall remain in
  60-22  full force and effect without amendment.
  60-23        F. <C.>  All fees collected by virtue of Section A of this
  60-24  Article shall be deposited in the State Treasury to the credit of
  60-25  the Texas Department <State Board> of Insurance operating fund and
  60-26  appropriated to the use and benefit of the department <State Board
  60-27  of Insurance> to be used in the payment of salaries and other
   61-1  expenses arising out of and in connection with the examination of
   61-2  insurance companies and/or the licensing of insurance companies and
   61-3  investigations of violations of the insurance laws of this State in
   61-4  such manner as provided in the general appropriation bill.
   61-5        G.  All fees collected by the comptroller under Section B of
   61-6  this Article shall be deposited in the general revenue fund.  Those
   61-7  amounts are available for appropriation to the Texas Department of
   61-8  Insurance for its use in paying salaries and other expenses arising
   61-9  out of the examination or licensing of insurance companies and
  61-10  investigations of the violations of this code or other insurance
  61-11  laws of this State as provided by the General Appropriations Act.
  61-12        H. <D.>  Notwithstanding any other provision of this article,
  61-13  any insurer to which this article applies and whose gross premium
  61-14  receipts are less than $450,000.00, according to its annual
  61-15  statement for the preceding year ending December 31, shall be
  61-16  required to pay only one-half the amount of the fees required to be
  61-17  paid under this article and as set by the State Board of Insurance.
  61-18        SECTION 3.10.  Sections 1, 6, 11, and 14, Article 4.10,
  61-19  Insurance Code, are amended to read as follows:
  61-20        Sec. 1.  Payment of tax.  Every insurance carrier, including
  61-21  Lloyd's and reciprocal exchanges and any other organization or
  61-22  concern receiving gross premiums from the business of fire, marine,
  61-23  marine inland, accident, credit, livestock, fidelity, guaranty,
  61-24  surety, casualty, workers' compensation, employers' liability, or
  61-25  any other kind or character of insurance, except title insurance
  61-26  and except as provided in Sections 2, 3, and 4 of this article,
  61-27  shall pay to the comptroller <commissioner of insurance> for
   62-1  transmittal to the state treasurer a <an annual> tax upon such
   62-2  gross premium receipts as provided in this article.  Any such
   62-3  insurance carrier doing other kinds of insurance business shall pay
   62-4  the tax levied upon its gross premiums received from such other
   62-5  kinds of business as provided in Articles 4.03 and 4.11 of this
   62-6  code <Article 4769 and Article 7064a, Revised Civil Statutes of
   62-7  Texas, 1925>.
   62-8        Sec. 6.  Time of Filing and Payment.  (a)  A premium tax
   62-9  return for each taxable year ending the 31st day of December
  62-10  preceding shall be filed and the total amount of the tax due under
  62-11  this article shall be paid on or before the 1st day of March of
  62-12  each year.
  62-13        (b)  A periodic <quarterly> prepayment of premium tax must be
  62-14  made on March 1st, May 15th, August 1st <15th>, and November 15th
  62-15  by all insurers with net tax liability for the previous calendar
  62-16  year in excess of $1,000.  The tax paid on each date must equal
  62-17  one-fourth of the total premium tax paid for the previous calendar
  62-18  year.  Should no premium tax have been paid during the previous
  62-19  calendar year, the quarterly payment shall equal the tax which
  62-20  would be owed on the gross premium receipts during the previous
  62-21  calendar quarter ending March 31st, June 30th, September 30th, or
  62-22  December 31st at the minimum tax rate specified by law.  The
  62-23  comptroller <State Board of Insurance> is authorized to certify for
  62-24  refund to the State Treasurer any overpayment of premium taxes that
  62-25  results from the quarterly prepayment system herein established.
  62-26        (c)  The comptroller by rule may change the dates for
  62-27  reporting and payment of taxes to improve operating efficiencies
   63-1  within the agency, so long as a system of quarterly prepayment of
   63-2  taxes imposed by this article is maintained <The State Board of
   63-3  Insurance may establish such rules, regulations, minimum standards,
   63-4  or limitations which are fair and reasonable as may be appropriate
   63-5  for the augmentation and implementation of this article>.
   63-6        Sec. 11.  Annual Tax Return.  Each insurance carrier which is
   63-7  liable under this article for tax on premiums shall file a tax
   63-8  return annually<, under oath by two officers of such carrier,> on
   63-9  forms prescribed by the comptroller <State Board of Insurance>.
  63-10        Sec. 14.  No Other Taxes to be Levied or Collected;
  63-11  Exceptions.  No occupational tax shall be levied on insurance
  63-12  carriers or companies herein subjected to this premium receipts tax
  63-13  by any county, city, or town.  The taxes in this article shall
  63-14  constitute all taxes collectible under the laws of Texas against
  63-15  any such insurance carrier, except maintenance taxes specifically
  63-16  levied under the laws of Texas and assessed by the State Board of
  63-17  Insurance and administered by the comptroller <to support the
  63-18  various activities of the divisions of the State Board of
  63-19  Insurance>.
  63-20        No other tax shall be levied or collected from any insurance
  63-21  carrier by the state, county, or city or any town, but this law
  63-22  shall not be construed to prohibit the levy and collection of
  63-23  state, county, and municipal taxes upon the real and personal
  63-24  property of such carrier.
  63-25        SECTION 3.11.  Sections 1, 3, 6, 10, and 13, Article 4.11,
  63-26  Insurance Code, are amended to read as follows:
  63-27        Sec. 1.  Insurance Carriers Required to Pay Premium Tax.
   64-1  Every insurance carrier receiving premiums from the business of
   64-2  life insurance, accident insurance, health insurance, life and
   64-3  accident insurance, life and health insurance, health and accident
   64-4  insurance, or life, health, and accident insurance, including
   64-5  variable life insurance, credit life insurance, and credit accident
   64-6  and health insurance for profit or otherwise or for mutual benefit
   64-7  or protection, in this state, shall pay to the comptroller <State
   64-8  Board of Insurance> for transmittal to the state treasurer a <an
   64-9  annual> tax upon its gross premiums as provided in this article.
  64-10        Sec. 3.  Date for Filing Return and Paying Tax.  A premium
  64-11  tax return for each tax year ending the 31st day of December
  64-12  preceding shall be filed and the total amount of the tax due under
  64-13  this article shall be paid on or before either March 1 of each
  64-14  year, <or> the date the annual statement for such carrier is
  64-15  required to be filed with the State Board of Insurance, or another
  64-16  date prescribed by the comptroller.
  64-17        Sec. 6.  Annual Sworn Returns; Forms; Additional Information.
  64-18  Each insurance carrier which is liable under this article for tax
  64-19  on premiums shall file a tax return annually<, under oath by two
  64-20  officers of such carrier,> on forms prescribed by the comptroller
  64-21  <State Board of Insurance>.  The comptroller <commissioner of
  64-22  insurance> may require such carrier to file any relevant additional
  64-23  information reasonably necessary to verify the amount of tax due.
  64-24        Sec. 10.  Failure to Pay Taxes.  Any insurance carrier
  64-25  failing to pay all taxes imposed by this article shall be subject
  64-26  to the provisions of Article 4.05, Insurance Code, and of Subtitles
  64-27  A and B, Title 2, Tax Code, and their subsequent amendments.
   65-1        Sec. 13.  Prepayment of Tax; Rules, Regulations, Standards,
   65-2  Limitations.  (a)  A periodic <quarterly> prepayment of premium tax
   65-3  must be made on March 1, May 15, August 1 <15>, and November 15 by
   65-4  all insurers with net tax liability for the previous calendar year
   65-5  in excess of $1,000.  The tax paid on each date must equal
   65-6  one-fourth of the total premium tax paid for the previous calendar
   65-7  year.  Should no premium tax have been paid during the previous
   65-8  calendar year, the quarterly payment shall equal the tax which
   65-9  would be owed on the gross premium receipts during the previous
  65-10  calendar quarter ending March 31, June 30, September 30, or
  65-11  December 31 at the minimum tax rate specified by law.  The
  65-12  comptroller <State Board of Insurance> is authorized to certify for
  65-13  refund to the state treasurer any overpayment of premium taxes that
  65-14  results from the <quarterly> prepayment system herein established.
  65-15        (b)  The comptroller by rule may change the dates for
  65-16  reporting and payment of taxes to improve operating efficiencies
  65-17  within the agency, so long as a system of quarterly prepayment of
  65-18  taxes imposed by this article is maintained  <The State Board of
  65-19  Insurance may establish such rules, regulations, minimum standards,
  65-20  or limitations which are fair and reasonable as may be appropriate
  65-21  for the augmentation and implementation of this article>.
  65-22        SECTION 3.12.  Sections 2, 3, and 4, Article 4.11C, Insurance
  65-23  Code, are amended to read as follows:
  65-24        Sec. 2.  A reciprocal exchange may elect to be subject to the
  65-25  tax imposed under Article 4.10 of this code, or to be subject to
  65-26  the tax imposed under Article 4.11B of this code.  A reciprocal
  65-27  exchange that elects to be taxed under Article 4.10 of this code
   66-1  must file with the comptroller <commissioner of insurance> not
   66-2  later than the 31st day before the day on which the tax year for
   66-3  which the election is to be effective begins a written statement on
   66-4  a form adopted by the comptroller <State Board of Insurance>
   66-5  stating that an election has been made.  If a reciprocal exchange
   66-6  does not file an election as provided by this article or has
   66-7  withdrawn the election, the reciprocal exchange is subject to the
   66-8  tax imposed under Article 4.11B of this code.
   66-9        Sec. 3.  A reciprocal exchange that elects to be taxed under
  66-10  Article 4.10 of this code will continue to be taxed under that
  66-11  article for each tax year until written notice is given to the
  66-12  comptroller <commissioner> that the election to be taxed under that
  66-13  article is withdrawn.  The notice of withdrawal must be filed with
  66-14  the comptroller <commissioner of insurance> not later than the 31st
  66-15  day before the beginning of the tax year for which the withdrawal
  66-16  is to be effective.
  66-17        Sec. 4.  The comptroller <State Board of Insurance> by rule
  66-18  may adopt necessary forms and procedures to carry out this article.
  66-19  The comptroller by rule may change the dates for reporting and
  66-20  payment of taxes to improve operating efficiencies within the
  66-21  agency, so long as a system of quarterly prepayment of taxes
  66-22  imposed by this article is maintained.
  66-23        SECTION 3.13.  Article 4.17, Insurance Code, is amended by
  66-24  amending Subsections (a), (c), (d), and (e) and adding Subsections
  66-25  (g) and (h) to read as follows:
  66-26        (a)  The State Board of Insurance shall annually determine
  66-27  the rate of assessment of a maintenance tax to be paid on an
   67-1  annual, <or> semiannual, or other periodic basis, as determined by
   67-2  the comptroller.  The rate of assessment may <basis and collect a
   67-3  maintenance tax in an amount> not <to> exceed .04 percent of the
   67-4  correctly reported gross premiums of life, health, and accident
   67-5  insurance coverages and the gross considerations for annuity and
   67-6  endowment contracts collected by all authorized insurers writing
   67-7  life, health, and accident insurance, annuity, or endowment
   67-8  contracts in this state.  The comptroller shall collect the
   67-9  maintenance tax.
  67-10        (c)  The State Board of Insurance, after taking into account
  67-11  the unexpended funds produced by this tax, if any, shall adjust the
  67-12  rate of assessment each year to produce the amount of funds that it
  67-13  estimates will be necessary to pay all the expenses of regulating
  67-14  life, health, and accident insurers during the succeeding year.  In
  67-15  making an estimate under this subsection, the board shall take into
  67-16  account the requirement that the general revenue fund be reimbursed
  67-17  under Article 4.19 of this code.
  67-18        (d)  The taxes collected shall be deposited in the state
  67-19  treasury to the credit of the general revenue fund to be
  67-20  reallocated to the Texas Department <State Board> of Insurance
  67-21  operating fund and shall be spent as authorized by legislative
  67-22  appropriation <only> on warrants issued by the comptroller <of
  67-23  public accounts> pursuant to duly certified requisitions of the
  67-24  State Board of Insurance.  Amounts reallocated to the Texas
  67-25  Department of Insurance operating fund under this subsection may be
  67-26  transferred to the general revenue fund in accordance with Article
  67-27  4.19 of this code.
   68-1        (e)  The comptroller <State Board of Insurance> may collect
   68-2  the tax assessed under this article on a semiannual or other
   68-3  periodic basis <semiannually> from those insurers whose tax
   68-4  liability under this article for the previous year was $2,000 or
   68-5  more.  <The State Board of Insurance may prescribe and adopt
   68-6  reasonable rules to implement these payments that are not
   68-7  inconsistent with this article.>
   68-8        (g)  Not later than the 45th day before the date on which a
   68-9  tax return for a period is due, the board shall advise the
  68-10  comptroller of the rate of assessment for that period.
  68-11        (h)  If the board has not advised the comptroller of the rate
  68-12  of assessment for a period as required by Subsection (g) of this
  68-13  article, the amount of taxes due under this article for that period
  68-14  for a taxpayer is an amount equal to 90 percent of the amount paid
  68-15  by that taxpayer for the previous tax period.  If the board advises
  68-16  the comptroller of the rate of assessment for a period after taxes
  68-17  are assessed under this subsection, the comptroller shall:
  68-18              (1)  advise each taxpayer in writing of the amount of
  68-19  any additional taxes due; or
  68-20              (2)  refund any excess taxes paid.
  68-21        SECTION 3.14.  Chapter 4, Insurance Code, is amended by
  68-22  adding Articles 4.18 and 4.19 to read as follows:
  68-23        Art. 4.18.  TAX ADMINISTRATION FUNCTIONS; COOPERATION BETWEEN
  68-24  DEPARTMENT AND COMPTROLLER.  (a)  The board, the commissioner, and
  68-25  the comptroller shall cooperate fully in performing their
  68-26  respective duties under this code and other insurance laws of this
  68-27  state.
   69-1        (b)  The department shall comply with all reasonable requests
   69-2  of the comptroller relating to the sharing of information gathered
   69-3  or compiled in connection with functions carried out under this
   69-4  code or other insurance laws of this state.
   69-5        (c)  The department shall maintain the federal identification
   69-6  number of all entities subject to regulation under this code or
   69-7  another insurance law of this state and shall include the
   69-8  appropriate number in any communication to or information shared
   69-9  with the comptroller.
  69-10        Art. 4.19.  TAX ADMINISTRATION FUNCTIONS; REIMBURSEMENT OF
  69-11  GENERAL REVENUE FUND.  (a)  The department shall reimburse the
  69-12  general revenue fund for the amount of expenses incurred by the
  69-13  comptroller in administering the taxes imposed under this code or
  69-14  another insurance law of this state in accordance with this
  69-15  article.
  69-16        (b)  The comptroller shall certify to the board the total
  69-17  amount of expenses estimated to be required to perform the
  69-18  comptroller's duties under this code or another insurance law of
  69-19  this state for each fiscal biennium.  The comptroller shall provide
  69-20  copies of the certification to the budget division of the
  69-21  governor's office and to the Legislative Budget Board.
  69-22        (c)  The amount certified by the comptroller under Subsection
  69-23  (b) of this article shall be transferred from the Texas Department
  69-24  of Insurance operating fund to the general revenue fund.  It is the
  69-25  intent of the legislature that the money in the department's
  69-26  operating fund that is to be transferred into the general revenue
  69-27  fund under this subsection should reflect the revenues from the
   70-1  various maintenance taxes paid by insurers under this code or other
   70-2  insurance laws of this state.
   70-3        (d)  In setting the maintenance taxes for each fiscal year,
   70-4  the commissioner shall ensure that the amount of the taxes imposed
   70-5  is sufficient to fully  reimburse the general revenue fund for the
   70-6  expenses incurred by the comptroller in administering the taxes
   70-7  imposed under this code and other insurance laws of this state.  If
   70-8  the amount of maintenance taxes collected is insufficient to
   70-9  reimburse the general revenue fund for the expenses incurred by the
  70-10  comptroller in administering the taxes imposed under this code and
  70-11  other insurance laws of this state, other money in the department's
  70-12  operating fund shall be used to reimburse the general revenue fund
  70-13  in accordance with Subsection (b) of this article.
  70-14        SECTION 3.15.  Articles 5.12, 5.24, 5.49, and 5.68, Insurance
  70-15  Code, are amended to read as follows:
  70-16        Art. 5.12.  Maintenance Tax on Gross Premiums.  (a)  The
  70-17  State of Texas by and through the State Board of Insurance shall
  70-18  annually determine the rate of assessment of a maintenance tax to
  70-19  be paid <and collect> on an annual or semiannual basis, as
  70-20  determined by the comptroller.  The rate of assessment may <Board,
  70-21  a maintenance tax in an amount> not <to> exceed one-fifth of one
  70-22  percent of the correctly reported gross motor vehicle insurance
  70-23  premiums of all authorized insurers writing motor vehicle insurance
  70-24  in this state.  The comptroller shall collect the maintenance tax.
  70-25        (b)  The tax required by this article is in addition to all
  70-26  other taxes now imposed or that may be subsequently imposed and
  70-27  that are not in conflict with this article.
   71-1        (c)  The State Board of Insurance, after taking into account
   71-2  the unexpended funds produced by this tax, if any, shall adjust the
   71-3  rate of assessment each year to produce the amount of funds that it
   71-4  estimates will be necessary to pay all the expenses of regulating
   71-5  motor vehicle insurance during the succeeding year.  In making an
   71-6  estimate under this subsection, the board shall take into account
   71-7  the requirement that the general revenue fund be reimbursed under
   71-8  Article 4.19 of this code.
   71-9        (d)  The taxes collected shall be deposited in the State
  71-10  Treasury to the credit of the general revenue fund to be
  71-11  reallocated to the Texas Department <State Board> of Insurance
  71-12  operating fund and shall be spent as authorized by legislative
  71-13  appropriation only on warrants issued by the comptroller <of public
  71-14  accounts> pursuant to duly certified requisitions of the State
  71-15  Board of Insurance.  Amounts reallocated to the Texas Department of
  71-16  Insurance operating fund under this subsection may be transferred
  71-17  to the general revenue fund in accordance with Article 4.19 of this
  71-18  code.
  71-19        (e)  The comptroller <State Board of Insurance> may elect to
  71-20  collect on a semiannual or other periodic basis the tax assessed
  71-21  under this article only from insurers whose tax liability under
  71-22  this article for the previous tax year was $2,000 or more<.  The
  71-23  State Board of Insurance may prescribe and adopt reasonable rules
  71-24  to implement such payments as it deems advisable, not inconsistent
  71-25  with this article>.
  71-26        (f)  Not later than the 45th day before the date on which a
  71-27  tax return for a period is due, the board shall advise the
   72-1  comptroller of the rate of assessment for that period.
   72-2        (g)  If the board has not advised the comptroller of the rate
   72-3  of assessment for a period as required by Subsection (f) of this
   72-4  article, the amount of taxes due under this article for that period
   72-5  for a taxpayer is an amount equal to 90 percent of the amount paid
   72-6  by that taxpayer for the previous tax period.  If the board advises
   72-7  the comptroller of the rate of assessment for a period after taxes
   72-8  are assessed under this subsection, the comptroller shall:
   72-9              (1)  advise each taxpayer in writing of the amount of
  72-10  any additional taxes due; or
  72-11              (2)  refund any excess taxes paid.
  72-12        Art. 5.24.  Maintenance Tax on Gross Premiums.  (a)  The
  72-13  State of Texas by and through the State Board of Insurance shall
  72-14  annually determine the rate of assessment of a maintenance tax to
  72-15  be paid <and collect> on an annual or semiannual basis, as
  72-16  determined by the comptroller.   The rate of assessment may <Board,
  72-17  a maintenance tax in an amount> not <to> exceed two-fifths of one
  72-18  percent of the correctly reported gross premiums of all classes of
  72-19  insurance covered by this subchapter of all authorized insurers
  72-20  writing those classes of insurance in this state.  The comptroller
  72-21  shall collect the maintenance tax.
  72-22        (b)  The tax required by this article is in addition to all
  72-23  other taxes now imposed or that may be subsequently imposed and
  72-24  that are not in conflict with this article.
  72-25        (c)  The State Board of Insurance, after taking into account
  72-26  the unexpended funds produced by this tax, if any, shall adjust the
  72-27  rate of assessment each year to produce the amount of funds that it
   73-1  estimates will be necessary to pay all the expenses of regulating
   73-2  all classes of insurance covered by this subchapter during the
   73-3  succeeding year.  In making an estimate under this subsection, the
   73-4  board shall take into account the requirement that the general
   73-5  revenue fund be reimbursed under Article 4.19 of this code.
   73-6        (d)  The taxes collected shall be deposited in the State
   73-7  Treasury to the credit of the general revenue fund to be
   73-8  reallocated to the Texas Department <State Board> of Insurance
   73-9  operating fund and shall be spent as authorized by legislative
  73-10  appropriation <only> on warrants issued by the comptroller <of
  73-11  public accounts> pursuant to duly certified requisitions of the
  73-12  State Board of Insurance.  Amounts reallocated to the Texas
  73-13  Department of Insurance operating fund under this subsection may be
  73-14  transferred to the general revenue fund in accordance with Article
  73-15  4.19 of this code.
  73-16        (e)  The comptroller <State Board of Insurance> may elect to
  73-17  collect on a semiannual basis the tax assessed under this article
  73-18  only from insurers whose tax liability under this article for the
  73-19  previous tax year was $2,000 or more<.  The State Board of
  73-20  Insurance may prescribe and adopt reasonable rules to implement
  73-21  such payments as it deems advisable, not inconsistent with this
  73-22  article>.
  73-23        (f)  Not later than the 45th day before the date on which a
  73-24  tax return for a period is due, the board shall advise the
  73-25  comptroller of the rate of assessment for that period.
  73-26        (g)  If the board has not advised the comptroller of the rate
  73-27  of assessment for a period as required by Subsection (f) of this
   74-1  article, the amount of taxes due under this article for that period
   74-2  for a taxpayer is an amount equal to 90 percent of the amount paid
   74-3  by that taxpayer for the previous tax period.  If the board advises
   74-4  the comptroller of the rate of assessment for a period after taxes
   74-5  are assessed under this subsection, the comptroller shall:
   74-6              (1)  advise each taxpayer in writing of the amount of
   74-7  any additional taxes due; or
   74-8              (2)  refund any excess taxes paid.
   74-9        Art. 5.49.  Maintenance tax on gross premiums.  (a)  The
  74-10  State of Texas by and through the State Board of Insurance shall
  74-11  annually determine the rate of assessment of a maintenance tax to
  74-12  be paid on an annual or semiannual basis, as determined by the
  74-13  comptroller.  The rate of assessment may <Board, and collect a
  74-14  maintenance tax in an amount> not <to> exceed one and one-fourth
  74-15  percent of the correctly reported gross premiums of fire,
  74-16  lightning, tornado, windstorm, hail, smoke or smudge, cyclone,
  74-17  earthquake, volcanic eruption, rain, frost and freeze, weather or
  74-18  climatic conditions, excess or deficiency of moisture, flood, the
  74-19  rising of the waters of the ocean or its tributaries, bombardment,
  74-20  invasion, insurrection, riot, civil war or commotion, military or
  74-21  usurped power, any order of a civil authority made to prevent the
  74-22  spread of a conflagration, epidemic, or catastrophe, vandalism or
  74-23  malicious mischief, strike or lockout, explosion as defined in
  74-24  Article 5.52 of this code, water or other fluid or substance
  74-25  resulting from the breakage or leakage of sprinklers, pumps, or
  74-26  other apparatus erected for extinguishing fires, water pipes, or
  74-27  other conduits or containers insurance coverage collected by all
   75-1  authorized insurers writing those types of insurance in this state.
   75-2  The comptroller shall collect the maintenance tax.
   75-3        (b)  The tax required by this article is in addition to all
   75-4  other taxes now imposed or that may be subsequently imposed and
   75-5  that are not in conflict with this article.
   75-6        (c)  The State Board of Insurance, after taking into account
   75-7  the unexpended funds produced by this tax, if any, shall adjust the
   75-8  rate of assessment each year to produce the amount of funds that it
   75-9  estimates will be necessary to pay all the expenses of regulating
  75-10  all classes of insurance specified by this subchapter during the
  75-11  succeeding year.  In making an estimate under this subsection, the
  75-12  board shall take into account the requirement that the general
  75-13  revenue fund be reimbursed under Article 4.19 of this code.
  75-14        (d)  The taxes collected shall be deposited in the State
  75-15  Treasury to the credit of the general revenue fund to be
  75-16  reallocated to the Texas Department <State Board> of Insurance
  75-17  operating fund and shall be spent as authorized by legislative
  75-18  appropriation <only> on warrants issued by the comptroller <of
  75-19  public accounts> pursuant to duly certified requisitions of the
  75-20  State Board of Insurance.  Amounts reallocated to the Texas
  75-21  Department of Insurance operating fund under this subsection may be
  75-22  transferred to the general revenue fund in accordance with Article
  75-23  4.19 of this code.
  75-24        (e)  The comptroller <State Board of Insurance> may elect to
  75-25  collect on a semiannual or other periodic basis the tax assessed
  75-26  under this article only from insurers whose tax liability under
  75-27  this article for the previous tax year was $2,000 or more<.  The
   76-1  State Board of Insurance may prescribe and adopt reasonable rules
   76-2  to implement such payments as it deems advisable, not inconsistent
   76-3  with this article>.
   76-4        (f)  Not later than the 45th day before the date on which a
   76-5  tax return for a period is due, the board shall advise the
   76-6  comptroller of the rate of assessment for that period.
   76-7        (g)  If the board has not advised the comptroller of the rate
   76-8  of assessment for a period as required by Subsection (f) of this
   76-9  article, the amount of taxes due under this article for that period
  76-10  for a taxpayer is an amount equal to 90 percent of the amount paid
  76-11  by that taxpayer for the previous tax period.  If the board advises
  76-12  the comptroller of the rate of assessment for a period after taxes
  76-13  are assessed under this subsection, the comptroller shall:
  76-14              (1)  advise each taxpayer in writing of the amount of
  76-15  any additional taxes due; or
  76-16              (2)  refund any excess taxes paid.
  76-17        Art. 5.68.  Maintenance tax on gross premiums.  (a)  The
  76-18  State of Texas by and through the State Board of Insurance shall<,
  76-19  as determined by the Board,> annually determine the rate of
  76-20  assessment of a maintenance tax <and collect> on an annual or
  76-21  semiannual basis.  The comptroller shall collect the maintenance
  76-22  tax<,> from each stock company, mutual company, reciprocal or
  76-23  interinsurance exchange, and Lloyd's association.  The rate of
  76-24  assessment may <a maintenance tax in an amount> not <to> exceed
  76-25  three-fifths of one percent of the correctly reported gross
  76-26  workers' compensation insurance premiums of all authorized insurers
  76-27  writing workers' compensation insurance in this state.
   77-1        (b)  The tax required by this article is in addition to all
   77-2  other taxes now imposed or that may be subsequently imposed and
   77-3  that are not in conflict with this article.
   77-4        (c)  The State Board of Insurance, after taking into account
   77-5  the unexpended funds produced by this tax, if any, shall adjust the
   77-6  rate of assessment each year to produce the amount of funds that it
   77-7  estimates will be necessary to pay all the expenses of regulating
   77-8  workers' compensation insurance during the succeeding year.  In
   77-9  making an estimate under this subsection, the board shall take into
  77-10  account the requirement that the general revenue fund be reimbursed
  77-11  under Article 4.19 of this code.
  77-12        (d)  The taxes collected shall be deposited in the State
  77-13  Treasury to the credit of the general revenue fund to be
  77-14  reallocated to the Texas Department <State Board> of Insurance
  77-15  operating fund and shall be spent as authorized by legislative
  77-16  appropriation <only> on warrants issued by the comptroller <of
  77-17  public accounts> pursuant to duly certified requisitions of the
  77-18  State Board of Insurance.  Amounts reallocated to the Texas
  77-19  Department of Insurance operating fund under this subsection may be
  77-20  transferred to the general revenue fund in accordance with Article
  77-21  4.19 of this code.
  77-22        (e)  The comptroller <State Board of Insurance> may elect to
  77-23  collect on a semiannual basis the tax assessed under this article
  77-24  only from insurers whose tax liability under this article for the
  77-25  previous tax year was $2,000 or more<.  The State Board of
  77-26  Insurance may prescribe and adopt reasonable rules to implement
  77-27  such payments as it deems advisable, not inconsistent with this
   78-1  article>.
   78-2        (f)  Not later than the 45th day before the date on which a
   78-3  tax return for a period is due, the board shall advise the
   78-4  comptroller of the rate of assessment for that period.
   78-5        (g)  If the board has not advised the comptroller of the rate
   78-6  of assessment for a period as required by Subsection (f) of this
   78-7  article, the amount of taxes due under this article for that period
   78-8  for a taxpayer is an amount equal to 90 percent of the amount paid
   78-9  by that taxpayer for the previous tax period.  If the board advises
  78-10  the comptroller of the rate of assessment for a period after taxes
  78-11  are assessed under this subsection, the comptroller shall:
  78-12              (1)  advise each taxpayer in writing of the amount of
  78-13  any additional taxes due; or
  78-14              (2)  refund any excess taxes paid.
  78-15        SECTION 3.16.  Section 10(b), Article 5.76-5, Insurance Code,
  78-16  is amended to read as follows:
  78-17        (b)  The maintenance tax surcharge shall be set in an amount
  78-18  sufficient to pay all debt service on the bonds.  The maintenance
  78-19  tax surcharge is set by the State Board of Insurance in the same
  78-20  time and shall be collected by the comptroller on behalf of the
  78-21  fund in the same manner as provided under Article 5.68 of this
  78-22  code.
  78-23        SECTION 3.17.  Articles 5.91 and 9.46, Insurance Code, are
  78-24  amended to read as follows:
  78-25        Art. 5.91.  Maintenance Tax on Gross Premiums.  (a)  The
  78-26  State of Texas by and through the State Board of Insurance shall
  78-27  annually determine the rate of assessment of a maintenance tax to
   79-1  be paid on an annual or semiannual basis, as determined by the
   79-2  comptroller.  The rate of assessment may <Board, and collect a
   79-3  maintenance tax in an amount> not <to> exceed two-fifths of one
   79-4  percent of the correctly reported gross premiums on all classes of
   79-5  insurance covered by this subchapter of all authorized insurers
   79-6  writing those classes of insurance in this state.  The comptroller
   79-7  shall collect the maintenance tax.
   79-8        (b)  The tax required by this article is in addition to all
   79-9  other taxes now imposed or that may be subsequently imposed and
  79-10  that are not in conflict with this article.
  79-11        (c)  The State Board of Insurance, after taking into account
  79-12  the unexpended funds produced by this tax, if any, shall adjust the
  79-13  rate of assessment each year to produce the amount of funds that it
  79-14  estimates will be necessary to pay all the expenses of regulating
  79-15  all classes of insurance specified by this subchapter during the
  79-16  succeeding year.  In making an estimate under this subsection, the
  79-17  board shall take into account the requirement that the general
  79-18  revenue fund be reimbursed under Article 4.19 of this code.
  79-19        (d)  The taxes collected shall be deposited in the State
  79-20  Treasury to the credit of the general revenue fund to be
  79-21  reallocated to the Texas Department <State Board> of Insurance
  79-22  operating fund and shall be spent as authorized by legislative
  79-23  appropriation <only> on warrants issued by the comptroller <of
  79-24  public accounts> pursuant to duly certified requisitions of the
  79-25  State Board of Insurance.  Amounts reallocated to the Texas
  79-26  Department of Insurance operating fund under this subsection may be
  79-27  transferred to the general revenue fund in accordance with Article
   80-1  4.19 of this code.
   80-2        (e)  The comptroller <State Board of Insurance> may elect to
   80-3  collect on a semiannual basis the tax assessed under this article
   80-4  only from insurers whose tax liability under this article for the
   80-5  previous tax year was $2,000 or more<.  The State Board of
   80-6  Insurance may prescribe and adopt reasonable rules to implement
   80-7  such payments as it deems advisable, not inconsistent with this
   80-8  article>.
   80-9        (f)  Not later than the 45th day before the date on which a
  80-10  tax return for a period is due, the board shall advise the
  80-11  comptroller of the rate of assessment for that period.
  80-12        (g)  If the board has not advised the comptroller of the rate
  80-13  of assessment for a period as required by Subsection (f) of this
  80-14  article, the amount of taxes due under this article for that period
  80-15  for a taxpayer is an amount equal to 90 percent of the amount paid
  80-16  by that taxpayer for the previous tax period.  If the board advises
  80-17  the comptroller of the rate of assessment for a period after taxes
  80-18  are assessed under this subsection, the comptroller shall:
  80-19              (1)  advise each taxpayer in writing of the amount of
  80-20  any additional taxes due; or
  80-21              (2)  refund any excess taxes paid.
  80-22        Art. 9.46.  Maintenance Tax on Gross Premiums.  (a)  The
  80-23  State of Texas by and through the State Board of Insurance shall
  80-24  annually determine the rate of assessment of a maintenance tax to
  80-25  be paid on an annual, <or> semiannual, or other periodic basis, as
  80-26  determined by the comptroller.  The rate of assessment may <Board,
  80-27  and collect a maintenance tax in an amount> not <to> exceed one
   81-1  percent of the correctly reported gross title insurance premiums of
   81-2  all authorized insurers writing title insurance in this state.  The
   81-3  comptroller shall collect the maintenance tax.
   81-4        (b)  The tax required by this article is in addition to all
   81-5  other taxes now imposed or that may be subsequently imposed and
   81-6  that are not in conflict with this article.
   81-7        (c)  The State Board of Insurance, after taking into account
   81-8  the unexpended funds produced by this tax, if any, shall adjust the
   81-9  rate of assessment each year to produce the amount of funds that it
  81-10  estimates will be necessary to pay all the expenses of regulating
  81-11  title insurance during the succeeding year.  In making an estimate
  81-12  under this subsection, the board shall take into account the
  81-13  requirement that the general revenue fund be reimbursed under
  81-14  Article 4.19 of this code.
  81-15        (d)  The taxes collected shall be deposited in the State
  81-16  Treasury to the credit of the general revenue fund to be
  81-17  reallocated to the Texas Department <State Board> of Insurance
  81-18  operating fund and shall be spent as authorized by legislative
  81-19  appropriation <only> on warrants issued by the comptroller <of
  81-20  public accounts> pursuant to duly certified requisitions of the
  81-21  State Board of Insurance.  Amounts reallocated to the Texas
  81-22  Department of Insurance operating fund under this subsection may be
  81-23  transferred to the general revenue fund in accordance with
  81-24  Article 4.19 of this code.
  81-25        (e)  The comptroller <State Board of Insurance> may elect to
  81-26  collect on a semiannual or other periodic basis the tax assessed
  81-27  under this article only from insurers whose tax liability under
   82-1  this article for the previous tax year was $2,000 or more<.  The
   82-2  State Board of Insurance may prescribe and adopt reasonable rules
   82-3  to implement such payments as it deems advisable, not inconsistent
   82-4  with this article>.
   82-5        (f)  Not later than the 45th day before the date on which a
   82-6  tax return for a period is due, the board shall advise the
   82-7  comptroller of the rate of assessment for that period.
   82-8        (g)  If the board has not advised the comptroller of the rate
   82-9  of assessment for a period as required by Subsection (f) of this
  82-10  article, the amount of taxes due under this article for that period
  82-11  for a taxpayer is an amount equal to 90 percent of the amount paid
  82-12  by that taxpayer for the previous tax period.  If the board advises
  82-13  the comptroller of the rate of assessment for a period after taxes
  82-14  are assessed under this subsection, the comptroller shall:
  82-15              (1)  advise each taxpayer in writing of the amount of
  82-16  any additional taxes due; or
  82-17              (2)  refund any excess taxes paid.
  82-18        SECTION 3.18.  Sections 1, 3, and 5, Article 9.59, Insurance
  82-19  Code, are amended to read as follows:
  82-20        Sec. 1.  Payment of tax.  Each title insurance company
  82-21  receiving premiums from the business of title insurance shall pay
  82-22  to the comptroller <commissioner of insurance> for transmittal to
  82-23  the state treasurer a <an annual> tax on those premiums as provided
  82-24  in this article.
  82-25        Sec. 3.  Time of filing and payment.  (a)  A premium tax
  82-26  return for each taxable year ending on December 31 of the preceding
  82-27  year shall be filed and the total amount of the tax due under this
   83-1  article shall be paid on or before March 1 of each year or another
   83-2  date prescribed by the comptroller.
   83-3        (b)  A periodic <quarterly> prepayment of premium tax must be
   83-4  made on March 1, May 15, August 1 <15>, and November 15, or other
   83-5  dates prescribed by the comptroller, by all insurers with net tax
   83-6  liability for the previous calendar year of more than $1,000.  The
   83-7  tax paid on each date must equal one-fourth of the total premium
   83-8  tax paid for the previous calendar year or the portion of the total
   83-9  tax paid prescribed by the comptroller.  If no premium tax has been
  83-10  paid during the previous calendar year, the quarterly or other
  83-11  periodic payment shall equal the tax that would be owed on the
  83-12  gross premium receipts during the previous calendar quarter ending
  83-13  March 31, June 30, September 30, or December 31, or other
  83-14  applicable periods in the previous calendar year, at the minimum
  83-15  tax rate specified by law.  The comptroller <commissioner> may
  83-16  certify for refund to the state treasurer any overpayment of
  83-17  premium taxes that results from the periodic <quarterly> prepayment
  83-18  system established by this subsection.
  83-19        (c)  Without limiting the general authority of the
  83-20  comptroller to adopt rules to promote the efficient administration,
  83-21  collection, enforcement, and reporting of taxes under this code or
  83-22  another insurance law of this state, the <The> State Board of
  83-23  Insurance or comptroller, as appropriate, may adopt rules,
  83-24  regulations, minimum standards, and limitations that are fair and
  83-25  reasonable as may be appropriate for the augmentation and
  83-26  implementation of this article.
  83-27        Sec. 5.  ANNUAL TAX RETURN.  Each title insurance company
   84-1  that is liable under this article to remit tax on premium shall
   84-2  file a tax return annually<, under oath by two officers of the
   84-3  title insurance company,> on forms prescribed by the comptroller
   84-4  <State Board of Insurance>.
   84-5        SECTION 3.19.  Section 33, Texas Health Maintenance
   84-6  Organization Act (Article 20A.33, Vernon's Texas Insurance Code),
   84-7  is amended by amending Subsection (d) and adding Subsections (e),
   84-8  (f), (g), (h), (i), and (j) to read as follows:
   84-9        (d)  The State Board of Insurance shall annually determine
  84-10  the rate of assessment of <and collect> a per capita maintenance
  84-11  tax to be paid on an annual or semiannual basis, on the correctly
  84-12  reported gross revenues for the issuance of health maintenance
  84-13  certificates or contracts collected by all authorized health
  84-14  maintenance organizations issuing such coverages in this state.
  84-15  The rate of assessment may <in an amount> not <to> exceed $2 for
  84-16  each enrollee.  The rate of assessment may differ between basic
  84-17  health care plans and single health care service plans and shall
  84-18  equitably reflect any differences in regulatory resources
  84-19  attributable to each type of plan.  The comptroller shall collect
  84-20  the maintenance tax.
  84-21        (e)  The tax required by this section <article> is in
  84-22  addition to all other taxes now imposed or that may be subsequently
  84-23  imposed and that are not in conflict with this section.
  84-24        (f)  The State Board of Insurance, after taking into account
  84-25  the unexpended funds produced by this tax, if any, shall adjust the
  84-26  rate of assessment each year to produce the amount of funds that it
  84-27  estimates will be necessary to pay all the expenses of regulating
   85-1  health maintenance organizations during the succeeding year.  In
   85-2  making an estimate under this subsection, the board shall take into
   85-3  account the requirement that the general revenue fund be reimbursed
   85-4  under Article 4.19, Insurance Code.
   85-5        (g)  The taxes collected shall be deposited in the State
   85-6  Treasury to the credit of the general revenue fund to be
   85-7  reallocated to the Texas Department <State Board> of Insurance
   85-8  operating fund and shall be spent as authorized by legislative
   85-9  appropriation <only> on warrants issued by the comptroller <of
  85-10  public accounts> pursuant to duly certified requisitions of the
  85-11  State Board of Insurance. Amounts reallocated to the Texas
  85-12  Department of Insurance operating fund under this subsection may be
  85-13  transferred to the general revenue fund in accordance with Article
  85-14  4.19, Insurance Code.
  85-15        (h)  The State Board of Insurance may collect the tax
  85-16  assessed under this section on a semiannual or other periodic basis
  85-17  <semiannually> from those health maintenance organizations whose
  85-18  tax liability under this section for the previous year was $2,000
  85-19  or more<.  The State Board of Insurance may prescribe and adopt
  85-20  reasonable rules to implement such payments as it deems advisable,
  85-21  not inconsistent with this section>.
  85-22        (i)  Not later than the 45th day before the date on which a
  85-23  tax return for a period is due, the board shall advise the
  85-24  comptroller of the rate of assessment for that period.
  85-25        (j)  If the board has not advised the comptroller of the rate
  85-26  of assessment for a period as required by Subsection (i) of this
  85-27  section, the amount of taxes due under this section for that period
   86-1  for a taxpayer is an amount equal to 90 percent of the amount paid
   86-2  by that taxpayer for the previous tax period.  If the board advises
   86-3  the comptroller of the rate of assessment for a period after taxes
   86-4  are assessed under this subsection, the comptroller shall:
   86-5              (1)  advise each taxpayer in writing of the amount of
   86-6  any additional taxes due; or
   86-7              (2)  refund any excess taxes paid.
   86-8        SECTION 3.20.  Section 21, Article 21.07-6, Insurance Code,
   86-9  is amended by amending Subsections (a), (c), and (d) and adding
  86-10  Subsections (e) and (f) to read as follows:
  86-11        (a)  The board annually shall determine the rate of
  86-12  assessment of a maintenance tax to be paid on an annual, <or>
  86-13  semiannual, or other periodic basis, as determined by the
  86-14  comptroller.  The rate of assessment may <and collect a maintenance
  86-15  tax in an amount> not <to> exceed one percent of the correctly
  86-16  reported administrative or service fees of all administrators that
  86-17  are covered by certificates of authority.  The comptroller shall
  86-18  collect the maintenance tax.
  86-19        (c)  The board, after taking into account the unexpended
  86-20  funds produced by this tax, if any, shall adjust the rate of
  86-21  assessment each year to produce the amount of funds that it
  86-22  estimates will be necessary to pay all the expenses of regulating
  86-23  administrators.  In making an estimate under this subsection, the
  86-24  board shall take into account the requirement that the general
  86-25  revenue fund be reimbursed under Article 4.19 of this code.
  86-26        (d)  The taxes collected under this section shall be
  86-27  deposited in the state treasury to the credit of the general
   87-1  revenue fund to be reallocated to the Texas Department <State
   87-2  Board> of Insurance operating fund and shall be spent as authorized
   87-3  by legislative appropriation <only> on warrants issued by the
   87-4  comptroller <of public accounts> pursuant to duly certified
   87-5  requisitions of the board.  Amounts reallocated to the Texas
   87-6  Department of Insurance operating fund under this subsection may be
   87-7  transferred to the general revenue fund in accordance with Article
   87-8  4.19 of this code.
   87-9        (e)  Not later than the 45th day before the date on which a
  87-10  tax return for a period is due, the board shall advise the
  87-11  comptroller of the rate of assessment for that period.
  87-12        (f)  If the board has not advised the comptroller of the rate
  87-13  of assessment for a period as required by Subsection (e) of this
  87-14  section, the amount of taxes due under this section for that period
  87-15  for a taxpayer is an amount equal to 90 percent of the amount paid
  87-16  by that taxpayer for the previous tax period.  If the board advises
  87-17  the comptroller of the rate of assessment for a period after taxes
  87-18  are assessed under this subsection, the comptroller shall:
  87-19              (1)  advise each taxpayer in writing of the amount of
  87-20  any additional taxes due; or
  87-21              (2)  refund any excess taxes paid.
  87-22        SECTION 3.21.  Sections 4(e) and (f), Article 21.54,
  87-23  Insurance Code, are amended to read as follows:
  87-24        (e)  A filing fee not to exceed $500 as established by board
  87-25  regulation may be imposed for the filing of the financial statement
  87-26  under Subdivision (1) of Subsection (d) of this section.  Fees
  87-27  collected for filing the statement shall be deposited in the State
   88-1  Treasury to the credit of the general revenue fund to be
   88-2  reallocated to the Texas Department <State Board> of Insurance
   88-3  operating fund.
   88-4        (f)  Such risk retention group shall be liable for the
   88-5  payment of premium and maintenance taxes and taxes on premiums of
   88-6  direct business for risks located within this state and shall
   88-7  report to the commissioner of this state the net premiums written
   88-8  for risks located within this state.  Such risk retention group
   88-9  shall be subject to taxation, and any applicable fines and
  88-10  penalties related thereto, on the same basis as a foreign admitted
  88-11  insurer pursuant to Chapters 4 and 5 of this code.  Groups shall
  88-12  provide to the comptroller all information the comptroller may
  88-13  request in connection with  the reporting, collection, enforcement,
  88-14  and administration of taxes due under this article and of the fee
  88-15  imposed under Subsection (e) of this section.
  88-16        SECTION 3.22.  Chapter 23, Insurance Code, is amended by
  88-17  amending Article 23.08 and adding Article 23.08A to read as
  88-18  follows:
  88-19        Art. 23.08.  FEES <AND TAXES>.  <(a)>  The State Board of
  88-20  Insurance shall charge a fee determined by the Board in an amount
  88-21  not to exceed $400 for filing the annual statement of each
  88-22  corporation operating under this chapter; an application fee
  88-23  determined by the Board in an amount not to exceed $3,000 for each
  88-24  corporation applying under this chapter which includes the fee for
  88-25  the issuance of a certificate of authority; and a fee determined by
  88-26  the Board in an amount not to exceed $100 for the issuance of each
  88-27  additional certificate of authority and amendment of a certificate
   89-1  of authority to the corporation.  The Board shall, within the
   89-2  limits fixed by this article <subsection>, prescribe the fees to be
   89-3  charged under this article <subsection>.  The fees collected by the
   89-4  Board under this article <subsection> shall be deposited in the
   89-5  State Treasury to the credit of the Texas Department <State Board>
   89-6  of Insurance operating fund, and Article 1.31A of this code applies
   89-7  to fees collected under this article <subsection>.
   89-8        Art. 23.08A.  MAINTENANCE TAX.  (a) <(b)>  The State of Texas
   89-9  by and through the State Board of Insurance shall annually
  89-10  determine the rate of assessment of a maintenance tax to be paid
  89-11  <and collect as determined by the Board,> on an annual or
  89-12  semiannual basis.  The rate of assessment may<, a maintenance tax
  89-13  in an amount> not <to> exceed one percent of the correctly reported
  89-14  gross revenues received by all corporations issuing prepaid legal
  89-15  services contracts in this state.  The comptroller shall collect
  89-16  the maintenance tax.
  89-17        (b)  The tax required by this article is in addition to all
  89-18  other taxes now imposed or that may be subsequently imposed and
  89-19  that are not in conflict with this article.
  89-20        (c)  The State Board of Insurance, after taking into account
  89-21  the unexpended funds produced by this tax, if any, shall adjust the
  89-22  rate of assessment each year to produce the amount of funds that it
  89-23  estimates will be necessary to pay all the expenses of regulating
  89-24  nonprofit legal services corporations during the succeeding year.
  89-25  In making an estimate under this subsection, the board shall take
  89-26  into account the requirement that the general revenue fund be
  89-27  reimbursed under Article 4.19 of this code.
   90-1        (d)  The taxes collected shall be deposited in the State
   90-2  Treasury to the credit of the general revenue fund to be
   90-3  reallocated to the Texas Department <State Board> of Insurance
   90-4  operating fund and shall be spent as authorized by legislative
   90-5  appropriation <only> on warrants issued by the comptroller <of
   90-6  public accounts> pursuant to duly certified requisitions of the
   90-7  State Board of Insurance.  Amounts reallocated to the Texas
   90-8  Department of Insurance operating fund under this subsection may be
   90-9  transferred to the general revenue fund in accordance with Article
  90-10  4.19 of this code.
  90-11        (e)  Article 1.31A of this code applies to taxes collected
  90-12  under this article <section>.
  90-13        (f)  The comptroller <State Board of Insurance> may elect to
  90-14  collect on a semiannual basis the tax assessed under this article
  90-15  only from insurers whose tax liability under this article for the
  90-16  previous tax year was $2,000 or more.  The comptroller <State Board
  90-17  of Insurance> may prescribe and adopt reasonable rules to implement
  90-18  such payments as it deems advisable, not inconsistent with this
  90-19  article.
  90-20        (g)  Not later than the 45th day before the date on which a
  90-21  tax return for a period is due, the board shall advise the
  90-22  comptroller of the rate of assessment for that period.
  90-23        (h)  If the board has not advised the comptroller of the rate
  90-24  of assessment for a period as required by Subsection (g) of this
  90-25  article, the amount of taxes due under this article for that period
  90-26  for a taxpayer is an amount equal to 90 percent of the amount paid
  90-27  by that taxpayer for the previous tax period.  If the board advises
   91-1  the comptroller of the rate of assessment for a period after taxes
   91-2  are assessed under this subsection, the comptroller shall:
   91-3              (1)  advise each taxpayer in writing of the amount of
   91-4  any additional taxes due; or
   91-5              (2)  refund any excess taxes paid.
   91-6        SECTION 3.23.  Section 2.21, Texas Workers' Compensation Act
   91-7  (Article 8308-2.21, Vernon's Texas Civil Statutes), is amended to
   91-8  read as follows:
   91-9        Sec. 2.21.  Commission funding.  Unless otherwise provided,
  91-10  all proceeds, including administrative penalties and advance
  91-11  deposits for purchase of services, collected under this Act shall
  91-12  be deposited in the General Revenue Fund of the state treasury to
  91-13  the credit of the commission.  The funds may be spent as authorized
  91-14  by legislative appropriation on warrants issued by the comptroller
  91-15  <of public accounts> under requisitions made by the commission.
  91-16  Proceeds deposited in the General Revenue Fund under this section
  91-17  may be used to satisfy the requirements of Article 4.19, Insurance
  91-18  Code.
  91-19        SECTION 3.24.  Section 2.23(a), Texas Workers' Compensation
  91-20  Act (Article 8308-2.23, Vernon's Texas Civil Statutes), is amended
  91-21  to read as follows:
  91-22        (a)  The commission shall set and certify to the comptroller
  91-23  <State Board of Insurance> the rate of assessment no later than
  91-24  October 31 of each year, taking into account the following factors:
  91-25              (1)  expenditures projected as necessary for the
  91-26  commission to administer this Act during the fiscal year for which
  91-27  the rate of assessment is set and to reimburse the general revenue
   92-1  fund in accordance with Article 4.19, Insurance Code;
   92-2              (2)  projected employee benefits paid from general
   92-3  revenues;
   92-4              (3)  surpluses or deficits produced by this tax in the
   92-5  preceding year; and
   92-6              (4)  revenue recovered from other sources, including
   92-7  reappropriated receipts, grants, payments, fees, gifts, and
   92-8  penalties recovered under this Act.
   92-9        SECTION 3.25.  Section 11.09(c), Texas Workers' Compensation
  92-10  Act (Article 8308-11.09, Vernon's Texas Civil Statutes), is amended
  92-11  to read as follows:
  92-12        (c)  Amounts received under this section shall be deposited
  92-13  in the state treasury to the credit of a special fund to be used
  92-14  for the operation of the research center and to reimburse the
  92-15  general revenue fund in accordance with Article 4.19, Insurance
  92-16  Code.
  92-17        SECTION 3.26.  Section 101.003, Tax Code, is amended by
  92-18  amending Subdivisions (8) and (11) and adding Subdivision (12) to
  92-19  read as follows:
  92-20              (8)  "Taxpayer" means a person liable for a tax, fee,
  92-21  assessment, or other amount imposed by law administered by the
  92-22  comptroller <this title>.
  92-23              (11)  "Report" means a tax return, declaration,
  92-24  statement, or other document required to be filed with the
  92-25  comptroller <by a provision of this title>.
  92-26              (12)  "Obligation" means the duty of a person to pay a
  92-27  tax, fee, assessment, or other amount or to make, file, or keep a
   93-1  report, certificate, affidavit, or other document.
   93-2        SECTION 3.27.  Subchapter A, Chapter 111, Tax Code, is
   93-3  amended by adding Section 111.0022 to read as follows:
   93-4        Sec. 111.0022.  APPLICATION TO OTHER PROGRAMS.  This subtitle
   93-5  and Subtitle A apply to the administration of other programs or
   93-6  functions assigned to the comptroller by law.
   93-7        SECTION 3.28.  The following laws are repealed:
   93-8              (1)  Section 12(f), Article 1.14-1, Insurance Code;
   93-9              (2)  Sections 12 and 16, Article 4.10, Insurance Code;
  93-10              (3)  Sections 7 and 11, Article 4.11, Insurance Code;
  93-11              (4)  Articles 4.13, 4.14, 4.15, and 4.16, Insurance
  93-12  Code;
  93-13              (5)  Sections 6 and 10, Article 9.59, Insurance Code;
  93-14  and
  93-15              (6)  Section 33(b), Texas Health Maintenance
  93-16  Organization Act (Article 20A.33, Vernon's Texas Insurance Code).
  93-17        SECTION 3.29.  (a)  The State Board of Insurance, the
  93-18  Commissioner of Insurance, and the Texas Department of Insurance
  93-19  shall transfer and the comptroller shall assume the duties assigned
  93-20  to the comptroller under Article 1.04D, Insurance Code, as added by
  93-21  this Act, on September 1, 1993.  In assuming these duties, the
  93-22  comptroller shall assume responsibility for the collection,
  93-23  reporting, enforcement, and administration of any tax, assessment,
  93-24  or fee owing on or before September 1, 1993, and for the payment of
  93-25  any refund owing on or before September 1, 1993, without regard to
  93-26  whether the law on which the tax, assessment, fee, or refund was
  93-27  based has been repealed on or before that date.
   94-1        (b)  The comptroller may modify procedures that had been used
   94-2  by the State Board of Insurance or the Texas Department of
   94-3  Insurance in performing the functions that are transferred to the
   94-4  comptroller under this article to increase efficiency and cost
   94-5  effectiveness.
   94-6        (c)  During the period beginning on September 1, 1993, and
   94-7  ending on December 1, 1993, the Commissioner of Insurance shall
   94-8  provide Texas Department of Insurance personnel to the comptroller
   94-9  through interagency contract if necessary to ensure the performance
  94-10  of the functions transferred to the comptroller under this article
  94-11  and to facilitate the transfer.
  94-12        (d)  Rules of the Texas Department of Insurance that are in
  94-13  effect on September 1, 1993, and that relate to the functions
  94-14  transferred to the comptroller under this article remain in effect
  94-15  until repealed or amended by the comptroller.
  94-16        SECTION 3.30.  (a)  The comptroller and the commissioner of
  94-17  insurance, by rule, shall adopt a memorandum of understanding
  94-18  governing the collection of taxes by the comptroller under this
  94-19  article.  The memorandum may:
  94-20              (1)  require the comptroller and the Texas Department
  94-21  of Insurance to share financial information and reports of audits
  94-22  of any entity regulated by this code or another insurance law of
  94-23  this state obtained by the comptroller or the department;
  94-24              (2)  require the comptroller and the department to
  94-25  coordinate in the preparation of materials used to request or
  94-26  collect tax information or data and to develop a method for sharing
  94-27  that information as necessary;
   95-1              (3)  authorize the comptroller to collect a tax, fee,
   95-2  or assessment that may be collected by the board, commissioner, or
   95-3  department; and
   95-4              (4)  address any other relevant matter.
   95-5        (b)  Not later than September 1, 1993, the comptroller and
   95-6  the commissioner of insurance shall adopt the memorandum of
   95-7  understanding required by Subsection (a) of this section.  The
   95-8  initial memorandum of understanding may be adopted as if it were an
   95-9  emergency rule under Section 5(d), Administrative Procedure and
  95-10  Texas Register Act (Article 6252-13a, Vernon's Texas Civil
  95-11  Statutes), and must take effect September 1, 1993.  The initial
  95-12  memorandum of understanding must include provisions relating to the
  95-13  transfer of information and records in the possession of the Texas
  95-14  Department of Insurance to the comptroller and to the collection of
  95-15  taxes that are delinquent on the effective date of the memorandum
  95-16  of understanding and may address the transfer of department
  95-17  employees, and of computers, furniture, and other equipment.  Any
  95-18  transfers shall be completed as soon as possible but not later than
  95-19  January 1, 1994.
  95-20               ARTICLE 4.  TRANSFER OF CERTAIN FUNCTIONS
  95-21            RELATING TO FINANCING OF INSURANCE PREMIUMS TO
  95-22                OFFICE OF CONSUMER CREDIT COMMISSIONER
  95-23        SECTION 4.01.  Chapter 1, Insurance Code, is amended by
  95-24  adding Article 1.33D to read as follows:
  95-25        Art. 1.33D.  FINANCING OF INSURANCE PREMIUMS FUNCTIONS
  95-26  PERFORMED BY OFFICE OF CONSUMER CREDIT COMMISSIONER.  (a)  This
  95-27  article applies to any activity, function, or transaction relating
   96-1  to the financing of insurance premiums and subject to Article
   96-2  24.01, 24.02, 24.03, 24.04, 24.05, 24.06, 24.07, 24.08, 24.09,
   96-3  24.10, 24.11, 24.12, 24.13, 24.14, 24.15, 24.16, 24.17, 24.18,
   96-4  24.19, 24.20, 24.21, or 24.22 of this code, and any subsequent
   96-5  amendments.
   96-6        (b)  Notwithstanding any other provision of law, any act,
   96-7  duty, or function subject to this article shall be performed by the
   96-8  Office of Consumer Credit Commissioner.  The consumer credit
   96-9  commissioner shall perform all functions necessary to regulate the
  96-10  financing of insurance premiums and enforce such provisions.
  96-11        (c)  The commissioner of insurance and the consumer credit
  96-12  commissioner by rule shall adopt a memorandum of understanding
  96-13  governing the regulation of financing of insurance premiums by the
  96-14  consumer credit commissioner under this article.  The memorandum of
  96-15  understanding shall require the consumer credit commissioner and
  96-16  the Texas Department of Insurance to cooperate in the regulation of
  96-17  financing of insurance premiums and may:
  96-18              (1)  authorize the consumer credit commissioner to
  96-19  perform any procedural act that the commissioner of insurance or
  96-20  the State Board of Insurance is required or authorized to perform
  96-21  under this code in connection with the regulation of financing of
  96-22  insurance premiums;
  96-23              (2)  authorize the consumer credit commissioner to
  96-24  develop procedures and reports necessary to the effective
  96-25  regulation of financing of insurance premiums; or
  96-26              (3)  address any other relevant matter.
  96-27        (d)  The consumer credit commissioner may exercise any
   97-1  authority granted to the State Board of Insurance or the
   97-2  commissioner of insurance under Chapter 24 of this code.
   97-3        (e)  The consumer credit commissioner shall conduct any
   97-4  administrative hearing which may be required in connection with the
   97-5  regulation of financing of insurance premiums under this code or
   97-6  other insurance law of this state.
   97-7        SECTION 4.02.  (a)  Not later than January 1, 1994, the
   97-8  consumer credit commissioner and the commissioner of insurance
   97-9  shall adopt the memorandum of understanding required by Article
  97-10  1.33D, Insurance Code, as added by this Act.  The initial
  97-11  memorandum of understanding adopted under this subsection may be
  97-12  adopted as if it were an emergency rule under Section 5(d),
  97-13  Administrative Procedure and Texas Register Act (Article 6252-13a,
  97-14  Vernon's Texas Civil Statutes), and must take effect not later than
  97-15  January 1, 1994.  The initial memorandum of understanding must
  97-16  include provisions relating to the transfer of information and
  97-17  records concerning the financing of insurance premiums in the
  97-18  possession of the Texas Department of Insurance to the consumer
  97-19  credit commissioner, and may address the transfer of department
  97-20  employees.
  97-21        (b)  This article applies only to acts, actions, functions,
  97-22  and transactions occurring or performed in connection with the
  97-23  regulation of financing of insurance premiums on or after the
  97-24  earlier of January 1, 1994, or the adoption of the memorandum of
  97-25  understanding required by Article 1.33D, Insurance Code, as added
  97-26  by this Act, if that adoption occurs before January 1, 1994.
  97-27       ARTICLE 5.  TRANSFER OF CERTAIN RECORDS IN THE POSSESSION
   98-1                    OF THE DEPARTMENT OF INSURANCE
   98-2        SECTION 5.01.  Section 11(d), Article 21.28, Insurance Code,
   98-3  is amended to read as follows:
   98-4        (d)  Maintenance of Records.  The commissioner may transfer
   98-5  to the Records Management Division of the Texas State Library and
   98-6  Archives Commission for maintenance all records of a delinquent
   98-7  insurer that the receiver determines are not necessary for the
   98-8  administration of the estate of the delinquent insurer.  All
   98-9  records received by or in the possession of the receiver on a
  98-10  delinquent insurer are state records for purposes of Section
  98-11  441.031(5), Government Code.  The receiver may devise a method for
  98-12  the effective, efficient, and economical maintenance of the records
  98-13  of the delinquent insurer and of the liquidator's office including
  98-14  maintaining only those records necessary for administration of the
  98-15  estate by the receiver on any medium approved by the Records
  98-16  Management Division of the Texas State Library and Archives
  98-17  Commission.  A copy of an original record or any other record that
  98-18  is maintained on any medium approved by the Records Management
  98-19  Division of the Texas State Library and Archives Commission within
  98-20  the scope of this section that is produced by the receiver or his
  98-21  authorized representative under this Article shall have the same
  98-22  force and effect as the original record and may be used the same as
  98-23  the original record in any judicial or administrative proceeding in
  98-24  this state.
  98-25        If the need exists for the continued maintenance of any
  98-26  records of a delinquent insurer after the closing of the
  98-27  receivership proceedings, the commissioner <receiver> may transfer
   99-1  all of these records to the Texas State Library and Archives
   99-2  Commission for continued maintenance.  The receiver shall provide
   99-3  the Texas State Library and Archives Commission with a schedule for
   99-4  the maintenance of the records and shall reserve sufficient assets,
   99-5  including cash, to be transferred to the liquidator on closing of
   99-6  the receivership for the specific purpose of meeting the reasonable
   99-7  cost of maintaining those records.  The costs of maintenance of
   99-8  these records shall include the proportionate share of the charges
   99-9  attributed to or advanced by either the commissioner or the Texas
  99-10  State Library and Archives Commission from appropriated funds.
  99-11        SECTION 5.02.  Section 441.031(5), Government Code, is
  99-12  amended to read as follows:
  99-13              (5)  "State record" means a document, book, paper,
  99-14  photograph, sound recording, or other material, regardless of
  99-15  physical form or characteristic, made or received by a state
  99-16  department or institution according to law or in connection with
  99-17  the transaction of official state business or received by or in the
  99-18  possession of the receiver of a delinquent insurer under Article
  99-19  21.28, Insurance Code.  The term does not include library or museum
  99-20  material made or acquired and preserved solely for reference or
  99-21  exhibition purposes, an extra copy of a document preserved only for
  99-22  convenience of reference, or a stock of publications or of
  99-23  processed documents.
  99-24                 ARTICLE 6.  ADMINISTRATIVE PENALTIES
  99-25        SECTION 6.01.  Chapter 1, Insurance Code, is amended by
  99-26  adding Article 1.10E to read as follows:
  99-27        Art. 1.10E.  ADMINISTRATIVE PENALTIES
  100-1        Sec. 1.  DEFINITION.  In this article, "person" means an
  100-2  individual, corporation, trust, partnership, association, or any
  100-3  other legal entity.
  100-4        Sec. 2.  PENALTY AUTHORIZED.  The commissioner may impose an
  100-5  administrative penalty against a person licensed or regulated under
  100-6  this code or another insurance law of this state who violates this
  100-7  code, another insurance law of this state, or a rule or order
  100-8  adopted under this code or another insurance law of this state.
  100-9        Sec. 3.  AMOUNT OF PENALTY.  (a)  The penalty for a violation
 100-10  may be in an amount not to exceed $25,000, unless a greater or
 100-11  lesser penalty is specified by a provision of this code or another
 100-12  insurance law of this state.
 100-13        (b)  The amount of the penalty shall be based on:
 100-14              (1)  the seriousness of the violation, including the
 100-15  nature, circumstances, extent, and gravity of any prohibited acts,
 100-16  and the hazard or potential hazard created to the health, safety,
 100-17  or economic welfare of the public;
 100-18              (2)  the economic harm to the public's interests or
 100-19  confidences caused by the violation;
 100-20              (3)  the history of previous violations;
 100-21              (4)  the amount necessary to deter future violations;
 100-22              (5)  efforts to correct the violation;
 100-23              (6)  whether the violation was intentional or
 100-24  unintentional; and
 100-25              (7)  any other matter that justice may require.
 100-26        Sec. 4.  PROCEDURES FOR ASSESSING PENALTY; HEARING.  (a)  If
 100-27  the department determines that a violation has occurred, the
  101-1  department may issue to the commissioner a report that states the
  101-2  facts on which the determination is based and the department's
  101-3  recommendation on the imposition of a penalty, including a
  101-4  recommendation on the amount of the penalty.
  101-5        (b)  Within 14 days after the date the report is issued, the
  101-6  department shall give written notice of the report to the person.
  101-7  The notice may be given by certified mail.  The notice must include
  101-8  a brief summary of the alleged violation and a statement of the
  101-9  amount of the recommended penalty and must inform the person that
 101-10  the person has a right to a hearing on the occurrence of the
 101-11  violation, the amount of the penalty, or both the occurrence of the
 101-12  violation and the amount of the penalty.
 101-13        (c)  Within 20 days after the date the person receives the
 101-14  notice, the person in writing may accept the determination and
 101-15  recommended penalty of the department or may make a written request
 101-16  for a hearing on the occurrence of the violation, the amount of the
 101-17  penalty, or both the occurrence of the violation and the amount of
 101-18  the penalty.
 101-19        (d)  If the person accepts the determination and recommended
 101-20  penalty of the department, the commissioner by order shall approve
 101-21  the determination and impose the recommended penalty.
 101-22        (e)  If the person requests a hearing or fails to respond
 101-23  timely to the notice, the department shall set a hearing and give
 101-24  notice of the hearing to the person.  The hearing shall be held by
 101-25  an administrative law judge of the State Office of Administrative
 101-26  Hearings.  The administrative law judge shall make findings of fact
 101-27  and conclusions of law and promptly issue to the commissioner a
  102-1  proposal for a decision about the occurrence of the violation and
  102-2  the amount of a proposed penalty.  Based on the findings of fact,
  102-3  conclusions of law, and proposal for decision, the commissioner by
  102-4  order may find that a violation has occurred and impose a penalty
  102-5  or may find that no violation occurred.
  102-6        (f)  The notice of the commissioner's order given to the
  102-7  person under the Administrative Procedure and Texas Register Act
  102-8  (Article 6252-13a, Vernon's Texas Civil Statutes) and its
  102-9  subsequent amendments must include a statement of the right of the
 102-10  person to judicial review of the order.
 102-11        (g)  Within 30 days after the date the commissioner's order
 102-12  is final as provided by Section 16(c), Administrative Procedure and
 102-13  Texas Register Act (Article 6252-13a, Vernon's Texas Civil
 102-14  Statutes), and its subsequent amendments, the person shall:
 102-15              (1)  pay the amount of the penalty;
 102-16              (2)  pay the amount of the penalty and file a petition
 102-17  for judicial review contesting the occurrence of the violation, the
 102-18  amount of the penalty, or both; or
 102-19              (3)  without paying the amount of the penalty, file a
 102-20  petition for judicial review contesting the occurrence of the
 102-21  violation, the amount of the penalty, or both the occurrence of the
 102-22  violation and the amount of the penalty.
 102-23        (h)  Within the 30-day period, a person who acts under
 102-24  Subsection (g)(3) of this section may:
 102-25              (1)  stay enforcement of the penalty by:
 102-26                    (A)  paying the amount of the penalty to the
 102-27  court for placement in an escrow account; or
  103-1                    (B)  giving the court a supersedeas bond that is
  103-2  approved by the court for the amount of the penalty and that is
  103-3  effective until all judicial review of the board's order is final;
  103-4  or
  103-5              (2)  request the court to stay enforcement of the
  103-6  penalty by:
  103-7                    (A)  filing with the court a sworn affidavit of
  103-8  the person stating that the person is financially unable to pay the
  103-9  amount of the penalty and is financially unable to give the
 103-10  supersedeas bond; and
 103-11                    (B)  giving a copy of the affidavit to the
 103-12  commissioner by certified mail.
 103-13        (i)  If the commissioner receives a copy of an affidavit
 103-14  under Subsection (h)(2) of this section, the commissioner may file
 103-15  with the court, within five days after the date the copy is
 103-16  received, a contest to the affidavit.  The court shall hold a
 103-17  hearing on the facts alleged in the affidavit as soon as
 103-18  practicable and shall stay the enforcement of the penalty on
 103-19  finding that the alleged facts are true.  The person who files an
 103-20  affidavit has the burden of proving that the person is financially
 103-21  unable to pay the amount of the penalty and to give a supersedeas
 103-22  bond.
 103-23        (j)  If the person does not pay the amount of the penalty and
 103-24  the enforcement of the penalty is not stayed, the commissioner may
 103-25  refer the matter to the attorney general for collection of the
 103-26  amount of the penalty.
 103-27        Sec. 5.  JUDICIAL REVIEW.  (a)  Judicial review of the order
  104-1  of the board:
  104-2              (1)  is instituted by filing a petition as provided by
  104-3  Section 19, Administrative Procedure and Texas Register Act
  104-4  (Article 6252-13a, Vernon's Texas Civil Statutes); and
  104-5              (2)  is under the substantial evidence rule.
  104-6        (b)  If the court sustains the occurrence of the violation,
  104-7  the court may uphold or reduce the amount of the penalty and order
  104-8  the person to pay the full or reduced amount of the penalty.  If
  104-9  the court does not sustain the occurrence of the violation, the
 104-10  court shall order that no penalty is owed.
 104-11        (c)  When the judgment of the court becomes final, the court
 104-12  shall proceed under this subsection.  If the person paid the amount
 104-13  of the penalty and if that amount is reduced or is not upheld by
 104-14  the court, the court shall order that the appropriate amount plus
 104-15  accrued interest be remitted to the person.  The rate of the
 104-16  interest is the rate charged on loans to depository institutions by
 104-17  the New York Federal Reserve Bank, and the interest shall be paid
 104-18  for the period beginning on the date the penalty was paid and
 104-19  ending on the date the penalty is remitted.  If the person gave a
 104-20  supersedeas bond and if the amount of the penalty is not upheld by
 104-21  the court, the court shall order the release of the bond.  If the
 104-22  person gave a supersedeas bond and if the amount of the penalty is
 104-23  reduced, the court shall order the release of the bond after the
 104-24  person pays the amount.
 104-25        Sec. 6.  DEPOSIT TO GENERAL REVENUE FUND.  A penalty
 104-26  collected under this section shall be remitted to the comptroller
 104-27  for deposit in the general revenue fund.
  105-1        Sec. 7.  APPLICATION OF ADMINISTRATIVE PROCEDURE AND TEXAS
  105-2  REGISTER ACT.  All proceedings under this section are subject to
  105-3  the Administrative Procedure and Texas Register Act (Article
  105-4  6252-13a, Vernon's Texas Civil Statutes) and its subsequent
  105-5  amendments.
  105-6        Sec. 8.  APPLICATION TO OTHER LAWS.  This article applies to
  105-7  any monetary penalty imposed by the department, commissioner, or
  105-8  board under this code or another insurance law of this state.
  105-9        SECTION 6.02.  Section 17A, Article 1.14-2, Insurance Code,
 105-10  is amended to read as follows:
 105-11        Sec. 17A.  Administrative penalty.  <(a)>  If a surplus lines
 105-12  agent violates Section 8 of this article or a rule, regulation, or
 105-13  order adopted under that provision, the State Board of Insurance
 105-14  may assess an administrative <a> penalty against that agent as
 105-15  provided by Article 1.10E of this code <Section 7, Article 1.10, of
 105-16  this code.>
 105-17        <(b)  In determining the amount of the penalty, the State
 105-18  Board of Insurance shall consider:>
 105-19              <(1)  the nature, circumstances, extent, and gravity of
 105-20  the violation;>
 105-21              <(2)  any economic benefit gained through the
 105-22  violation;>
 105-23              <(3)  the amount necessary to deter future violations;
 105-24  and>
 105-25              <(4)  any other matters that justice may require>.
 105-26        SECTION 6.03.  Section 19, Managing General Agents' Licensing
 105-27  Act (Article 21.07-3, Vernon's Texas Insurance Code), is amended to
  106-1  read as follows:
  106-2        Sec. 19.  Violations of act.  Any person, firm, or
  106-3  corporation who violates any of the provisions of this Act or any
  106-4  rule, regulation, or order adopted under this Act shall be subject
  106-5  to sanctions under Section 7, Article 1.10, Insurance Code.  <In
  106-6  determining the amount of any penalty, the State Board of Insurance
  106-7  shall consider:>
  106-8              <(1)  the nature, circumstances, extent, and gravity of
  106-9  the violation;>
 106-10              <(2)  any economic benefit gained through the
 106-11  violation;>
 106-12              <(3)  the amount necessary to deter future violations;
 106-13  and>
 106-14              <(4)  any other matters that justice may require.>
 106-15        SECTION 6.04.  Article 21.11-1, Insurance Code, is amended by
 106-16  amending Section 6 and adding Section 7 to read as follows:
 106-17        Sec. 6.  If it is found, after notice and an opportunity to
 106-18  be heard as determined by the board, that an insurance company has
 106-19  violated this article, the insurance company shall be subject to an
 106-20  administrative <a civil> penalty under Article 1.10E of this code
 106-21  of not less than $1,000 nor more than $10,000<, and it shall be
 106-22  subject to a civil suit by the agent for damages suffered because
 106-23  of the premature termination of the contract by the company>.
 106-24        Sec. 7.  Any agent who has sustained actual damages as a
 106-25  result of a company's violation of this article may maintain an
 106-26  action against the company, without regard to whether or not there
 106-27  has been a finding by the board that there has been a violation of
  107-1  this article.
  107-2        SECTION 6.05.  Sections 7(c) and (d), Article 21.21,
  107-3  Insurance Code, are amended to read as follows:
  107-4        (c)  Any person who violates the terms of a cease and desist
  107-5  order under this section is subject to an administrative penalty
  107-6  under Article 1.10E of this code.  An administrative penalty
  107-7  assessed under this subsection may not exceed $1,000 for each
  107-8  violation and a total of $5,000 for all violations <shall be given
  107-9  notice to appear and show cause, at a hearing to be held in
 107-10  conformity with Section 6 of this Article, why he should not
 107-11  forfeit and pay to the state a civil penalty of not more than
 107-12  $1,000 per violation and not to exceed a total of $5,000>.  In
 107-13  determining whether or not a cease and desist order has been
 107-14  violated, the Board shall take into consideration the maintenance
 107-15  of procedures reasonably adapted to insure compliance with the
 107-16  order.
 107-17        (d)  An order of the Board awarding an administrative penalty
 107-18  <civil penalties> under Subsection (c) of this section applies only
 107-19  to violations of this order incurred prior to the awarding of the
 107-20  penalty order.
 107-21        SECTION 6.06.  Section 5(k), Article 21.49-1, Insurance Code,
 107-22  is amended to read as follows:
 107-23        (k)  Additional Violations.  Each director or officer of an
 107-24  insurance company subject to this article, or of an insurance
 107-25  holding company system subject to this article, who knowingly and
 107-26  wilfully violates, participates in, or assents to or who knowingly
 107-27  and wilfully permits any of the officers, agents, or employees of
  108-1  the insurer or holding company system to engage in transactions or
  108-2  make investments that have not been properly reported or submitted
  108-3  under this article or that knowingly and wilfully violate this
  108-4  article is subject to an administrative penalty under Article 1.10E
  108-5  of this code<, shall pay, in the person's individual capacity, a
  108-6  civil penalty> of not more than $10,000 for each violation<, after
  108-7  notice and an opportunity for hearing before the commissioner.  In
  108-8  determining the amount of the civil penalty, the commissioner shall
  108-9  consider the appropriateness of the penalty with respect to the
 108-10  gravity of the violation, the history of previous violations, and
 108-11  any other matters that justice requires>.
 108-12        SECTION 6.07.  Section 17(a), Article 21.49-3b, Insurance
 108-13  Code, is amended to read as follows:
 108-14        (a)  An association that violates this article or any rule or
 108-15  order adopted under this article is subject to sanctions under
 108-16  Section 7, Article 1.10 of this code.  <In determining the amount
 108-17  of any penalty, the board shall consider:>
 108-18              <(1)  the nature, circumstances, extent, and gravity of
 108-19  the violation;>
 108-20              <(2)  any economic benefit gained through the
 108-21  violation;>
 108-22              <(3)  the amount necessary to deter future violations;
 108-23  and>
 108-24              <(4)  any other matters that justice may require.>
 108-25        SECTION 6.08.  This article applies only to the assessment of
 108-26  an administrative penalty on or after September 1, 1993.
 108-27  Assessment of an administrative penalty before September 1, 1993,
  109-1  is governed by the law in effect immediately before the effective
  109-2  date of this Act, and that law is continued in effect for this
  109-3  purpose.
  109-4              ARTICLE 7.  RATE AND POLICY FORM REGULATION
  109-5        SECTION 7.01.  Chapter 5, Insurance Code, is amended by
  109-6  adding Subchapter N to read as follows:
  109-7         SUBCHAPTER N.  STREAMLINED PROCEDURES FOR RATEMAKING
  109-8        Art. 5.121.  STUDY AND IMPLEMENTATION.  The department shall
  109-9  study and the rate board may adopt and implement procedures for
 109-10  streamlining insurance rate proceedings under this chapter, this
 109-11  code, and other insurance laws of this state.  The procedures must
 109-12  ensure due process to all affected parties.
 109-13        SECTION 7.02.  Chapter 1, Insurance Code, is amended by
 109-14  adding Article 1.50 to read as follows:
 109-15        Art. 1.50.  SELECT COMMITTEE ON RATE AND POLICY FORM
 109-16  REGULATION
 109-17        Sec. 1.  DEFINITION.  In this article, "committee" means the
 109-18  select committee on rate and policy form regulation established
 109-19  under this article.
 109-20        Sec. 2.  COMPOSITION OF COMMITTEE.  (a)  The select committee
 109-21  on rate and policy form regulation is composed of:
 109-22              (1)  three members, appointed by the governor;
 109-23              (2)  three members of the senate, appointed by the
 109-24  lieutenant governor; and
 109-25              (3)  three members of the house of representatives,
 109-26  appointed by the speaker of the house of representatives.
 109-27        (b)  The governor shall designate a member of the committee
  110-1  to serve as presiding officer of the committee.
  110-2        Sec. 3.  PURPOSE; DUTIES; MEETINGS.  (a)  The committee shall
  110-3  study insurance rate and policy form regulation in this state.  The
  110-4  committee shall assess:
  110-5              (1)  the effects of changes made by the 72nd
  110-6  Legislature in insurance regulation to identify whether the purpose
  110-7  of the department should be further changed from insurance rate and
  110-8  policy form regulation and directed to:
  110-9                    (A)  regulation of the financial conditions of
 110-10  companies and market conduct; and
 110-11                    (B)  provision of consumer services;
 110-12              (2)  the degree of competition in the insurance
 110-13  industry in this state;
 110-14              (3)  the provisions for enforcement of
 110-15  insurance-related activities and the procedures for:
 110-16                    (A)  evaluating complaints;
 110-17                    (B)  investigating complaints, market conduct,
 110-18  and fraud;
 110-19                    (C)  conditions that require the intervention of,
 110-20  or transfer of, investigations to the attorney general's office;
 110-21  and
 110-22                    (D)  application of technology to streamline
 110-23  enforcement activities;
 110-24              (4)  the review of the technology advisory panel's
 110-25  recommendations regarding the application of technology within the
 110-26  department to streamline the internal procedures and business
 110-27  practices dictated by this code and department policy;
  111-1              (5)  the provisions for data collection and analysis
  111-2  related to rate setting and the use of the following alternative
  111-3  sources of rate information:
  111-4                    (A)  continued use of current services for rate
  111-5  assessment and analysis, with a coordinated effort and potential
  111-6  cost sharing of auditing those services with other states;
  111-7                    (B)  use of an independent third party service
  111-8  agent selected by the department; and
  111-9                    (C)  developing the capability to collect and
 111-10  analyze rate data within the department; and
 111-11              (6)  the role of statistical agents in providing the
 111-12  services described under Article 21.69 of this code.
 111-13        (b)  The committee shall meet monthly or as needed to carry
 111-14  out its duties under this section.
 111-15        Sec. 4.  REPORT.  (a)  Not later than December 1, 1994, the
 111-16  committee shall issue a report of its findings.  The committee
 111-17  shall file copies of the report with the Legislative Reference
 111-18  Library, the governor's office, the secretary of the senate, the
 111-19  chief clerk of the house of representatives, the department, and
 111-20  the office of public insurance counsel.  The department shall make
 111-21  copies of the report available to the public at cost.
 111-22        (b)  The report shall include recommended rule or statutory
 111-23  changes to implement the committee's recommendations.
 111-24        Sec. 5.  STAFF.  On request of the committee, the Texas
 111-25  Legislative Council, governor's office, senate, and house of
 111-26  representatives shall provide staff as necessary to carry out the
 111-27  duties of the committee.
  112-1        Sec. 6.  WITNESSES; PROCESS.  The committee may issue a
  112-2  subpoena or other process to a witness at any place in this state,
  112-3  compel the attendance of the witness, and compel the production of
  112-4  a book, record, document, or instrument that the committee
  112-5  requires.  If necessary to obtain compliance with a subpoena or
  112-6  other process, the committee may issue a writ of attachment.  A
  112-7  subpoena or other process issued by the committee may be addressed
  112-8  to and served by any peace officer of this state or a political
  112-9  subdivision of this state.  The presiding officer shall issue, in
 112-10  the name of the committee, a subpoena or other process as the
 112-11  committee directs.  If the presiding officer is absent, the
 112-12  assistant presiding officer or a designee of the presiding officer
 112-13  may issue a subpoena or other process in the same manner as the
 112-14  presiding officer.  A witness attending proceedings of the
 112-15  committee under process is entitled to the same mileage and per
 112-16  diem payments as a witness before a grand jury in this state.  The
 112-17  testimony given at any hearing conducted under this article shall
 112-18  be given under oath subject to the penalties of perjury.
 112-19        Sec. 7.  COOPERATION OF OTHER AGENCIES.  If necessary to the
 112-20  discharge of its duties, the committee may request the assistance
 112-21  of a state agency, department, or office.  The agency, department,
 112-22  or office shall provide the requested assistance.
 112-23        Sec. 8.  EXPENSES.  The operating expenses of the committee
 112-24  shall be paid from available funds of the Texas Department of
 112-25  Insurance operating fund.  A member of the committee appointed
 112-26  under Section 2(a)(4) of this article is entitled to reimbursement
 112-27  from those funds for expenses incurred in carrying out official
  113-1  duties as a member of the committee at the rate specified in the
  113-2  General Appropriations Act.  Other members of the committee are not
  113-3  entitled to reimbursement for their expenses.
  113-4        Sec. 9.  PROGRESS REPORT.  Not later than December 1, 1996,
  113-5  the department shall issue a report on the department's progress in
  113-6  implementing recommendations for rule changes made by the committee
  113-7  and in implementing any changes in law made by the 74th Legislature
  113-8  in response to the recommendations of the committee.
  113-9        Sec. 10.  COMMITTEE ABOLISHED; EXPIRATION OF ARTICLE.  (a)
 113-10  The committee is abolished effective on the date it issues its
 113-11  report under Section 4 of this article.
 113-12        (b)  This article expires January 1, 1997.
 113-13        SECTION 7.03.  Article 21.69, Insurance Code, is amended to
 113-14  read as follows:
 113-15        Art. 21.69.  Board may Contract for Premium and Loss Data.
 113-16  Except as provided in Article 5.58 of this code and except for a
 113-17  finding of malfeasance or misfeasance determined by a district
 113-18  court in Travis County, as of April 1, 1993, each organization to
 113-19  which an insurer elected to report loss experience or other data as
 113-20  required by the board or commissioner or that is acting as a
 113-21  statistical agent of the board or commissioner, for the lines of
 113-22  insurance regulated by Chapter 5 of this code, shall be allowed to
 113-23  collect data from any insurer and to report the data under the
 113-24  statistical plans and rules in use on April 1, 1993.  The board or
 113-25  commissioner may not appoint or contract with additional
 113-26  statistical agents or other organizations and may not adopt or
 113-27  promulgate new statistical plans until the legislature has had an
  114-1  opportunity to receive and act on the report of the select
  114-2  committee on rate and policy form regulation created under Article
  114-3  1.50 of this code but not sooner than the last day of the regular
  114-4  session of the 75th Legislature <the board may contract with any
  114-5  qualified entity to collect historical premium and loss data as
  114-6  defined by the board and pursuant to statistical plans promulgated
  114-7  or approved by the board>.
  114-8        SECTION 7.04.  Article 5.01(f), Insurance Code, is amended to
  114-9  read as follows:
 114-10        (f)  Notwithstanding Subsections (a) through (d) of this
 114-11  article, <on and after March 1, 1992,> rates for personal
 114-12  automobile <motor vehicle> insurance in this state are determined
 114-13  as provided by the flexible rating program adopted under Subchapter
 114-14  M of this chapter, and rates for commercial automobile insurance
 114-15  are determined as provided by Article 5.13-2 of this code.  The
 114-16  term "personal automobile insurance," as used in this chapter,
 114-17  means insurance primarily intended to provide coverage for the
 114-18  types of motor vehicles eligible to be insured under a personal
 114-19  auto policy according to the eligibility criteria in the Texas
 114-20  Automobile Rules and Rating Manual promulgated by the Board as of
 114-21  January 1, 1993.  The term "commercial automobile insurance," as
 114-22  used in this chapter, means any form of motor vehicle insurance
 114-23  that is not personal automobile insurance.  This subsection expires
 114-24  December 31, 1995.
 114-25        SECTION 7.05.  Article 5.03(g), Insurance Code, is amended to
 114-26  read as follows:
 114-27        (g)  Notwithstanding Sections (a) through (e) of this
  115-1  article, <on and after March 1, 1992,> rates for personal
  115-2  automobile insurance <motor vehicles> are determined as provided by
  115-3  Subchapter M of this chapter, and rates for commercial automobile
  115-4  insurance are determined as provided by Article 5.13-2 of this
  115-5  code.  This subsection expires December 31, 1995.
  115-6        SECTION 7.06.  Article 5.04(c), Insurance Code, is amended to
  115-7  read as follows:
  115-8        (c)  Notwithstanding Subsections (a) and (b) of this article,
  115-9  <on and after March 1, 1992,> rates for personal automobile
 115-10  insurance <motor vehicles> are determined as provided by Subchapter
 115-11  M of this chapter, and rates for commercial automobile insurance
 115-12  are determined as provided by Article 5.13-2 of this code.  This
 115-13  subsection expires December 31, 1995.
 115-14        SECTION 7.07.  Article 5.06(l), Insurance Code, is amended to
 115-15  read as follows:
 115-16        (l)  The commissioner <Board> shall adopt a policy form and
 115-17  endorsements for each type of motor vehicle insurance subject to
 115-18  this subchapter other than commercial automobile insurance
 115-19  regulated under Article 5.13-2 of this code.  The coverage provided
 115-20  by a policy form adopted under this subsection is the minimum
 115-21  coverage that may be provided under an insurance policy for that
 115-22  type of insurance in this State.  Each policy form must provide the
 115-23  coverages mandated under Articles 5.06-1 and 5.06-3 of this code,
 115-24  except that the coverages may be rejected by the named insured as
 115-25  provided by those articles.
 115-26        SECTION 7.08.  Subsection (b), Article 5.09, Insurance Code,
 115-27  as added by Section 2.12, Chapter 242, Acts of the 72nd
  116-1  Legislature, Regular Session, 1991, and amended by Section 8.07,
  116-2  Chapter 12, Acts of the 72nd Legislature, 2nd Called Session, 1991,
  116-3  is redesignated as Subsection (c) and amended to read as follows:
  116-4        (c) <(b)>  Notwithstanding Subsection (a) of this article,
  116-5  <on and after March 1, 1992,> rates for personal automobile
  116-6  insurance <motor vehicles> are determined as provided by Subchapter
  116-7  M of this chapter, and rates for commercial automobile insurance
  116-8  are determined as provided by Article 5.13-2 of this code.  This
  116-9  subsection expires December 31, 1995.
 116-10        SECTION 7.09.  Article 5.11(c), Insurance Code, is amended to
 116-11  read as follows:
 116-12        (c)  Notwithstanding Subsections (a) and (b) of this article,
 116-13  <on and after March 1, 1992,> rates for personal automobile
 116-14  insurance <motor vehicles> are determined as provided by Subchapter
 116-15  M of this chapter, and rates for commercial automobile insurance
 116-16  are determined as provided by Article 5.13-2 of this code.  This
 116-17  subsection expires December 31, 1995.
 116-18        SECTION 7.10.  Article 5.13-2, Insurance Code, is amended to
 116-19  read as follows:
 116-20        Art. 5.13-2.  Rates for General Liability and Commercial
 116-21  Property Insurance Coverage
 116-22        Sec. 1.  Purpose; expiration date.  (a)  This article governs
 116-23  the regulation of general liability, <lines and> commercial
 116-24  property, commercial automobile, and medical professional liability
 116-25  <lines> insurance rates and forms and all commercial casualty
 116-26  insurance.  It does not govern<, other than> fidelity, surety, or
 116-27  guaranty bonds or insurance agents' and brokers' errors and
  117-1  omissions insurance.  The purposes of this article are to:
  117-2              (1)  promote the public welfare by regulating insurance
  117-3  rates to prohibit excessive, inadequate, or unfairly discriminatory
  117-4  rates;
  117-5              (2)  promote availability of insurance;
  117-6              (3)  promote price competition among insurers to
  117-7  provide rates and premiums that are responsive to competitive
  117-8  market conditions;
  117-9              (4)  prohibit price-fixing agreements and other
 117-10  anticompetitive behavior by insurers;
 117-11              (5)  regulate the insurance forms used for lines of
 117-12  insurance subject to this article to ensure that they are not
 117-13  unjust, unfair, inequitable, misleading, or deceptive; and
 117-14              (6)  provide regulatory procedures for the maintenance
 117-15  of appropriate information reporting systems.
 117-16        (b)  This article expires December 31, 1995.
 117-17        Sec. 2.  <SCOPE.  This article applies to all lines of
 117-18  general liability or commercial property insurance written under
 117-19  policies or contracts of insurance issued by a licensed insurer,
 117-20  other than a fidelity, surety, or guaranty bond.>
 117-21        <Sec. 3.>  Definitions.  In this article:
 117-22              (1)  "Filer" means an insurer that files rates,
 117-23  prospective loss costs, or supplementary rating information under
 117-24  this article.
 117-25              (2)  "Insurer" means an insurer to which Article 5.13
 117-26  of this code applies, but does not include the Texas Catastrophe
 117-27  Property Insurance Association.  However, the provisions of
  118-1  Sections 4, 5, 6, and 7 of this article shall not apply to Lloyd's
  118-2  with respect to commercial property insurance.
  118-3              (3)  "Prospective loss costs" means that portion of a
  118-4  rate that does not include provisions for profit or expenses, other
  118-5  than loss adjustment expenses, that is based on historical
  118-6  aggregate losses and loss adjustment expenses projected by
  118-7  development to their ultimate value and through trending to a
  118-8  future point in time.
  118-9              (4)  "Rate" means the cost of insurance per exposure
 118-10  unit, whether expressed as a single number or as a prospective loss
 118-11  cost, with an adjustment to account for the treatment of expenses,
 118-12  profit, and individual insurer variation in loss experience, before
 118-13  any application of individual risk variations based on loss or
 118-14  expense considerations.  The term does not include a minimum
 118-15  premium.
 118-16              (5)  "Supplementary rating information" means any
 118-17  manual, rating schedule, plan of rules, rating rules,
 118-18  classification systems, territory codes and descriptions, rating
 118-19  plans, and other similar information used by the insurer <required
 118-20  by the board> to determine the applicable premium for an insured.
 118-21  The term includes factors and relativities, such as increased
 118-22  limits factors, classification relativities, deductible
 118-23  relativities, or other similar factors.
 118-24              (6)  "Supporting information" means:
 118-25                    (A)  the experience and judgment of the filer and
 118-26  the experience or information of other insurers or advisory
 118-27  organizations relied on by the filer;
  119-1                    (B)  the interpretation of any other information
  119-2  relied on by the filer;
  119-3                    (C)  descriptions of methods used in making the
  119-4  rates; and
  119-5                    (D)  any other information required by the
  119-6  commissioner <board> to be filed.
  119-7        Sec. 3 <4>.  Rate standards.  (a)  Rates under this article
  119-8  shall be made in accordance with the provisions of this section.
  119-9        (b)  In setting rates, an insurer shall consider:
 119-10              (1)  past and prospective loss experience inside and
 119-11  outside this state;
 119-12              (2)  any applicable catastrophe hazards;
 119-13              (3)  operation expenses;
 119-14              (4)  investment income;
 119-15              (5)  a reasonable margin for profit and contingencies;
 119-16  and
 119-17              (6)  any other relevant factors inside and outside this
 119-18  state.
 119-19        (c)  The insurer may group risks by classifications for the
 119-20  establishment of rates and minimum premiums and may modify
 119-21  classification rates to produce rates for individual risks in
 119-22  accordance with rating plans that establish standards for measuring
 119-23  variations in those risks on the basis of any factor listed in
 119-24  Subsection (b) of this section.
 119-25        (d)  Rates may not be excessive, inadequate, or unfairly
 119-26  discriminatory and may not be unreasonable.
 119-27        (e)  In setting rates applicable solely to policyholders in
  120-1  this state, an insurer shall use available premium, loss, claim,
  120-2  and exposure information from this state to the full extent of the
  120-3  actuarial credibility of that information.   The insurer may use
  120-4  experience from outside this state as necessary to supplement
  120-5  information from this state that is not actuarially credible.
  120-6        Sec. 4 <5>.  Rate filings; legislative report.  (a)  Each
  120-7  insurer shall file with the department <board> all rates,
  120-8  supplementary rating information, and reasonable and pertinent
  120-9  supporting information for risks written in this state.
 120-10        (b)  If the commissioner <board> determines after a hearing
 120-11  that an insurer's rates require supervision because of the
 120-12  insurer's financial condition or the insurer's rating practices,
 120-13  the commissioner <board> may require the insurer to file with the
 120-14  commissioner <board> all rates, supplementary rate information, and
 120-15  any supporting information prescribed by the commissioner <board>.
 120-16        (c)  An insured that is aggrieved with respect to any filing
 120-17  in effect, or the public insurance counsel, may make a written
 120-18  application to the commissioner <board> for a hearing on the
 120-19  filing.  The application must specify the grounds on which the
 120-20  applicant bases the grievance.  If the commissioner <board> finds
 120-21  that the application is made in good faith, that the applicant
 120-22  would be so aggrieved if the grounds in the application are
 120-23  established, and that those grounds otherwise justify holding the
 120-24  hearing, the commissioner <board> shall hold a hearing not later
 120-25  than the 30th day after the date of receipt of the application.
 120-26  The commissioner <board> must give at least 10 days' written notice
 120-27  to the applicant and to each insurer that made the filing in
  121-1  question.
  121-2        (d)  If, after the hearing, the commissioner <board> finds
  121-3  that the filing does not meet the requirements of this article, the
  121-4  commissioner <board> shall issue an order specifying how the filing
  121-5  fails to meet the requirements of this article and stating the date
  121-6  on which, within a reasonable period after the order date, the
  121-7  filing is no longer in effect.  The commissioner <board> shall send
  121-8  copies of the order to the applicant and to each affected insurer.
  121-9        (e)  The commissioner <board> shall require each insurer
 121-10  subject to this article to file information with the board on a
 121-11  quarterly basis.  Each insurer shall provide the commissioner
 121-12  <board> with information relating to changes in losses, premiums,
 121-13  and market share since January 1, 1993.  The commissioner <board>
 121-14  shall report to the governor, lieutenant governor, and speaker of
 121-15  the house of representatives on a quarterly basis, relating to the
 121-16  information provided by the insurers' reports and to market
 121-17  conduct, especially consumer complaints.
 121-18        Sec. 5 <6>.  Public information.  Each filing and any
 121-19  supporting information filed under this article is open to public
 121-20  inspection as of the date of the filing.
 121-21        Sec. 6 <7>.  Disapproval.  (a)  The commissioner <board>
 121-22  shall disapprove a rate if the commissioner <board> determines that
 121-23  the rate filing made under this article does not meet the standards
 121-24  established under that section.
 121-25        (b)  If the commissioner <board> disapproves a filing, the
 121-26  commissioner <board> shall issue an order specifying in what
 121-27  respects the filing fails to meet the requirements of this article.
  122-1  The filer is entitled to a hearing on written request made to the
  122-2  board not later than the 30th day after the effective date of the
  122-3  disapproval order.
  122-4        (c)  If the commissioner <board> disapproves a rate that is
  122-5  in effect, the commissioner <board> may issue a disapproval order
  122-6  only after a hearing held after at least 20 days' written notice to
  122-7  the insurer that made the filing.  The disapproval order must be
  122-8  issued not later than the 15th day after the close of the hearing
  122-9  and must specify how the rate fails to meet the requirements of
 122-10  this article.  The disapproval order must state the date on which
 122-11  the further use of that rate is prohibited.  The commissioner
 122-12  <board> shall set the date not earlier than the 45th day after the
 122-13  date on which the hearing closes.
 122-14        Sec. 7 <8>.  Forms.  (a)  An insurance policy or printed
 122-15  endorsement form for use in writing the types of insurance subject
 122-16  to this article may not be delivered or issued for delivery in this
 122-17  state unless the form has been filed with and approved by the
 122-18  department <board>.
 122-19        (b)  Each filing shall be made not later than the 60th day
 122-20  before the date of any use or delivery for use.  At the expiration
 122-21  of the 60-day period a filed form is approved unless, before the
 122-22  expiration of the 60 days, the commissioner <board> approves or
 122-23  disapproves the form by order.  Approval of a form by the
 122-24  commissioner <board> constitutes a waiver of any unexpired portion
 122-25  of the 60-day period.  The commissioner <board> may extend by not
 122-26  more than an additional 10 <60> days the period during which it may
 122-27  approve or disapprove a form by giving notice to the filer of the
  123-1  extension before the expiration of the initial period.  At the
  123-2  expiration of any extension and in the absence of any earlier
  123-3  approval or disapproval, the form shall be considered approved.
  123-4  For good cause shown, the commissioner <board> may withdraw the
  123-5  commissioner's <its> approval at any time after notice and a
  123-6  hearing.
  123-7        (c)  A commissioner's  <An> order <of the board> disapproving
  123-8  any form or any notice of the commissioner's <board's> intention to
  123-9  withdraw a previous approval must state the grounds for the
 123-10  disapproval in enough detail to reasonably inform the filer of the
 123-11  grounds.   An order of withdrawal of a previously approved form
 123-12  takes effect on the expiration of the prescribed period, but not
 123-13  sooner than the 30th day after the effective date of the withdrawal
 123-14  order, as prescribed by the commissioner <board>.
 123-15        (d)  An insurer may not use in this state any form after
 123-16  disapproval of the form or withdrawal of approval by the
 123-17  commissioner <board>.
 123-18        (e)  The commissioner <board> may promulgate standard
 123-19  insurance policy forms, endorsements, and other related forms that
 123-20  may be used, at the discretion of the insurer, by an insurer
 123-21  instead of the insurer's own forms in writing insurance subject to
 123-22  this article.  Forms submitted by insurers for approval under this
 123-23  section must provide coverage equivalent to that provided in the
 123-24  policy forms used for these lines of coverage on the effective date
 123-25  of this article.  An endorsement may not reduce coverage provided
 123-26  under the approved policy form.
 123-27        (f)  Policy forms for use with large risks are exempt from
  124-1  the requirements of Subsections (a) and (b) of this section.  For
  124-2  purposes of this subsection, "large risk" means:
  124-3              (1)  an insured that has total insured property values
  124-4  of $10 million or more;
  124-5              (2)  an insured that has total annual gross revenues of
  124-6  $20 million or more; or
  124-7              (3)  an insured that has a total premium of $50,000 or
  124-8  more for property insurance, $50,000 or more for general liability
  124-9  insurance, or $100,000 or more for multiperil insurance.
 124-10        <Sec. 9.  BOARD AUTHORITY.  If the board determines at any
 124-11  time that the implementation of this article or any part thereof is
 124-12  contrary to the public interest and has resulted in or may result
 124-13  in imminent peril to the insurance consumers of this state, the
 124-14  board may issue an order stating the harm to the public and shall
 124-15  thereafter rely upon Subchapters A-L of this chapter, or parts
 124-16  thereof, in the regulation of property and casualty insurance.>
 124-17        Sec. 8 <10>.  APPLICABILITY OF OTHER LAW <ADMINISTRATIVE
 124-18  PROCEDURE AND TEXAS REGISTER ACT APPLICABLE>.  The provisions of
 124-19  Article 5.97 of this code <the Administrative Procedure and Texas
 124-20  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes),>
 124-21  apply to all <rate> hearings conducted under this article.
 124-22        SECTION 7.11.  Article 5.15(h), Insurance Code, is amended to
 124-23  read as follows:
 124-24        (h)  Notwithstanding Subsections (a)-(g) of this article, <on
 124-25  and after October 1, 1991,> rates for general liability, <and>
 124-26  commercial property, and all commercial casualty insurance coverage
 124-27  under this article, other than errors and omissions coverage, are
  125-1  determined, and hearings related to those rates are conducted, as
  125-2  provided by Article 5.13-2 of this code.  This subsection expires
  125-3  December 31, 1995.
  125-4        SECTION 7.12.  Section 4(a), Article 5.15-1, Insurance Code,
  125-5  is amended to read as follows:
  125-6        (a)  The provisions of Article 5.13-2 of this code <5.15,
  125-7  Insurance Code,> shall apply to the filing of rates and rating
  125-8  information required under this article.
  125-9        SECTION 7.13.  Subchapter C, Chapter 5, Insurance Code, is
 125-10  amended by adding Article 5.35-2 to read as follows:
 125-11        Art. 5.35-2.  LIABILITY COVERAGE FOR FAMILY MEMBER.  (a)  In
 125-12  this article "family member" means a resident of the insured's
 125-13  household who is:
 125-14              (1)  related to the insured; or
 125-15              (2)  under 21 years of age and in the care of:
 125-16                    (A)  the insured; or
 125-17                    (B)  a person who is:
 125-18                          (i)  a resident of the insured's household;
 125-19  and
 125-20                          (ii)  related to the insured.
 125-21        (b)  The commissioner, by rule, shall require that a policy
 125-22  form adopted under Article 5.35 of this code for homeowner's or
 125-23  farm and ranch owner's insurance exclude coverage for the liability
 125-24  of a person insured under the policy for bodily injury to or death
 125-25  of the insured or a family member of the insured.
 125-26        SECTION 7.14.  Subchapter C, Chapter 5, Insurance Code, is
 125-27  amended by adding Article 5.35-3 to read as follows:
  126-1        Art. 5.35-3.  COVERAGE FOR REAL PROPERTY FOUNDATIONS.  The
  126-2  Board shall adopt an endorsement form and prescribe a rate
  126-3  differential for use at an insurer's option on a homeowner's policy
  126-4  or fire policy adopted under Article 5.35 of this code that
  126-5  excludes coverage for damage to foundations or slabs of covered
  126-6  buildings except for loss caused by fire, lightning, smoke,
  126-7  windstorm, hurricane, hail, explosion, aircraft, vehicles,
  126-8  malicious mischief, riot, civil commotion, and falling objects.
  126-9        SECTION 7.15.  Section 1(a), Article 5.101, Insurance Code,
 126-10  is amended to read as follows:
 126-11        (a)  The pilot program on flexible rating is created to help
 126-12  stabilize the rates charged for insurance in all lines of property
 126-13  and casualty insurance covered by Subchapters A through L of this
 126-14  chapter, except ocean marine insurance, inland marine insurance,
 126-15  fidelity, surety and guaranty bond insurance, errors and omissions
 126-16  insurance, directors' and officers' liability insurance, general
 126-17  liability insurance, commercial property insurance, commercial
 126-18  automobile insurance, commercial casualty insurance, workers'
 126-19  compensation insurance, professional liability insurance for
 126-20  physicians and health care providers as defined in Article 5.15-1
 126-21  of this code, and attorney's professional liability insurance.
 126-22        SECTION 7.16.  Section 3(c), Article 5.101, Insurance Code,
 126-23  is amended to read as follows:
 126-24        (c)  Each initial flexibility band is based on a benchmark
 126-25  rate promulgated by the board.  On or before January 1, 1992, and
 126-26  annually thereafter, the board shall conduct hearings to determine
 126-27  the benchmark rates and flexibility bands by line.  The
  127-1  determination of the rate shall not include disallowed expenses
  127-2  under Subsection (h) of this section.  An insurer, the public
  127-3  insurance counsel, and any other interested person may present
  127-4  testimony at the hearing and may file information for consideration
  127-5  by the board.  An advisory organization which collects ratemaking
  127-6  data shall not be a party to the hearing.  A trade association that
  127-7  does not collect historical data and that does not provide
  127-8  statistical plans, prospective loss costs, or supplementary rating
  127-9  information to its members may, on behalf of its members that are
 127-10  small or medium-sized insurers, as defined by the commissioner,
 127-11  present ratemaking data and make recommendations to the board at
 127-12  the hearing.  An insurer shall use that benchmark rate and the
 127-13  flexibility band to develop rates used for the line for the year
 127-14  following the setting of the benchmark rate and the flexibility
 127-15  band.
 127-16        SECTION 7.17.  Article 1.09-5(c), Insurance Code, is amended
 127-17  to read as follows:
 127-18        (c)  An employee of the department may appear before the
 127-19  board or its designated hearings officer only as follows:
 127-20              (1)  a member of the department's legal staff may
 127-21  assist the board or its designated hearings officer in the
 127-22  prehearing process and in aligning parties to board proceedings;
 127-23              (2)  one or more employees of the department may appear
 127-24  as a party, present evidence, and question witnesses in a
 127-25  proceeding in which the public counsel under Section 5(b)(1),
 127-26  Article 1.35A<(h)(1)> of this code is not authorized by law to
 127-27  appear;
  128-1              (3)  an employee responsible for collecting and
  128-2  compiling rate data may appear and present evidence relating to the
  128-3  validity of the compiled data and a licensed attorney employed as
  128-4  part of the legal staff of the department may assist such employee
  128-5  in making the presentation;
  128-6              (4)  one or more employees of the department may
  128-7  present evidence in any rate filing case under Article 5.13-2,
  128-8  5.15, 5.55, or 5.81 of this code;
  128-9              (5) <(4)>  the general counsel or an assistant general
 128-10  counsel may assist the board in any proceeding in which insurance
 128-11  rates are set; and
 128-12              (6) <(5)>  the general counsel or an assistant general
 128-13  counsel may be designated by the board and may serve as a hearings
 128-14  officer in any proceeding in which insurance rates are set or any
 128-15  prehearing proceeding provided that any final decision relating to
 128-16  rates to be set must be set by the board.
 128-17        SECTION 7.18.  Section 5, Article 5.73, Insurance Code, is
 128-18  amended to read as follows:
 128-19        Sec. 5.  The State Auditor shall evaluate the capability of
 128-20  the Texas Department of Insurance to provide the products and
 128-21  services authorized for advisory organizations under Section 1 of
 128-22  this article.  The State Auditor shall engage the services of a
 128-23  qualified actuarial consulting firm to assist in this evaluation.
 128-24  Such evaluation shall be completed by December 31, 1994, and shall
 128-25  be sent to the governor, lieutenant governor, and speaker of the
 128-26  house.  The legislature shall review the results of this report to
 128-27  determine whether the insurance department shall provide such
  129-1  products and services or whether advisory organizations shall
  129-2  continue to provide the products and services authorized under
  129-3  Section 1 <The authority granted under this article expires
  129-4  September 1, 1993>.
  129-5        SECTION 7.19.  Article 3.42, Insurance Code, is amended by
  129-6  adding Section (k) to read as follows:
  129-7        (k)  The department shall develop and implement rules to
  129-8  improve procedures for approval of policy forms under this article.
  129-9        SECTION 7.20.  Section 4A, Article 5.15-1, Insurance Code, is
 129-10  repealed.
 129-11        SECTION 7.21.  Rates, supplementary rating information, and
 129-12  forms that are, in accordance with the change in law made by this
 129-13  article, subject to Article 5.13-2, Insurance Code, as amended by
 129-14  this article and that are validly in use on the effective date of
 129-15  this Act remain valid until revised by the insurer pursuant to
 129-16  Article 5.13-2, Insurance Code, as amended by this article.
 129-17        SECTION 7.22.  Articles 5.35-2 and 5.35-3, Insurance Code, as
 129-18  added by this article, apply only to an insurance policy that is
 129-19  delivered, issued for delivery, or renewed on or after January 1,
 129-20  1994.  An insurance policy that is delivered, issued for delivery,
 129-21  or renewed before January 1, 1994, is governed by the law as it
 129-22  existed immediately before the effective date of this Act, and that
 129-23  law is continued in effect for that purpose.
 129-24        ARTICLE 8.  FINANCIAL SUPERVISION OF ENTITIES REGULATED
 129-25                   BY TEXAS DEPARTMENT OF INSURANCE
 129-26        SECTION 8.01.   Article 1.32, Insurance Code, is amended by
 129-27  adding Section 2B to read as follows:
  130-1        Sec. 2B.  REQUIRED DEPOSIT.  In addition to actions that the
  130-2  commissioner may take under Section 2 of this article with respect
  130-3  to an insurer determined to be in hazardous financial condition,
  130-4  the commissioner may require the insurer to deposit and maintain on
  130-5  deposit with the state treasury an amount determined by the
  130-6  commissioner in cash, or bonds or securities of the United States
  130-7  or this state to protect policyholders from potential future
  130-8  financial impairment.  In making a determination under this
  130-9  section, factors considered by the commissioner shall include but
 130-10  not be limited to the factors provided by Section 2 of this article
 130-11  that focus on the operation of an insurer.
 130-12        SECTION 8.02.  Section 2A(b), Article 3.28, Insurance Code,
 130-13  is amended to read as follows:
 130-14        (b)  Actuarial Analysis of Reserves and Assets Supporting
 130-15  Such Reserves.  Every life insurance company, except as exempted by
 130-16  or pursuant to rule adopted by the Board, shall also annually
 130-17  include in the opinion required by Subsection (a)(1) of this
 130-18  section, an opinion of the same person who certifies to the opinion
 130-19  under Subsection (a)(1) of this section as to whether the reserves
 130-20  and related actuarial items held in support of the policies and
 130-21  contracts specified by Board rule, when considered in light of the
 130-22  assets held by the company with respect to the reserves and related
 130-23  actuarial items, including but not limited to the investment
 130-24  earnings on the assets and the considerations anticipated to be
 130-25  received and retained under the policies and contracts, make
 130-26  adequate provision for the company's obligations under the policies
 130-27  and contracts, including but not limited to the benefits under and
  131-1  expenses associated with the policies and contracts.  The rules
  131-2  adopted by the Board under this section may <shall> exempt those
  131-3  companies that would be exempted from the requirements stated in
  131-4  this subsection (b) according to the most recently adopted
  131-5  regulation by the National Association of Insurance Commissioners
  131-6  entitled "Model Actuarial Opinion and Memorandum Regulation"  or
  131-7  its successor regulation if the Board considers the exemption
  131-8  appropriate.
  131-9        SECTION 8.03.  Article 1.15, Insurance Code, is amended by
 131-10  adding Sections 8, 9, and 10 to read as follows:
 131-11        Sec. 8.  (a)  In conducting an examination under this
 131-12  article, the department shall use audits and work papers prepared
 131-13  by an accountant or accounting firm that meets the requirements of
 131-14  Section 12, Article 1.15A, of this code  that are made available to
 131-15  the department by the carrier.  If necessary, the department may
 131-16  conduct a separate audit of the carrier.
 131-17        (b)  The carrier shall provide the department with the work
 131-18  papers of an accountant or accounting firm or the carrier and a
 131-19  record of any communications between the accountant or accounting
 131-20  firm and the carrier that relate to the audit.  The accountant or
 131-21  accounting firm shall deliver that information to the department's
 131-22  examiners, who shall retain the information during the course of
 131-23  the department's examination of the carrier.  Information obtained
 131-24  under this section is confidential and may not be disclosed to the
 131-25  public except when introduced as evidence in a hearing.
 131-26        (c)  For purposes of this section, "work papers" has the
 131-27  meaning assigned by Section 17(a), Article 1.15A, of this code.
  132-1  Work papers developed in an audit conducted under this section
  132-2  shall be maintained in the manner provided by Sections 17(b) and
  132-3  (c), Article 1.15A, of this code.
  132-4        Sec. 9.  A final or preliminary examination report, and any
  132-5  information obtained during the course of an examination, is
  132-6  confidential and is not subject to disclosure under the open
  132-7  records law, Chapter 424, Acts of the 63rd Legislature, Regular
  132-8  Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),
  132-9  and its subsequent amendments.  This section applies if the carrier
 132-10  examined is under supervision or conservation but does not apply to
 132-11  an examination conducted in connection with a liquidation or a
 132-12  disciplinary action under this code or another insurance law of
 132-13  this state.
 132-14        Sec. 10.  If the Commissioner determines that the financial
 132-15  strength of a carrier justifies less-frequent examinations than are
 132-16  required by Section 1 of this article, the Commissioner may conduct
 132-17  the examination of a carrier at intervals not to exceed five years.
 132-18  The Commissioner shall adopt rules governing the determination of
 132-19  whether the financial strength of a carrier justifies examination
 132-20  under this section.  This section applies only to examination of a
 132-21  carrier that has been incorporated or organized for more than three
 132-22  years.
 132-23        SECTION 8.04.  Section 10, Article 1.15A, Insurance Code, is
 132-24  amended by adding Subsection (f) to read as follows:
 132-25        (f)  The audited financial report must also include
 132-26  information required by the department to conduct the examination
 132-27  of the  insurer under Article 1.15 of this code.  The commissioner
  133-1  shall adopt rules governing the information to be included in the
  133-2  report under this subsection.
  133-3        SECTION 8.05.  Chapter 1, Insurance Code, is amended by
  133-4  adding Article 1.15B to read as follows:
  133-5        Art. 1.15B.  CONFIDENTIALITY OF EARLY WARNING SYSTEM
  133-6  INFORMATION.  (a)  The department's early warning system and any
  133-7  information obtained by the department's early warning system is
  133-8  confidential and is not subject to disclosure under the open
  133-9  records law, Chapter 424, Acts of the 63rd Legislature, Regular
 133-10  Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),
 133-11  and its subsequent amendments.
 133-12        (b)  Notwithstanding Subsection (a) of this article,
 133-13  information maintained by the department in another area of the
 133-14  department outside the department's early warning system that is
 133-15  also maintained or used by the early warning system is subject to
 133-16  disclosure by the other area of the department, unless a specific
 133-17  exemption from the open records law, Chapter 424, Acts of the 63rd
 133-18  Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
 133-19  Texas Civil Statutes), and its subsequent amendments is applicable.
 133-20        (c)  The department's early warning system and information
 133-21  obtained by the department's early warning system are not subject
 133-22  to a subpoena, except a valid grand jury subpoena, and may be
 133-23  released to the public only after reasonable notice to the affected
 133-24  insurer and the department, and a determination by a district court
 133-25  that the public interest and the functioning of the early warning
 133-26  system will not be jeopardized by obeying the subpoena.
 133-27        (d)  It is the express intention of the legislature that the
  134-1  early warning system itself be protected from disclosure to the
  134-2  public because of the great public need for preservation of a
  134-3  system of early detection of financially troubled insurers.
  134-4        SECTION 8.06.  Sections 8(b) and (c), Article 1.14-2,
  134-5  Insurance Code, are amended to read as follows:
  134-6        (b)  No surplus lines agent shall place any coverage with an
  134-7  unauthorized insurer unless the insurer has met the eligibility
  134-8  requirements of this section and the stamping office provides
  134-9  evidence that the insurer has met the requirements to the State
 134-10  Board of Insurance.  An unauthorized insurer shall not be eligible
 134-11  unless the insurer has a minimum capital and surplus of $15 million
 134-12  <that are not less than the following amounts for the following
 134-13  dates:>
 134-14              <(1)  $4.5 million capital and surplus as of December
 134-15  31, 1991; or>
 134-16              <(2)  $6 million capital and surplus as of December 31,
 134-17  1992>.
 134-18        (c)  An unauthorized insurer may be exempt from the minimum
 134-19  capital and surplus requirements provided by Subsection (b) of this
 134-20  section if the Commissioner of Insurance finds, after public
 134-21  hearing, that the exemption is warranted based on factors such as
 134-22  quality of management, capital and surplus of any parent company,
 134-23  company underwriting profit and investment income trends,
 134-24  reinsurance contracts, company record and reputation within the
 134-25  industry, and other information the commissioner requires to make a
 134-26  determination.  The commissioner, by rule, shall exempt an
 134-27  unauthorized insurer from the minimum capital and surplus
  135-1  requirements of Subsection (b) of this section if the insurer
  135-2  writes less than a minimum level of insurance premium in this
  135-3  state.  The rules must specify the minimum level of insurance
  135-4  premium.
  135-5        SECTION 8.07.  Article 1.16(b), Insurance Code, is amended to
  135-6  read as follows:
  135-7        (b)  Assessments for the expenses of such domestic
  135-8  examination which shall be sufficient to meet all the expenses and
  135-9  disbursements necessary to comply with the provisions of the laws
 135-10  of Texas relating to the examination of insurance companies and to
 135-11  comply with the provisions of this Article and Articles 1.17 and
 135-12  1.18 of this Code, shall be made by the State Board of Insurance
 135-13  upon the corporations or associations to be examined taking into
 135-14  consideration annual premium receipts, and/or admitted assets that
 135-15  are not attributable to 90 percent of pension plan contracts as
 135-16  defined in Section 818(a) of the Internal Revenue Code of 1986 (26
 135-17  U.S.C. Section 818(a)), and/or insurance in force; provided such
 135-18  assessments shall be made and collected as follows:  (1) expenses
 135-19  attributable directly to a specific examination including
 135-20  employees' salaries and expenses and expenses provided by Article
 135-21  1.28 of this Code shall be collected at the time of examination;
 135-22  (2) assessments calculated annually for each corporation or
 135-23  association which take into consideration annual premium receipts,
 135-24  and/or admitted assets that are not attributable to 90 percent of
 135-25  pension plan contracts as defined in Section 818(a) of the Internal
 135-26  Revenue Code of 1986 (26 U.S.C. Section 818(a)), and/or insurance
 135-27  in force shall be assessed annually for each such corporation or
  136-1  association.  In computing the assessments, the board may not
  136-2  consider insurance premiums for insurance contracted for by a state
  136-3  or federal governmental entity to provide welfare benefits to
  136-4  designated welfare recipients or contracted for in accordance with
  136-5  or in furtherance of Title 2, Human Resources Code, or the federal
  136-6  Social Security Act (42 U.S.C. Section 301 et seq.).  The <Provided
  136-7  further that the> amount of the <all such> assessments paid in each
  136-8  taxable year to or for the use of the State of Texas by any
  136-9  insurance corporation or association hereby affected shall be
 136-10  allowed as a credit on the amount of premium taxes to be paid by
 136-11  any such insurance corporation or association for such taxable year
 136-12  except as provided by Article 1.28 of this Code.
 136-13        SECTION 8.08.  Article 1.39, Insurance Code, is amended to
 136-14  read as follows:
 136-15        Art. 1.39.  Subordinated Indebtedness.  (a)  This article
 136-16  applies to an insurer as that term is defined by Article 1.15A of
 136-17  this code.
 136-18        (b)  An insurer may obtain a loan or an advance of cash or
 136-19  property, repayable with interest and may assume a subordinated
 136-20  liability for repayment of the advance and payment of interest on
 136-21  the advance if the insurer and creditor execute a written agreement
 136-22  stating that the creditor may be paid only out of that <the>
 136-23  portion of the insurer's surplus that exceeds the greater of a
 136-24  minimum surplus stated and fixed in the agreement or a minimum
 136-25  surplus of $500,000 for that insurer.  The department or the
 136-26  commissioner may not require the agreement to provide another
 136-27  minimum surplus amount.
  137-1        (c)  <Before an insurer may assume a subordinated liability
  137-2  under Subsection (a) of this article, the agreement must be
  137-3  approved by the commissioner.>
  137-4        <(d)  An insurer may not repay principal or pay interest on a
  137-5  subordinate liability assumed under this article unless the
  137-6  repayment or payment is approved by the commissioner.  The
  137-7  commissioner may approve the repayment or payment only if satisfied
  137-8  that the repayment or payment is appropriate, considering the
  137-9  financial condition of the insurer.  The commissioner may not deny
 137-10  approval of the repayment or payment if the insurer submits
 137-11  evidence, satisfactory to the commissioner, that the insurer has at
 137-12  least the minimum surplus stated in the agreement.>
 137-13        <(e)>  A loan or advance made under this article, and any
 137-14  interest accruing on the loan or advance, is <not> a legal
 137-15  liability and <or> financial statement liability of the insurer
 137-16  only to the extent provided by the terms and conditions of the loan
 137-17  or advance agreement, and the loan or advance may not otherwise be
 137-18  a legal liability or financial statement liability of the insurer.
 137-19  <until the commissioner authorizes repayment or payment under
 137-20  Subsection (d) of this article.  Until the commissioner authorizes
 137-21  the repayment or payment, all financial statements published by the
 137-22  insurer or filed with the commissioner must show as a liability
 137-23  that portion of the insurer's surplus that exceeds the minimum
 137-24  surplus as defined in the subordinated agreement to the extent of
 137-25  the unpaid balance thereon, and must show the amount of that
 137-26  minimum surplus as a special surplus account.>
 137-27        (d)  If the loan or advance agreement provides for a sinking
  138-1  fund out of which the loan or advance is to be repaid, then the
  138-2  loan or advance shall be a legal liability and financial statement
  138-3  liability of the  insurer only to the extent of those funds
  138-4  accumulated and held in the sinking fund, and the loan or advance
  138-5  may not otherwise be a legal liability or financial statement
  138-6  liability of the insurer.  By mutual agreement of the parties to
  138-7  the agreement, any portion of the accumulated funds in the sinking
  138-8  fund may be returned to the surplus of the insurer at any time and
  138-9  from time to time and thereafter may not be considered as a legal
 138-10  liability or financial statement liability of the insurer.
 138-11        SECTION 8.09.  Section 4, Article 3.33, Insurance Code, is
 138-12  amended to read as follows:
 138-13        Sec. 4.  AUTHORIZED INVESTMENTS AND LOANS.  Subject to the
 138-14  limitations and restrictions herein contained, the investments and
 138-15  loans described in the following subsections, and none other, are
 138-16  authorized for the insurers subject hereto:
 138-17              (a)  United States Government Bonds.  Bonds, evidences
 138-18  of indebtedness or obligations of the United States of America, or
 138-19  bonds, evidences of indebtedness or obligations guaranteed as to
 138-20  principal and interest by the full faith and credit of the United
 138-21  States of America, and bonds, evidences of indebtedness, or
 138-22  obligations of agencies and instrumentalities of the government of
 138-23  the United States of America;
 138-24              (b)  Other Governmental Bonds.  Bonds, evidences of
 138-25  indebtedness or obligations of governmental units in the United
 138-26  States, Canada, or any province or city of Canada, and of the
 138-27  instrumentalities of such governmental units; provided:
  139-1                    (1)  such governmental unit or instrumentality is
  139-2  not in default in the payment of principal or interest in any of
  139-3  its obligations; and
  139-4                    (2)  investments in the obligations of any one
  139-5  governmental unit or instrumentality may not exceed 20 percent of
  139-6  the insurer's capital and surplus;
  139-7              (c)  Obligations of Business Entities.  Obligations,
  139-8  including bonds or evidences of indebtedness, or participations in
  139-9  those bonds or evidences of indebtedness, that are issued, assumed,
 139-10  guaranteed, or insured by any business entity, including a sole
 139-11  proprietorship, a corporation, an association, a general or limited
 139-12  partnership, a joint-stock company, a joint venture, a trust, or
 139-13  any other form of business organization, whether for-profit or
 139-14  not-for-profit, that is organized under the laws of the United
 139-15  States, another state, Canada, or any state, district, province, or
 139-16  territory  of Canada, subject to all conditions set forth below:
 139-17                    (1)  an insurer may acquire obligations in any
 139-18  one business entity rated one or two by the Securities Valuation
 139-19  Office of the National Association of Insurance Commissioners, but
 139-20  not to exceed 20 percent of the insurer's statutory capital and
 139-21  surplus as reported in the most recent annual statement filed with
 139-22  the department;
 139-23                    (2)  an insurer may acquire obligations rated
 139-24  three or lower by the Securities Valuation Office if, after giving
 139-25  effect to such an acquisition, the aggregate amount of all
 139-26  obligations rated three or lower then held by the domestic insurer
 139-27  does not exceed 20 percent of its admitted assets.  Not more than
  140-1  10 percent of the admitted assets of that insurer may consist of
  140-2  obligations rated four, five, or six by the Securities Valuation
  140-3  Office.  Not more than three percent of the admitted assets of that
  140-4  insurer may consist of obligations rated five or six by the
  140-5  Securities Valuation Office.  Not more than one percent of the
  140-6  admitted assets of that insurer may consist of obligations rated
  140-7  six by the Securities Valuation Office.  Attaining or exceeding the
  140-8  limit in any one category does not preclude an insurer from
  140-9  acquiring obligations in other categories, subject to the specific
 140-10  and multi-category limits;
 140-11                    (3)  an insurer may not invest more than an
 140-12  aggregate of one percent of its admitted assets in obligations
 140-13  rated three by the Securities Valuation Office that are issued,
 140-14  assumed, guaranteed, or insured by any one business entity, or more
 140-15  than one-half percent of its admitted assets in obligations rated
 140-16  four, five, or six by the Securities Valuation Office that are
 140-17  issued, assumed, guaranteed, or insured by any one business entity.
 140-18  An insurer may not invest more than one percent of its admitted
 140-19  assets in any obligations rated three, four, five, or six by the
 140-20  Securities Valuation Office that are issued, assumed, guaranteed,
 140-21  or insured by any one business entity;
 140-22                    (4)  notwithstanding the foregoing, an insurer
 140-23  may acquire an obligation of a business entity in which the insurer
 140-24  already has one or more obligations if the obligation is acquired
 140-25  in order to protect an investment previously made in that business
 140-26  entity.  Such acquired obligations may not exceed one-half percent
 140-27  of the insurer's admitted assets; and
  141-1                    (5)  this subsection does not prohibit an insurer
  141-2  from acquiring an obligation as a result of a restructuring of an
  141-3  already held obligation that is rated three or lower by the
  141-4  Securities Valuation Office;
  141-5              <Corporate Bonds.  Bonds, evidences of indebtedness or
  141-6  obligations of corporations organized under the laws of the United
  141-7  States of America or its states or Canada or any state, district,
  141-8  province, or territory of Canada; provided:>
  141-9                    <(1)  any such corporation must be solvent with
 141-10  at least $1,000,000 of net worth as of the date of its latest
 141-11  annual or more recent certified audited financial statement or will
 141-12  have at least $1,000,000 of net worth after completion of a
 141-13  securities offering which is being subscribed to by the insurer, or
 141-14  the obligation is guaranteed as to principal and interest by a
 141-15  solvent corporation meeting such net worth requirements which is
 141-16  organized under the laws of the United States of America or one of
 141-17  its states or Canada or any state, district, province, or territory
 141-18  of Canada;>
 141-19                    <(2)  investments in the obligations of any one
 141-20  corporation may not exceed 20 percent of the insurer's capital and
 141-21  surplus; and>
 141-22                    <(3)  the aggregate of all investments under this
 141-23  subsection may not exceed:>
 141-24                          <(A)  one hundred percent of the insurer's
 141-25  assets (excluding, however, those assets representing the minimum
 141-26  capital required for the insurer), but only if more than 75 percent
 141-27  of the total amount invested by the insurer in such bonds,
  142-1  evidences of indebtedness, or obligations of any such corporations
  142-2  qualifying under Subdivision (1) of this subsection are rated
  142-3  either:  (i) AA or better by Standard and Poor's Bond Ratings
  142-4  service; or (ii) Aa or better by Moody's Bond Ratings service; or>
  142-5                          <(B)  eighty percent of the insurer's
  142-6  assets (excluding, however, those assets representing the minimum
  142-7  capital required for the insurer), but only if more than 50 percent
  142-8  of the total amount invested by the insurer in such bonds,
  142-9  evidences of indebtedness or obligations of any such corporations
 142-10  qualifying under Subdivision (1) of this subsection are rated
 142-11  either:  (i) BBB or better by Standard and Poor's Bond Ratings
 142-12  service; or (ii) Baa or better by Moody's Bond Ratings service; or>
 142-13                          <(C)  fifty percent of the insurer's
 142-14  assets;>
 142-15              (d)  International Market.  Bonds issued, assumed, or
 142-16  guaranteed by the Interamerican Development Bank, the International
 142-17  Bank for Reconstruction and Development (the World Bank), the Asian
 142-18  Development Bank, the State of Israel, the African Development
 142-19  Bank, and the International Finance Corporation; provided:
 142-20                    (1)  investments in the bonds of any one of the
 142-21  entities specified above may not exceed 20 percent of the insurer's
 142-22  capital and surplus; and
 142-23                    (2)  the aggregate of all investments made under
 142-24  this subsection may not exceed 20 percent of the insurer's assets;
 142-25              (e)  Policy Loans.  Loans upon the security of the
 142-26  insurer's own policies not in excess of the amount of the reserve
 142-27  values thereof;
  143-1              (f)  Time and Savings Deposits.  Any type or form of
  143-2  savings deposits, time deposits, certificates of deposit, NOW
  143-3  accounts, and money market accounts in solvent banks, savings and
  143-4  loan associations, and credit unions and branches thereof,
  143-5  organized under the laws of the United States of America or its
  143-6  states, when made in accordance with the laws or regulations
  143-7  applicable to such entities; provided the amount of the deposits in
  143-8  any one bank, savings and loan association, or credit union will
  143-9  not exceed the greater of:
 143-10                    (1)  twenty percent of the insurer's capital and
 143-11  surplus;
 143-12                    (2)  the amount of federal or state deposit
 143-13  insurance coverage pertaining to such deposit; or
 143-14                    (3)  ten percent of the amount of capital,
 143-15  surplus, and undivided profits of the entity receiving such
 143-16  deposits;
 143-17              (g)  Equipment Trusts.  Equipment trust obligations or
 143-18  certificates; provided:
 143-19                    (1)  any such obligation or certificate is
 143-20  secured by an interest in transportation equipment that is in whole
 143-21  or in part within the United States of America <and the amount of
 143-22  the obligation or certificate may not exceed 90 percent of the
 143-23  value of the equipment>;
 143-24                    (2)  the obligation or certificate provides a
 143-25  right to receive determined portions of rental, purchase, or other
 143-26  fixed obligatory payments for the use or purchase of the
 143-27  transportation equipment;
  144-1                    (3)  the obligation is classified as an
  144-2  obligation of a business entity and is subject to the limitations
  144-3  on obligations of business entities set forth in Subsection (c) of
  144-4  this section <investment in any one equipment trust obligation or
  144-5  certificate may not exceed 10 percent of the insurer's capital and
  144-6  surplus>; and
  144-7                    (4)  the aggregate of all investments made under
  144-8  this subsection may not exceed 10 percent of the insurer's assets;
  144-9              (h)  Common Stock.  Common stock of any corporation
 144-10  organized under the laws of the United States of America or any of
 144-11  its states, shares of mutual funds doing business under the
 144-12  Investment Company Act of 1940 (15 U.S.C.  Section 80a-1 et seq.),
 144-13  other than money market funds as defined in Subsection (s) of this
 144-14  section, and shares in real estate investment trusts as defined in
 144-15  the Internal Revenue Code of 1954 (26 U.S.C. Section 856);
 144-16  provided:
 144-17                    (1)  any such corporation, other than a mutual
 144-18  fund, must be solvent with at least $1,000,000 net worth as of the
 144-19  date of its latest annual or more recent certified audited
 144-20  financial statement or will have at least $1,000,000 of net worth
 144-21  after completion of a securities offering which is being subscribed
 144-22  to by the insurer;
 144-23                    (2)  mutual funds, other than money market funds
 144-24  as defined in Subsection (s) of this section, and real estate
 144-25  investment trusts must be solvent with at least $1,000,000 of net
 144-26  assets as of the date of its latest annual or more recent certified
 144-27  audited financial statement;
  145-1                    (3)  investments in any one corporation, mutual
  145-2  fund, other than a money market fund as defined in Subsection (s)
  145-3  of this section, or real estate investment trust may not exceed 10
  145-4  percent of the insurer's capital and surplus; and
  145-5                    (4)  the aggregate of all investments made under
  145-6  this subsection may not exceed 20 percent of the insurer's assets;
  145-7              (i)  Preferred Stock.  Preferred stock of corporations
  145-8  organized under the laws of the United States of America or any of
  145-9  its states; provided:
 145-10                    (1)  such corporation must be solvent with at
 145-11  least $1,000,000 of net worth as of the date of its latest annual
 145-12  or more recent certified audited financial statement or will have
 145-13  at least $1,000,000 of net worth after completion of a security
 145-14  offering which is being subscribed to by the insurer;
 145-15                    (2)  investments in the preferred stock of any
 145-16  one corporation will not exceed 20 percent of the insurer's capital
 145-17  and surplus;
 145-18                    (3)  in the aggregate not more than 10 percent of
 145-19  the insurer's assets may be invested in preferred stock, the
 145-20  redemption and retirement of which is not provided for by a sinking
 145-21  fund meeting the standards established by the National Association
 145-22  of Insurance Commissioners to value the preferred stock at cost;
 145-23  and
 145-24                    (4)  the aggregate of all investments made under
 145-25  this subsection may not exceed 40 percent of the insurer's assets;
 145-26              (j)  Collateral Loans.  Collateral loans secured by a
 145-27  first lien upon or a valid and perfected first security interest in
  146-1  an asset; provided:
  146-2                    (1)  the amount of any such collateral loan will
  146-3  not exceed 80 percent of the value of the collateral asset at any
  146-4  time during the duration of the loan; and
  146-5                    (2)  the asset used as collateral would be
  146-6  authorized for direct investment by the insurer under other
  146-7  provisions of this Section 4, except real property in Subsection
  146-8  (l);
  146-9              (k)  Real Estate Loans.  Notes, evidences of
 146-10  indebtedness, or participations therein secured by a valid first
 146-11  lien upon real property or leasehold estate therein located in the
 146-12  United States of America; provided:
 146-13                    (1)  the amount of any such obligation secured by
 146-14  a first lien upon real property or leasehold estate therein shall
 146-15  not exceed 90 percent of the value of such real property or
 146-16  leasehold estate therein, but the amount of such obligation:
 146-17                          (A)  may exceed 90 percent but shall not
 146-18  exceed 100 percent of the value of such real property or leasehold
 146-19  estate therein if the insurer or one or more wholly owned
 146-20  subsidiaries of the insurer owns in the aggregate a 10 percent or
 146-21  greater equity interest in such real property or leasehold estate
 146-22  therein;
 146-23                          (B)  may be 95 percent of the value of such
 146-24  real property or leasehold estate therein if it contains only a
 146-25  dwelling designed exclusively for occupancy by not more than four
 146-26  families for residential purposes, and the portion of the unpaid
 146-27  balance of such obligation which is in excess of an amount equal to
  147-1  90 percent of such value is guaranteed or insured by a mortgage
  147-2  insurance company qualified to do business in the State of Texas;
  147-3  or
  147-4                          (C)  may be greater than 90 percent of the
  147-5  value of such real property or leasehold estate therein to the
  147-6  extent the obligation is insured or guaranteed by the United States
  147-7  of America, the Federal Housing Administration pursuant to the
  147-8  National Housing Act of 1934, as amended (12 U.S.C. Section 1701 et
  147-9  seq.), or the State of Texas; and
 147-10                    (2)  the term of an obligation secured by a first
 147-11  lien upon a leasehold estate in real property shall not exceed a
 147-12  period equal to four-fifths of the then unexpired term of such
 147-13  leasehold estate; provided the unexpired term of the leasehold
 147-14  estate must extend at least 10 years beyond the term of the
 147-15  obligation, and each obligation shall be payable in an installment
 147-16  or installments of sufficient amount or amounts so that at any time
 147-17  after the expiration of two-thirds of the original loan term, the
 147-18  principal balance will be no greater than the principal balance
 147-19  would have been if the loan had been amortized over the original
 147-20  loan term in equal monthly, quarterly, semiannual, or annual
 147-21  payments of principal and interest, it being required that under
 147-22  any method of repayment such obligation will fully amortize during
 147-23  a period of time not exceeding four-fifths of the then unexpired
 147-24  term of the security leasehold estate; and
 147-25                    (3)  if any part of the value of buildings is to
 147-26  be included in the value of such real property or leasehold estate
 147-27  therein to secure the obligations provided for in this subsection,
  148-1  such buildings shall be covered by adequate property insurance,
  148-2  including but not limited to fire and extended coverage insurance
  148-3  issued by a company authorized to transact business in the State of
  148-4  Texas or by a company recognized as acceptable for such purpose by
  148-5  the insurance regulatory official of the state in which such real
  148-6  estate is located, and the amount of insurance granted in the
  148-7  policy or policies shall be not less than the unpaid balance of the
  148-8  obligation or the insurable value of such buildings, whichever is
  148-9  the lesser; the loss clause shall be payable to the insurer as its
 148-10  interest may appear; and
 148-11                    (4)  to the extent any note, evidence of
 148-12  indebtedness, or participation therein under this subsection
 148-13  represents an equity interest in the underlying real property, the
 148-14  value of such equity interest shall be determined at the time of
 148-15  execution of such note, evidence of indebtedness, or participation
 148-16  therein and that portion shall be designated as an investment
 148-17  subject to the provisions of Subsection (l)(2) of this section; and
 148-18                    (5)  the amount of any one such obligation may
 148-19  not exceed 25 percent of the insurer's capital and surplus; and
 148-20                    (6)  a first lien on real property may be
 148-21  purchased after its origination if the first lien is insured by a
 148-22  mortgagee's title policy issued to the original mortgagee that
 148-23  contains a provision that inures the policy to the use and benefit
 148-24  of the owners of the evidence of debt indicated in the policy and
 148-25  to any subsequent owners of that evidence of debt, and if the
 148-26  insurer maintains evidence of assignments or other transfers of the
 148-27  first lien on real property to the insurer.  An assignment or other
  149-1  transfer to the insurer, duly recorded in the county in which the
  149-2  real property is located, shall be presumed to create legal
  149-3  ownership of the first lien by the insurer;
  149-4              (l)  Real Estate.  Real property fee simple or
  149-5  leasehold estates located within the United States of America, as
  149-6  follows:
  149-7                    (1)  home and branch office real property or
  149-8  participations therein, which must be materially enhanced in value
  149-9  by the construction of durable, permanent-type buildings and other
 149-10  improvements costing an amount at least equal to the cost of such
 149-11  real property, exclusive of buildings and improvements at the time
 149-12  of acquisition, or by the construction of such buildings and
 149-13  improvements which must be commenced within two years of the date
 149-14  of the acquisition of such real property; provided:
 149-15                          (A)  at least 30 percent of the available
 149-16  space in such building shall be occupied for the business purposes
 149-17  of the insurer and its affiliates; and
 149-18                          (B)  the aggregate investment in such home
 149-19  and branch offices shall not exceed 20 percent of the insurer's
 149-20  assets; and
 149-21                    (2)  other investment property or participations
 149-22  therein, which must be materially enhanced in value by the
 149-23  construction of durable, permanent-type buildings and other
 149-24  improvements costing an amount at least equal to the cost of such
 149-25  real property, exclusive of buildings and improvements at the time
 149-26  of acquisition, or by the construction of such buildings and
 149-27  improvements which must be commenced within two years of the date
  150-1  of acquisition of such real property; provided that such investment
  150-2  in any one piece of property or interest therein, including the
  150-3  improvements, fixtures, and equipment pertaining thereto may not
  150-4  exceed five percent of the insurer's assets; provided, however,
  150-5  nothing in this article shall allow ownership of, development of,
  150-6  or equity interest in any residential property or subdivision,
  150-7  single or multiunit family dwelling property, or undeveloped real
  150-8  estate for the purpose of subdivision for or development of
  150-9  residential, single, or multiunit family dwellings, except
 150-10  acquisitions as provided in Subdivision (4) below, and such
 150-11  ownership, development, or equity interests shall be specifically
 150-12  prohibited;
 150-13                    (3)  the admissible asset value of each such
 150-14  investment in the properties acquired under Subdivisions (1) and
 150-15  (2) of this subsection shall be subject to review and approval by
 150-16  the Commissioner of Insurance.  The commissioner shall have
 150-17  discretion at the time such investment is made or any time when an
 150-18  examination of the company is being made to cause any such
 150-19  investment to be appraised by an appraiser, appointed by the
 150-20  commissioner, and the reasonable expense of such appraisal shall be
 150-21  paid by such insurance company and shall be deemed to be a part of
 150-22  the expense of examination of such company; if the appraisal is
 150-23  made upon application of the company, the expense of such appraisal
 150-24  shall not be considered a part of the expense of examination of
 150-25  such company; no insurance company may hereafter make any write-up
 150-26  in the valuation of any of the properties described in Subdivision
 150-27  (1) or (2) of this subsection unless and until it makes application
  151-1  therefor and such increase in valuation shall be approved by the
  151-2  commissioner; and
  151-3                    (4)  other real property acquired:
  151-4                          (A)  in good faith by way of security for
  151-5  loans previously contracted or money due; or
  151-6                          (B)  in satisfaction of debts previously
  151-7  contracted for in the course of its dealings; or
  151-8                          (C)  by purchase at sales under judgment or
  151-9  decrees of court, or mortgage or other lien held by such insurer;
 151-10  and
 151-11                    (5)  regardless of the mode of acquisition
 151-12  specified herein, upon sale of any such real property, the fee
 151-13  title to the mineral estate or any portion thereof may be retained
 151-14  by the insurance company indefinitely;
 151-15              (m)  Oil, Gas, and Minerals.  In addition to and
 151-16  without limitation on the purposes for which real property may be
 151-17  acquired, secured, held, or retained pursuant to other provisions
 151-18  of this section, every such insurance company may secure, hold,
 151-19  retain, and convey production payments, producing royalties and
 151-20  producing overriding royalties, or participations therein as an
 151-21  investment for the production of income; provided:
 151-22                    (1)  in no event may such company carry such
 151-23  assets in an amount in excess of 90 percent of the appraised value
 151-24  thereof; and
 151-25                    (2)  no one investment under this subsection may
 151-26  exceed 10 percent of the insurer's capital and surplus in excess of
 151-27  statutory minimum capital and surplus applicable to that insurer,
  152-1  and the aggregate of all such investments may not exceed 10 percent
  152-2  of the insurer's assets as of December 31st next preceding the date
  152-3  of such investment; and
  152-4                    (3)  for the purposes of this subsection, the
  152-5  following definitions apply:
  152-6                          (A)  a production payment is defined to
  152-7  mean a right to oil, gas, or other minerals in place or as produced
  152-8  that entitles its owner to a specified fraction of production until
  152-9  a specified sum of money, or a specified number of units of oil,
 152-10  gas, or other minerals, has been received;
 152-11                          (B)  a royalty and an overriding royalty
 152-12  are each defined to mean a right to oil, gas, and other minerals in
 152-13  place or as produced that entitles the owner to a specified
 152-14  fraction of production without limitation to a specified sum of
 152-15  money or a specified number of units of oil, gas, or other
 152-16  minerals;
 152-17                          (C)  "producing" is defined to mean
 152-18  producing oil, gas, or other minerals in paying quantities,
 152-19  provided that it shall be deemed that oil, gas, or other minerals
 152-20  are being produced in paying quantities if a well has been "shut
 152-21  in" and "shut-in royalties" are being paid;
 152-22              (n)  Foreign Countries and United States Territories.
 152-23  In addition to the investments in Canada authorized in other
 152-24  subsections of this section, investments <Investments> in other
 152-25  foreign countries or in commonwealths, territories, or possessions
 152-26  of the United States <where the insurer conducts an insurance
 152-27  business>; provided:
  153-1                    (1)  such investments are similar to those
  153-2  authorized for investment within the United States of America or
  153-3  Canada by other provisions of this section and are rated one or two
  153-4  by the Securities Valuation Office of the National Association of
  153-5  Insurance Commissioners; and
  153-6                    (2)  such investments when added to the amount of
  153-7  similar investments made within the United States and Canada do not
  153-8  result in the combined total of such investments exceeding the
  153-9  limitations specified in Subsections (a) through (p) of this
 153-10  section; and
 153-11                    (3)  such investments may not exceed the sum of:
 153-12                          (A)  the amount of reserves attributable to
 153-13  the business in force in said countries, if any,<;> and any
 153-14  additional investments <provided, however, such investments may
 153-15  exceed such reserves to the extent> required by any country as a
 153-16  condition to doing business therein, <but to the extent such
 153-17  investments exceed such reserves said investments shall not be
 153-18  considered as admitted assets of the insurer>; and
 153-19                          (B)  five percent of the insurer's assets;
 153-20              (o)  Investments Not Otherwise Specified.  Investments
 153-21  which are not otherwise authorized by this article and which are
 153-22  not specifically prohibited by statute, including that portion of
 153-23  any investments which may exceed the limits specified in
 153-24  Subsections (a) through (n) of this section; provided:
 153-25                    (1)  if any aggregate or individual specified
 153-26  investment limitation in Subsections (a) through (n) of this
 153-27  section is exceeded, then the excess portion of such investment
  154-1  shall be an investment under this subsection; and
  154-2                    (2)  the burden of establishing the value of such
  154-3  investments shall be upon the insurer; and
  154-4                    (3)  the amount of any one such investment may
  154-5  not exceed 10 percent of the insurer's capital and surplus in
  154-6  excess of the statutory minimum capital and surplus applicable to
  154-7  that insurer; and
  154-8                    (4)  the aggregate of all investments made under
  154-9  this subsection may not exceed the lesser of either five percent of
 154-10  the insurer's assets or the insurer's capital and surplus in excess
 154-11  of the statutory minimum capital and surplus applicable to that
 154-12  insurer;
 154-13              (p)  Other Authorized Investments.  Those other
 154-14  investments as follows:
 154-15                    (1)  any investment held by an insurer on the
 154-16  effective date of this Act, which was legally authorized at the
 154-17  time it was made or acquired or which the insurer was authorized to
 154-18  hold or possess immediately prior to such effective date, but which
 154-19  does not conform to the requirements of the investments authorized
 154-20  in Subsections (a) through (o) of this section, may continue to be
 154-21  held by and considered as an admitted asset of the insurer;
 154-22  provided the investment is disposed of at its maturity date, if
 154-23  any, or within the time prescribed by the law under which it was
 154-24  acquired, if any; and provided further, in no event shall the
 154-25  provisions of this subdivision alter the legal or accounting status
 154-26  of such asset; and
 154-27                    (2)  any other investment which may be authorized
  155-1  by other provisions of this code or by other laws of this state for
  155-2  the insurers which are subject to this article.
  155-3              (q)  Special Limitations for Certain Fixed Annuity
  155-4  Insurers.  The quantitative limitations imposed above in
  155-5  Subsections (b)(2), (c)(2), (f)(1), (g)(3), (h)(3), (i)(2), and
  155-6  (k)(5) of this section shall not apply to any insurer with assets
  155-7  in excess of $2,500,000,000 and that receives more than 90 percent
  155-8  of its premium income from fixed rate annuity contracts and that
  155-9  has more than 90 percent of its assets allocated to its reserves
 155-10  held for fixed rate annuity contracts, excluding, however, any
 155-11  premium income, assets, and reserves received from, held for, or
 155-12  allocated to separate accounts from the computation of the above
 155-13  percentages, and in lieu thereof, the following quantitative
 155-14  limitations shall apply to such insurers:
 155-15                    (1)  the limitation in Subsection (b)(2) of this
 155-16  section shall be two percent of the insurer's assets;
 155-17                    (2)  the limitation in Subsection (c)(2) of this
 155-18  section shall be two percent of the insurer's assets;
 155-19                    (3)  the limitation in Subsection (f)(1) of this
 155-20  section shall be two percent of the insurer's assets;
 155-21                    (4)  the limitation in Subsection (g)(3) of this
 155-22  section shall be one percent of the insurer's assets;
 155-23                    (5)  the limitation in Subsection (h)(3) of this
 155-24  section shall be one percent of the insurer's assets;
 155-25                    (6)  the limitation in Subsection (i)(2) of this
 155-26  section shall be two percent of the insurer's assets; and
 155-27                    (7)  the limitation in Subsection (k)(5) of this
  156-1  section shall be two percent of the insurer's assets.
  156-2              (r)  Premium Loans.  Loans to finance the payment of
  156-3  premiums for the insurer's own insurance policies or annuity
  156-4  contracts; provided that the amount of any such loan does not
  156-5  exceed the sum of:  (i) the available cash value of such insurance
  156-6  policy or annuity contract; and (ii) the amount of any escrowed
  156-7  commissions payable relating to such insurance policy or annuity
  156-8  contract for which the premium loan is made; and
  156-9              (s)  Money Market Funds.  (1)  Money market funds as
 156-10  defined by 17 CFR 270.2a-7 under the Investment Company Act of 1940
 156-11  (15 U.S.C. 80a-1 et seq.)  that meet the following additional
 156-12  conditions:
 156-13                          (A)  the funds invest 100 percent of total
 156-14  assets in United States treasury bills, notes, and bonds, and
 156-15  collateralized repurchase agreements composed of those obligations
 156-16  at all times;
 156-17                          (B)  the funds invest 100 percent of total
 156-18  assets in other full faith and credit instruments of the United
 156-19  States; or
 156-20                          (C)  the funds invest at least 95 percent
 156-21  of total assets in exempt securities, short-term debt instruments
 156-22  with a maturity of 397 days or less, class one bonds, and
 156-23  collateralized repurchase agreements composed of those securities
 156-24  at all times;
 156-25                    (2)  For purposes of complying with Subsection
 156-26  (h) of this section, money market funds qualifying for listing
 156-27  within these categories must conform to the purpose and procedures
  157-1  manual of the valuation of securities manual of the National
  157-2  Association of Insurance Commissioners.
  157-3        SECTION 8.10.  Section 3(d), Article 21.49-1, Insurance Code,
  157-4  is amended to read as follows:
  157-5        (d)  Amendments to Registration Statements.  Each registered
  157-6  insurer shall keep current the information required to be disclosed
  157-7  in its registration statement by reporting all material changes or
  157-8  additions within 15 days after the end of the month in which it
  157-9  learns of each such change or addition, except that the insurer is
 157-10  not required to report a transaction under this subsection that is
 157-11  authorized under Subsection 4(d) of this section.  In addition,<;
 157-12  provided, however, that> subject to Subsection (c) of Section 4,
 157-13  each registered insurer shall <so> report all dividends and other
 157-14  distributions to shareholders within two business days following
 157-15  the declaration thereof<;> and at least 10 days before the date of
 157-16  payment.  For purposes of determining compliance with those
 157-17  deadlines, reports are considered to be made when received by the
 157-18  Texas Department of Insurance.  Reports under this subsection are
 157-19  for informational purposes only.  The commissioner shall adopt
 157-20  rules that establish procedures to:
 157-21              (1)  consider the prepayment notices promptly, that
 157-22  shall include the standards set forth under Section 4(b), Article
 157-23  21.49-1 of this code; and
 157-24              (2)  review annually all reported ordinary dividends
 157-25  paid within the preceding 12 months <provided further that any
 157-26  transaction authorized by Section 4(d) hereof need not be reported
 157-27  under this subsection>.
  158-1        SECTION 8.11.  Section 4(b), Article 21.49-1, Insurance Code,
  158-2  is amended to read as follows:
  158-3        (b)  Adequacy of Surplus.  For the purposes of this article,
  158-4  in determining whether an insurer's surplus as regards
  158-5  policyholders is reasonable in relation to the insurer's
  158-6  outstanding liabilities and adequate to its financial needs, the
  158-7  following factors, among others, shall be considered:
  158-8              (1)  the size of the insurer as measured by its assets,
  158-9  capital and surplus, reserves, premium writings, insurance in
 158-10  force, and other appropriate criteria;
 158-11              (2)  the extent to which the insurer's business is
 158-12  diversified among the several lines of insurance;
 158-13              (3)  the number and size of risks insured in each line
 158-14  of business;
 158-15              (4)  the extent of the geographical dispersion of the
 158-16  insurer's insured risks;
 158-17              (5)  the nature and extent of the insurer's reinsurance
 158-18  program;
 158-19              (6)  the quality, diversification, and liquidity of the
 158-20  insurer's investment portfolio;
 158-21              (7)  the recent past and projected future trend in the
 158-22  size of the insurer's surplus as regards policyholders and the
 158-23  insurer's investment portfolio;
 158-24              (8)  the surplus as regards policyholders maintained by
 158-25  other comparable insurers;
 158-26              (9)  the adequacy of the insurer's reserves; <and>
 158-27              (10)  the quality and liquidity of investments in
  159-1  subsidiaries made pursuant to Section 6.  The commissioner may
  159-2  treat any such investment as a nonadmitted or disallowed asset for
  159-3  purposes of determining the adequacy of surplus as regards
  159-4  policyholders whenever in his judgment such investment so warrants;
  159-5  and
  159-6              (11)  the quality of the insurer's earnings and the
  159-7  extent to which the insurer's reported earnings include
  159-8  extraordinary items.
  159-9        SECTION 8.12.  Section 3A, Article 21.39-A, Insurance Code,
 159-10  is amended by adding Subsection (c) to read as follows:
 159-11        (c)  This Act does not apply to a reinsurance agreement or
 159-12  any trust account related to the reinsurance agreement if the
 159-13  agreement and trust account meet the requirements of Article 3.10
 159-14  or 5.75-1 of this code.
 159-15        SECTION 8.13.  Section 1, Article 21.39-B, Insurance Code, is
 159-16  amended to read as follows:
 159-17        Sec. 1.  Any director, member of a committee, or officer, or
 159-18  any clerk of a domestic company, who is charged with the duty of
 159-19  handling or investing its funds, shall not:
 159-20              (1)  deposit or invest such funds, except in the
 159-21  corporate name of such company, provided, however, that securities
 159-22  kept under a custodial agreement or trust agreement with a bank,
 159-23  federal home loan bank, or trust company may be issued in the name
 159-24  of a nominee of such bank, federal home loan bank, or trust company
 159-25  if such bank, federal home loan bank, or trust company has
 159-26  corporate trust powers and is duly authorized to act as a custodian
 159-27  or trustee and is organized under the laws of the United States of
  160-1  America or any state thereof and either (i) is a member of the
  160-2  Federal Reserve System, (ii) is a member of or is eligible to
  160-3  receive deposits which are insured by the Federal Deposit Insurance
  160-4  Corporation, <or> (iii) maintains an account with a Federal Reserve
  160-5  Bank and is subject to supervision and examination by the Board of
  160-6  Governors of the Federal Reserve System, or (iv) is subject to
  160-7  supervision and examination by the Federal Housing Finance Board;
  160-8              (2)  borrow the funds of such company;
  160-9              (3)  be interested in any way in any loan, pledge,
 160-10  security, or property of such company, except as stockholder; or
 160-11              (4)  take or receive to his own use any fee, brokerage,
 160-12  commission, gift, or other consideration for, or on account of, a
 160-13  loan made by or on behalf of such company.
 160-14        SECTION 8.14.  Section 4(a), Article 21.39-B, Insurance Code,
 160-15  is amended to read as follows:
 160-16        (a)  A domestic insurance company may evidence its ownership
 160-17  of securities through definitive certificates or uncertificated
 160-18  securities as provided by Section 6 of this article, or it may
 160-19  deposit or arrange for the deposit of securities held in or
 160-20  purchased for its general account or its separate accounts in a
 160-21  clearing corporation or the Federal Reserve Book Entry System.
 160-22  When securities are deposited with a clearing corporation directly
 160-23  or deposited indirectly through a participating custodian bank,
 160-24  certificates representing securities of the same class of the same
 160-25  issuer may be merged and held in bulk in the name of nominee of
 160-26  such clearing corporation with any other securities deposited with
 160-27  such clearing corporation by any person, regardless of the
  161-1  ownership of such securities, and certificates representing
  161-2  securities of small denominations may be merged into one or more
  161-3  certificates of larger denominations.  The records of member banks
  161-4  through which an insurance company holds securities in the Federal
  161-5  Reserve Book Entry System and the record of any custodian banks
  161-6  through which an insurance company holds securities in a clearing
  161-7  corporation shall at all times show that such securities are held
  161-8  for such insurance company and for which accounts thereof.  To be
  161-9  eligible to act as a participating custodian bank under this
 161-10  subsection, a bank must enter a custodial agreement with the
 161-11  insurance company for which it is to act as a participating
 161-12  custodian bank.
 161-13        SECTION 8.15.  Article 21.39-B, Insurance Code, is amended by
 161-14  adding Section 6 to read as follows:
 161-15        Sec. 6.  The State Board of Insurance shall adopt rules
 161-16  authorizing a domestic insurance company to demonstrate ownership
 161-17  of a security that is not evidenced by a certificate.  The rules
 161-18  shall establish:
 161-19              (1)  standards for the types of uncertificated
 161-20  securities that may be held;
 161-21              (2)  the manner in which ownership of the security may
 161-22  be demonstrated; and
 161-23              (3)  adequate financial safeguards relating to the
 161-24  ownership of uncertificated securities.
 161-25        SECTION 8.16.  Subchapter E, Chapter 21, Insurance Code, is
 161-26  amended by adding Article 21.61 to read as follows:
 161-27        Art. 21.61.  BUSINESS TRANSACTED WITH PRODUCER-CONTROLLED
  162-1  INSURER ACT
  162-2        Sec. 1.  SHORT TITLE.  This article may be cited as the
  162-3  Business Transacted With Producer-Controlled Insurer Act.
  162-4        Sec. 2.  DEFINITIONS.  In this article:
  162-5              (1)  "Producer" means an insurance broker or brokers, a
  162-6  manager, including a managing general agent, or any other person,
  162-7  who, for compensation, solicits, negotiates, or procures, or
  162-8  assists or participates in soliciting, negotiating, or procuring,
  162-9  an insurance contract on behalf of an insured other than the
 162-10  person.
 162-11              (2)  "Reinsurance intermediary" means a producer who is
 162-12  a reinsurance intermediary for purposes of Article 21.07-7 of this
 162-13  code.
 162-14              (3)  "Control," including the terms "controlling,"
 162-15  "controlled," "controlled by," and "under common control with,"
 162-16  means the possession, direct or indirect, of the power to direct or
 162-17  cause the direction of the management and policies of a person,
 162-18  whether through the ownership of voting securities, by contract
 162-19  other than a commercial contract for goods or nonmanagement
 162-20  services, or otherwise, unless the power is the result of an
 162-21  official position with or corporate office held by the person.
 162-22  Control is presumed to exist if any person, directly or indirectly,
 162-23  owns, controls, holds with the power to vote, or holds irrevocable
 162-24  proxies representing, 10 percent or more of the voting securities
 162-25  or authority of any other person.  This presumption may be rebutted
 162-26  by a showing that control does not exist in fact.  The commissioner
 162-27  may determine, after furnishing all persons in interest notice an
  163-1  opportunity to be heard and making specific findings of fact to
  163-2  support the determination, that control exists in fact,
  163-3  notwithstanding the absence of a presumption to that effect, if a
  163-4  person exercises directly or indirectly, either alone or under an
  163-5  agreement with one or more other persons, such a controlling
  163-6  influence over the management or policies of an insurer as to make
  163-7  it necessary or appropriate in the public interest or for the
  163-8  protection of the policyholders or stockholders of the insurer that
  163-9  the person be considered to control the insurer.
 163-10              (4)  "Insurer" means a person licensed to transact an
 163-11  insurance business in this state who issues policies covered by
 163-12  Article 21.28-C or Article 21.28-D of this code.  The term does not
 163-13  include:
 163-14                    (A)  a non-admitted insurer;
 163-15                    (B)  a risk retention group as defined by the
 163-16  Superfund Amendments Reauthorization Act of 1986 (Pub. L. No.
 163-17  99-499), 15 U.S.C. Section 3901 et seq., and Article 21.54 of this
 163-18  code;
 163-19                    (C)  a residual market pool or joint underwriting
 163-20  authority or association; and
 163-21                    (D)  a captive insurer, including:
 163-22                          (i)  an insurance company owned by another
 163-23  organization whose exclusive purpose is to insure risks of the
 163-24  company's parent organization and affiliated companies; and
 163-25                          (ii)  an insurance organization owned by an
 163-26  insured that is a group or association whose exclusive purpose is
 163-27  to insure risks of member organizations or group members and their
  164-1  affiliates.
  164-2              (5)  "Independent actuary" means an actuary who is a
  164-3  member of the American Academy of Actuaries and who is not
  164-4  affiliated with, an employee, principal, or direct or indirect
  164-5  owner of, or in any way controlled by an insurer or producer.
  164-6              (6)  "Independent certified public accountant" means a
  164-7  certified public accountant who is not affiliated with, an
  164-8  employee, principal, or direct or indirect owner of, or in any way
  164-9  controlled by an insurer or producer.
 164-10              (7)  "Person" means an individual, corporation,
 164-11  partnership, association, or other private legal entity.
 164-12        Sec. 3.  LIMITATION ON BUSINESS PLACED WITH CONTROLLED
 164-13  INSURER.  (a)  A producer who has control of a licensed insurer may
 164-14  not directly or indirectly place a policy with the insurer in a
 164-15  transaction in which the producer, at the time the policy is
 164-16  placed, is acting as a producer on behalf of the insured for
 164-17  compensation, unless:
 164-18              (1)  there is a written contract between the producer
 164-19  and the insurer that has been approved by the insurer's board of
 164-20  directors;
 164-21              (2)  except as provided by Subsection (e) of this
 164-22  section, the producer, before the effective date of the policy,
 164-23  delivers written notice to the prospective insured disclosing the
 164-24  relationship between the producer and the controlled insurer and
 164-25  the disclosure is signed by the insured and retained in the
 164-26  underwriting file until the filing of the report on examination
 164-27  covering the period in which the coverage is in effect;
  165-1              (3)  all funds collected for the account of the insurer
  165-2  by the producer, net of commissions, cancellations, and other
  165-3  adjustments as provided in the contract to the insurer, are paid at
  165-4  least quarterly; and
  165-5              (4)  the insurer complies with Subsections (b), (c),
  165-6  and (d) of this section.
  165-7        (b)  Not later than April 1 of each year, a controlled
  165-8  insurer shall file with the commissioner an opinion of an
  165-9  independent actuary reporting loss ratios for each line of business
 165-10  written by the controlling producer and attesting to the adequacy
 165-11  of loss reserves established for losses incurred and outstanding as
 165-12  of year end, including incurred but not reported losses on business
 165-13  placed by controlling producers.  The requirement of this
 165-14  subsection is in addition to any other certification of loss
 165-15  reserves required to be made by the insurer.
 165-16        (c)  Annually, a controlled insurer shall report to the
 165-17  commissioner:
 165-18              (1)  the amount of commissions paid to a controlling
 165-19  producer;
 165-20              (2)  the percentage the amount described by Subdivision
 165-21  (1) of this section represents of the net premiums written; and
 165-22              (3)  comparable amounts and percentages paid to
 165-23  producers other than controlling producers for placements of the
 165-24  same kinds of insurance.
 165-25        (d)  A controlled insurer shall establish an audit committee
 165-26  of the insurer's board of directors composed of independent
 165-27  directors.  Before the board of directors approves the insurer's
  166-1  annual financial statement, the audit committee shall meet with
  166-2  management, the insurer's independent certified public accountants,
  166-3  and an independent actuary to review the adequacy of the insurer's
  166-4  loss reserves.
  166-5        (e)  If the policy is placed through a subproducer who is not
  166-6  a controlling producer, the controlling producer shall retain a
  166-7  signed commitment from the subproducer stating that the subproducer
  166-8  is aware of the relationship between the producer and the insurer
  166-9  and that the subproducer will comply with the notification
 166-10  requirement of Subsection (a)(2) of this section on behalf of the
 166-11  producer.
 166-12        (f)  A reinsurance intermediary that has control of an
 166-13  assuming insurer may not directly or indirectly place business with
 166-14  the insurer in a transaction in which the reinsurance intermediary
 166-15  is acting as a broker or manager on behalf of the ceding insurer.
 166-16  A reinsurance intermediary that has control of a ceding insurer may
 166-17  not directly or indirectly accept business from the insurer in a
 166-18  transaction in which the reinsurance intermediary is acting as a
 166-19  producer on behalf of the assuming insurer.  This subsection does
 166-20  not apply to a reinsurance intermediary that makes a full and
 166-21  complete written disclosure of its relationship with the assuming
 166-22  or ceding insurer to the parties to the transaction before
 166-23  completion of the transaction.
 166-24        Sec. 4.  PROHIBITED ACTS.  The commissioner shall find that a
 166-25  violation of this article has occurred if the commissioner finds,
 166-26  after notice and hearing, that:
 166-27              (1)  a controlling producer did not substantially
  167-1  comply with Section 3 of this article;
  167-2              (2)  a controlled insurer, with respect to business
  167-3  placed by the controlling producer, engaged in a pattern of
  167-4  charging premiums that were lower, considering applicable industry
  167-5  or actuarial standards at the time the business was written, than
  167-6  those charged by that insurer or other insurers for similar risks
  167-7  written during the same period and placed by noncontrolling
  167-8  producers;
  167-9              (3)  a controlling producer failed to maintain records
 167-10  sufficient to:
 167-11                    (A)  demonstrate that the producer's dealings
 167-12  with its controlled insurer were fair and equitable and in
 167-13  compliance with Article 21.49-1 of this code; and
 167-14                    (B)  accurately disclose the nature and details
 167-15  of its transactions with the controlled insurer, including any
 167-16  information necessary to support the charges or fees to the
 167-17  respective parties;
 167-18              (4)  a controlled insurer, with respect to business
 167-19  placed by the controlling producer, either failed to establish or
 167-20  deviated from its underwriting procedures;
 167-21              (5)  the controlled insurer's capitalization with
 167-22  respect to business placed by a controlling producer was not, at
 167-23  the time the business was placed, in compliance with criteria
 167-24  established by commissioner rule or with this code or other
 167-25  insurance laws of this state; or
 167-26              (6)  a controlling producer or the controlled insurer
 167-27  failed to substantially comply with Article 21.49-1 of this code or
  168-1  a rule adopted under that article.
  168-2        Sec. 5.  PENALTIES AND LIABILITIES.  (a)  If, after notice
  168-3  and hearing, the commissioner determines that a controlling
  168-4  producer has violated this article, the commissioner may impose and
  168-5  enforce any sanction authorized by law, including the penalties
  168-6  imposed under Articles 1.10 and 1.10A of this code.
  168-7        (b)  If, after notice and hearing, the commissioner
  168-8  determines that a controlling producer has violated this article
  168-9  and the violation substantially contributed to the insolvency of
 168-10  the controlled insurer, the producer is liable to reimburse the
 168-11  Texas Property and Casualty Insurance Guaranty Association or the
 168-12  Texas Life, Accident, Health and Hospital Service Insurance
 168-13  Guaranty Association, as appropriate, for all payments made for
 168-14  losses, loss adjustment, and administrative expenses of the
 168-15  business placed by the producer that exceed gross earned premiums
 168-16  and investment income earned on premiums and loss reserves for the
 168-17  business.  The commissioner shall request the attorney general to
 168-18  bring an action to enforce the liability imposed by this
 168-19  subsection.
 168-20        (c)  Appeal from a final decision by the commissioner under
 168-21  this article may be made in accordance with Article 1.04 of this
 168-22  code.
 168-23        (d)  This article does not alter or affect the rights of
 168-24  policyholders, claimants, creditors, or other third parties.
 168-25        Sec. 6.  REPORTING REQUIREMENT.  (a)  A producer who owns,
 168-26  controls, or holds proxies representing more than 10 percent of the
 168-27  outstanding voting securities of an insurer, as reported in the
  169-1  insurer's most recent financial statement, shall report annually
  169-2  the extent of its ownership in that insurer.
  169-3        (b)  The report required by this section shall be made not
  169-4  later than a date specified by the commissioner and shall be made
  169-5  on a form promulgated by the commissioner.
  169-6        (c)  A producer who becomes subject to this section after the
  169-7  annual reporting date established by Subsection (b) of this section
  169-8  shall make the report not later than the 30th day after the
  169-9  producer becomes subject to this section.
 169-10        Sec. 7.  RULES.  The board may adopt reasonable rules to
 169-11  implement this article, including rules providing minimum
 169-12  requirements for contracts with producer-controlled insurers.
 169-13        SECTION 8.17.  Notwithstanding Section 8(b), Article 1.14-2,
 169-14  Insurance Code, as amended by this Act, each unauthorized insurer
 169-15  subject to the minimum capital and surplus requirements of that
 169-16  section shall have a minimum capital and surplus of not less than:
 169-17              (1)  $9 million not later than December 31, 1993;
 169-18              (2)  $12 million not later than December 31, 1994; and
 169-19              (3)  $15 million not later than December 31, 1995.
 169-20        SECTION 8.18.  Article 1.16(b), Insurance Code, as amended by
 169-21  this Act, applies only to an assessment made by the State Board of
 169-22  Insurance on or after September 1, 1993.   An assessment made
 169-23  before that date is governed by the law in effect on the date that
 169-24  the assessment is made, and the former law is continued in effect
 169-25  for that purpose.
 169-26        SECTION 8.19.  Article 1.39, Insurance Code, as amended by
 169-27  this Act, applies only to a subordinated indebtedness created on or
  170-1  after the effective date of this Act.
  170-2        SECTION 8.20.  (a)  Section 4(c), Article 3.33, Insurance
  170-3  Code, as amended by this Act, does not prohibit an insurer from
  170-4  acquiring an obligation that it has committed to acquire within the
  170-5  nine months preceding the effective date of this Act if the insurer
  170-6  would have been permitted to acquire that obligation under Section
  170-7  4, Article 3.33, Insurance Code, as it existed before amendment by
  170-8  this Act on the date on which the insurer committed to purchase
  170-9  that obligation.
 170-10        (b)  Section 4(c), Article 3.33, Insurance Code, as amended
 170-11  by this Act, does not require an insurer to sell or otherwise
 170-12  dispose of any obligation:
 170-13              (1)  legally acquired before the effective date of this
 170-14  Act; or
 170-15              (2)  if acquired on or after the effective date of this
 170-16  Act, that satisfied the conditions of that subsection on the date
 170-17  of the acquisition, but that subsequently fails to satisfy those
 170-18  conditions.
 170-19        SECTION 8.21.  Article 21.61, Insurance Code, as added by
 170-20  this Act, applies only to conduct occurring on or after January 1,
 170-21  1994.  Conduct occurring before January 1, 1994, is governed by the
 170-22  law in effect immediately before the effective date of this Act,
 170-23  and that law is continued in effect for that purpose.
 170-24        ARTICLE 9.  CONSOLIDATION, LIQUIDATION, REHABILITATION,
 170-25  REORGANIZATION, OR CONSERVATION OF INSURERS; GUARANTY ASSOCIATIONS
 170-26        SECTION 9.01.  Section 8, Article 21.28, Insurance Code, is
 170-27  amended by adding Subsection (k) to read as follows:
  171-1        (k)  Every claim under a separate account established under
  171-2  Article 3.75 of this code (providing that the income, gains, and
  171-3  losses, realized and unrealized, from assets allocated to the
  171-4  separate account shall be credited to or charged against the
  171-5  account, without regard to other income, gains, or losses of the
  171-6  life insurance company) shall be satisfied out of the assets in the
  171-7  separate account equal to the reserves maintained in such account
  171-8  for such contracts.  To the extent provided under contracts
  171-9  established under Article 3.75 of this code, that portion of the
 171-10  assets of any such separate account equal to the reserves and other
 171-11  contract liabilities with respect to the separate account shall not
 171-12  be chargeable with liabilities arising out of any other business of
 171-13  the company.  To the extent, if any, reserves maintained in such
 171-14  separate account are in excess of the amounts needed to satisfy
 171-15  claims under such separate account contracts, the excess shall be
 171-16  treated as general assets of the life insurance company.
 171-17        SECTION 9.02.  Section 3, Article 21.28-A, Insurance Code, is
 171-18  amended to read as follows:
 171-19        Sec. 3.  Notice to comply with written requirements of
 171-20  commissioner; noncompliance; taking charge as conservator.  If upon
 171-21  examination or at any other time it appears to or is the opinion of
 171-22  the Commissioner of Insurance that any insurance company is
 171-23  insolvent, or its condition is such as to render the continuance of
 171-24  its business hazardous to the public or to holders of its policies
 171-25  or certificates of insurance, or if such company appears to have
 171-26  exceeded its powers (as defined herein) or has failed to comply
 171-27  with the law, or if such insurance company gives its consent (as
  172-1  defined herein), then the Commissioner of Insurance shall upon his
  172-2  determination (a) notify the insurance company of his
  172-3  determination, and (b) furnish to the insurance company a written
  172-4  list of the Commissioner's requirements to abate his determination,
  172-5  and (c) if the Commissioner makes a further determination to
  172-6  supervise he shall notify the insurance company that it is under
  172-7  the supervision of the Commissioner of Insurance and that the
  172-8  Commissioner is applying and effecting the provisions of this
  172-9  Article.  Such insurance company shall comply with the lawful
 172-10  requirements of the Commissioner of Insurance.  If placed under
 172-11  supervision, the insurance company shall have not more than one
 172-12  hundred-eighty (180) <sixty (60)> days from the date of the
 172-13  Commissioner's notice of supervision to comply with the
 172-14  requirements of the Commissioner.  <The Commissioner may extend the
 172-15  supervision for an additional period not to exceed thirty (30) days
 172-16  on written determination by the Commissioner that there is a
 172-17  substantial likelihood of rehabilitation.  No hearing is required
 172-18  before the Commissioner makes the determination.>  During the
 172-19  period of supervision, the insurance company shall continue to pay
 172-20  claims according to terms of the insurance policy, and the
 172-21  Commissioner may schedule a hearing relating to the insurance
 172-22  company in supervision with not less than ten (10) days' written
 172-23  notice to all parties of record on his own motion or that of any
 172-24  party of record.  However, notice may be waived by the parties of
 172-25  record.  If after hearing it is determined that the insurance
 172-26  company has failed to comply with the lawful requirements of the
 172-27  Commissioner, it has not been rehabilitated, it is insolvent, or it
  173-1  is otherwise in such a condition as to render the continuance of
  173-2  its business hazardous to the public or to holders of its policies
  173-3  or certificates of insurance, or if the company appears to have
  173-4  exceeded its powers as defined in this Article, the Commissioner of
  173-5  Insurance, acting for himself, or through a conservator appointed
  173-6  by the Commissioner of Insurance for that purpose, shall take
  173-7  charge as conservator of the insurance company and all of the
  173-8  property and effects thereof.  If after hearing it is determined
  173-9  that the insurance company has been rehabilitated or its condition
 173-10  has otherwise been remedied such that the continuance of its
 173-11  business is no longer hazardous to the public or to holders of its
 173-12  policies or certificates of insurance, the Commissioner may release
 173-13  that insurance company from supervision.  Section 15,
 173-14  Administrative Procedure and Texas Register Act (Article 6252-13a,
 173-15  Vernon's Texas Civil Statutes), does not apply to hearings held by
 173-16  the Commissioner or his representative under this Article.
 173-17        SECTION 9.03.  Sections 3A(a) and (e), Article 21.28-A,
 173-18  Insurance Code, are amended to read as follows:
 173-19        (a)  All <Notwithstanding any other provision of law,>
 173-20  hearings, orders, notices, correspondence, reports, records, and
 173-21  other information in the possession of the Texas Department <State
 173-22  Board> of Insurance relating to the supervision <or
 173-23  conservatorship> of any insurance company are <not> confidential
 173-24  <unless the Commissioner of Insurance determines that
 173-25  confidentiality> during the <initial> period of supervision.  On
 173-26  termination of the supervision, the information in the custody of
 173-27  the department that relates to the supervision becomes public
  174-1  information <is necessary to accomplish the purposes of this
  174-2  article.  The Commissioner of Insurance shall make this
  174-3  determination of confidentiality on the date the first notice of
  174-4  supervision is given.  The period of confidentiality determined by
  174-5  the Commissioner of Insurance may not be for a period that exceeds
  174-6  60 days after the date of the Commissioner's determination>.
  174-7        (e)  An officer or employee of the Texas Department <State
  174-8  Board> of Insurance is not liable for release of information
  174-9  without a showing that the release of information was accomplished
 174-10  with actual malice.
 174-11        This section does not apply to information (1) if the
 174-12  insureds of the insurance company are not protected by Article
 174-13  9.48, 21.28-C, or 21.28-D of this code or by statutes substantially
 174-14  similar to those Articles, or (2) on the appointment of a receiver
 174-15  for the insurance company by a court of competent jurisdiction.
 174-16        SECTION 9.04.  Article 21.28-A, Insurance Code, is amended by
 174-17  adding Section 9B to read as follows:
 174-18        Sec. 9B.  REQUIRED DEPOSIT.  In addition to actions the
 174-19  commissioner may take under Section 9 of this Article with respect
 174-20  to any reasonable conditions imposed on management before return of
 174-21  a rehabilitated company, the commissioner may require the insurer
 174-22  to deposit and maintain on deposit with the State Treasury an
 174-23  amount determined by the commissioner in cash or bonds or
 174-24  securities of the United States or this state to protect
 174-25  policyholders from potential future financial impairment.  The
 174-26  commissioner by rule shall determine the factors to be considered
 174-27  in making a determination of the amount to be deposited by a
  175-1  rehabilitated insurer.
  175-2        SECTION 9.05.  Section 17(a), Article 21.28-D, Insurance
  175-3  Code, is amended to read as follows:
  175-4        (a)  There is no liability on the part of and no cause of
  175-5  action of any nature arises against any member insurer or its
  175-6  agents or employees, the association or its agents or employees,
  175-7  members of the board of directors, the receiver, the special deputy
  175-8  or its agents or employees, or the commissioner or the
  175-9  commissioner's representatives, for any <good faith> action or
 175-10  omission in the performance of powers and duties under this Act.
 175-11  This immunity extends to the participation in any organization of
 175-12  one or more other state associations of similar purposes and to any
 175-13  similar organization and its agents or employees.
 175-14          ARTICLE 10.  REGULATION OF CERTAIN LICENSE HOLDERS
 175-15        SECTION 10.01.  Subchapter A, Chapter 21, Insurance Code, is
 175-16  amended by adding Article 21.01-2 to read as follows:
 175-17        Art. 21.01-2.  GENERAL PROVISIONS APPLICABLE TO CERTAIN
 175-18  LICENSE HOLDERS
 175-19        Sec. 1.  APPLICATION.  Except as otherwise provided by this
 175-20  article, this article applies to licensing of persons under:
 175-21              (1)  Section 4, Article 1.14-2, Insurance Code;
 175-22              (2)  Section 7, Article 3.75, Insurance Code;
 175-23              (3)  Article 9.36, 9.42, or 9.43, Insurance Code;
 175-24              (4)  Section 6, Article 9.56, Insurance Code;
 175-25              (5)  Section 15 or 15A, Texas Health Maintenance
 175-26  Organization Act (Section 20A.15 or 20A.15A, Vernon's Texas
 175-27  Insurance Code);
  176-1              (6)  Article 21.07, Insurance Code;
  176-2              (7)  Chapter 213, Acts of the 54th Legislature, Regular
  176-3  Session, 1955 (Article 21.07-1, Vernon's Texas Insurance Code);
  176-4              (8)  Chapter 29, Acts of the 54th Legislature, Regular
  176-5  Session, 1955 (Article 21.07-2, Vernon's Texas Insurance Code);
  176-6              (9)  the Managing General Agents' Licensing Act
  176-7  (Article 21.07-3, Vernon's Texas Insurance Code);
  176-8              (10)  Chapter 407, Acts of the 63rd Legislature,
  176-9  Regular Session, 1973 (Article 21.07-4, Vernon's Texas Insurance
 176-10  Code);
 176-11              (11)  Article 21.07-6, Insurance Code;
 176-12              (12)  Article 21.07-7, Insurance Code;
 176-13              (13)  Article 21.09, Insurance Code;
 176-14              (14)  Article 21.11, Insurance Code;
 176-15              (15)  Article 21.14, Insurance Code;
 176-16              (16)  Article 21.14-1, Insurance Code;
 176-17              (17)  Article 21.14-2, Insurance Code; or
 176-18              (18)  Article 23.23, Insurance Code.
 176-19        Sec. 2.  RENEWAL OF LICENSES.  (a)  A person may renew an
 176-20  unexpired license by filing a renewal application with the
 176-21  department in the form prescribed by the department and paying to
 176-22  the department before the expiration date of the license the
 176-23  required renewal fee.  A renewal fee paid under this section is
 176-24  nonrefundable.
 176-25        (b)  If a person's license has been expired for 90 days or
 176-26  less, the person may renew the license by filing a renewal
 176-27  application with the department in the form prescribed by the
  177-1  department and paying to the department the required renewal fee
  177-2  and a fee that is equal to one-half of the license fee, if any, for
  177-3  the license.
  177-4        (c)  If a person's license has been expired for longer than
  177-5  90 days, the person may not renew the license.  The person may
  177-6  obtain a new license by submitting to reexamination, if examination
  177-7  is required for original issuance of the license, and complying
  177-8  with the requirements and procedures for obtaining an original
  177-9  license.  However, the department may renew without reexamination
 177-10  an expired license of a person who was licensed in this state,
 177-11  moved to another state, and is currently licensed and has been in
 177-12  practice in the other state for the two years preceding
 177-13  application.  The person must pay to the department a fee that is
 177-14  equal to the license fee.
 177-15        (d)  At least 30 days before the expiration of a person's
 177-16  license, the department shall send written notice of the impending
 177-17  license expiration to the person at the person's last known address
 177-18  according to the records of the department.
 177-19        (e)  The commissioner by rule may adopt a system under which
 177-20  licenses expire on various dates during a licensing period.  For
 177-21  the licensing period in which the license expiration is changed,
 177-22  license fees shall be prorated on a monthly basis so that each
 177-23  license holder shall pay only that portion of the license fee that
 177-24  is allocable to the number of months during which the license is
 177-25  valid.  On renewal of the license on the new expiration date, the
 177-26  total license renewal fee is payable.  The commissioner shall adopt
 177-27  a system under which a person who holds more than one license may
  178-1  renew all the licenses held in a single process.
  178-2        (f)  This section is not applicable to a license issued under
  178-3  Article 21.07-6 of this code.
  178-4        Sec. 3.  LICENSING BY ENDORSEMENT.  The department may waive
  178-5  any license requirement for an applicant with a valid license from
  178-6  another state having license requirements substantially equivalent
  178-7  to those of this state.
  178-8        Sec. 4.  CONTINUING EDUCATION.  (a)  The department may
  178-9  recognize, prepare, or administer continuing education programs for
 178-10  persons whose licenses are subject to this article.
 178-11        (b)  Except as otherwise provided by this code or another
 178-12  insurance law of this state, participation in continuing education
 178-13  programs is voluntary.
 178-14        Sec. 5.  DISCIPLINE OF LICENSE HOLDERS.  (a)  The department
 178-15  shall refuse to issue an original license, revoke, suspend, or
 178-16  refuse to renew a license, place on probation a person whose
 178-17  license has been suspended, assess an administrative penalty, or
 178-18  reprimand a license holder for a violation of this code, another
 178-19  insurance law of this state, or a rule of the commissioner or the
 178-20  board.  If a license suspension is probated, the commissioner may
 178-21  require the person to:
 178-22              (1)  report regularly to the department on matters that
 178-23  are the basis of the probation;
 178-24              (2)  limit the person's practice to the areas
 178-25  prescribed by the department; or
 178-26              (3)  continue or review professional education until
 178-27  the person attains a degree of skill satisfactory to the
  179-1  commissioner in those areas that are the basis of the probation.
  179-2        (b)  If the department proposes to refuse to issue an
  179-3  original license, or to suspend, revoke, or refuse to renew a
  179-4  license, the person affected is entitled to a hearing conducted by
  179-5  the State Office of Administrative Hearings in accordance with
  179-6  Article 1.33B of this code.  Notice of the hearing shall be
  179-7  provided to the person and to any insurance carrier appearing on
  179-8  the application as desiring that the license be issued.  The
  179-9  commissioner shall prescribe procedures by which all decisions to
 179-10  deny, suspend, or revoke a license, or to refuse to renew a
 179-11  license, are made by or are appealable to the commissioner.
 179-12        Sec. 6.  STATUTORY REFERENCES.  A reference in this article
 179-13  to a statutory provision applies to all reenactments, revisions, or
 179-14  amendments of that provision.
 179-15        SECTION 10.02.  Section 7(f), Article 3.75, Insurance Code,
 179-16  is amended to read as follows:
 179-17        (f)  Licenses which have not expired or which have not been
 179-18  suspended or revoked may be renewed by filing with the State Board
 179-19  of Insurance a completed renewal application and paying the
 179-20  nonrefundable renewal fee set by the board in an amount not to
 179-21  exceed $50 on or before the expiration date of the license in
 179-22  accordance with Article 21.01-2 of this code.  <If a license has
 179-23  been expired for not longer than 90 days, the licensee may renew
 179-24  the license by paying to the board the required nonrefundable
 179-25  renewal fee and a nonrefundable fee that is one-half of the
 179-26  original license fee.  If a license has been expired for more than
 179-27  90 days, the license may not be renewed.  A new license may be
  180-1  obtained by complying with the requirements and procedures for
  180-2  obtaining an original license.  At least 30 days before the
  180-3  expiration of a license, the commissioner shall send written notice
  180-4  of the impending license expiration to the licensee at the
  180-5  licensee's last known address.  This subsection may not be
  180-6  construed to prevent the board from denying or refusing to renew a
  180-7  license under applicable law or rules of the State Board of
  180-8  Insurance.>
  180-9        SECTION 10.03.  Article 21.01-1, Insurance Code, is amended
 180-10  to read as follows:
 180-11        Art. 21.01-1.  Agents' Qualifying Examination <to be
 180-12  Prescribed by the Board>.  (a)  The State Board of Insurance may,
 180-13  at its discretion, accept examinations administered by a testing
 180-14  service as satisfying the examination requirements of persons
 180-15  seeking license as agents, solicitors, counselors, or adjusters
 180-16  under this code.  The State Board of Insurance may negotiate
 180-17  agreements with such testing services to include performance of
 180-18  examination development, test scheduling, examination site
 180-19  arrangements, and test administration, grading, reporting and
 180-20  analysis.  The State Board of Insurance may require such testing
 180-21  services to correspond directly with the applicants with regard to
 180-22  the administration of such examinations and that such testing
 180-23  services collect fees for administering such examinations directly
 180-24  from the applicants.  The State Board of Insurance may stipulate
 180-25  that any agreements with such testing services provide for the
 180-26  administration of examinations in specific locales and at specified
 180-27  frequencies.  The State Board of Insurance shall retain the
  181-1  authority to establish the scope and type of all examinations.
  181-2  Prior to negotiating and making any agreement with any testing
  181-3  service as authorized hereby, the State Board of Insurance shall
  181-4  hold a public hearing thereon in accordance with the provisions of
  181-5  Section 5 of the Administrative Procedure and Texas Register Act
  181-6  (Article 6252-13a, Vernon's Texas Civil Statutes), and shall adopt
  181-7  such rules, regulations, and standards as may be deemed appropriate
  181-8  by the Board to implement the authority granted in this Article.
  181-9        (b)  The commissioner may appoint advisory boards consisting
 181-10  of any of the following persons:  persons holding a license for
 181-11  which the respective examinations are intended, persons who are
 181-12  employed by insurance companies appointing such licensees, persons
 181-13  acting as general agents or managers, persons teaching insurance at
 181-14  an accredited college or university in Texas, persons who are
 181-15  citizens of the State of Texas but who are not of any of the
 181-16  preceding descriptions, or any combination of such persons.  The
 181-17  function of such advisory boards will be to make recommendations to
 181-18  the State Board of Insurance or the testing service with respect to
 181-19  the scope, type, and conduct of such examinations and the times and
 181-20  places within the state where they shall be held.  The members of
 181-21  such advisory boards shall serve without pay but shall be
 181-22  reimbursed for their reasonable expenses in attending meetings of
 181-23  their respective advisory boards.
 181-24        (c)  In the absence of an agreement with a testing service,
 181-25  the State Board of Insurance shall administer any required
 181-26  qualifying examination in accordance with the provisions of the
 181-27  respective statutes governing the issuance of the license sought by
  182-1  the applicant.
  182-2        (d)  Not later than the 30th day after the date on which a
  182-3  licensing examination is administered under this code, the
  182-4  department shall notify each examinee of the results of the
  182-5  examination.  However, if an examination is graded or reviewed by a
  182-6  testing service, the department shall notify examinees of the
  182-7  results of the examination not later than the 14th day after the
  182-8  date on which the department receives the results from the testing
  182-9  service.  If the notice of examination results graded or reviewed
 182-10  by a testing service will be delayed for longer than 90 days after
 182-11  the examination date, the department shall notify the examinee of
 182-12  the reason for the delay before the 90th day.  The department may
 182-13  require a testing service to notify examinees of the results of an
 182-14  examination.
 182-15        (e)  If requested in writing by a person who fails a
 182-16  licensing examination administered under this code, the department
 182-17  shall furnish the person with an analysis of the person's
 182-18  performance on the examination.
 182-19        SECTION 10.04.  Sections 4(c) and (d), Article 1.14-2,
 182-20  Insurance Code, are amended to read as follows:
 182-21        (c)  Unless the State Board of Insurance adopts a system for
 182-22  staggered renewal of licenses, as provided by Article 21.01-2 of
 182-23  this code <this section>, each license issued under this section is
 182-24  for a two-year term that expires on December 31; however, the term
 182-25  of the initial licensing period shall expire on December 31 of the
 182-26  year following the year in which the license is issued.  A license
 182-27  may be renewed for periods of two years.
  183-1        (d)  By filing a completed written application in the form
  183-2  prescribed by the State Board of Insurance and paying the
  183-3  nonrefundable renewal fee set by the board in an amount not to
  183-4  exceed $50, an unexpired license may be renewed on or before the
  183-5  expiration date of the license.  <If a license has been expired for
  183-6  not longer than 90 days, the licensee may renew the license by
  183-7  filing a completed written application for renewal and by paying to
  183-8  the board the required nonrefundable renewal fee and a
  183-9  nonrefundable fee that is one-half of the original fee for the
 183-10  license.  If a license has been expired for more than 90 days, the
 183-11  license may not be renewed.  A new license may be obtained by
 183-12  complying with the requirements and procedures for obtaining an
 183-13  original license.  This subsection may not be construed to prevent
 183-14  the board from denying or refusing to renew a license under
 183-15  applicable law or rules of the State Board of Insurance.>
 183-16        SECTION 10.05.  Section 2(b), Article 9.36, Insurance Code,
 183-17  is amended to read as follows:
 183-18        (b)  Unless a staggered renewal system is adopted under
 183-19  Article 21.01-2 of this code and its subsequent amendments <Section
 183-20  5 of this article>, a license shall continue in force until June 1
 183-21  after the second anniversary of the date on which the license was
 183-22  issued unless previously cancelled.
 183-23        SECTION 10.06.  Sections B and E, Article 9.37, Insurance
 183-24  Code, are amended to read as follows:
 183-25        B.  The department may discipline <license of> any agent or
 183-26  direct operation or deny an application under Section 5, Article
 183-27  21.01-2, of this code and its subsequent amendments <may be denied,
  184-1  or a license duly issued may be suspended or revoked or a renewal
  184-2  thereof refused by the Board,> if<, after notice and hearing as
  184-3  hereafter provided,> it finds that the applicant for or holder of
  184-4  such license:
  184-5              (1)  Has wilfully violated any provision of this Act;
  184-6  <or>
  184-7              (2)  Has intentionally made a material misstatement in
  184-8  the application for such license; <or>
  184-9              (3)  Has obtained, or attempted to obtain, such license
 184-10  by fraud or misrepresentation; <or>
 184-11              (4)  Has misappropriated or converted to his own use or
 184-12  illegally withheld money belonging to a title insurance company, an
 184-13  insured or any other person; <or>
 184-14              (5)  <Has otherwise demonstrated lack of
 184-15  trustworthiness or competence to act as an agent or direct
 184-16  operation; or>
 184-17              <(6)>  Has been guilty of fraudulent or dishonest
 184-18  practices; <or>
 184-19              (6) <(7)>  Has materially misrepresented the terms and
 184-20  conditions of title insurance policies or contracts; or
 184-21              (7) <(8)  Is not of good character or reputation; or>
 184-22              <(9)>  Has failed to maintain a separate and distinct
 184-23  accounting of escrow funds, and has failed to maintain an escrow
 184-24  bank account or accounts separate and apart from all other
 184-25  accounts.
 184-26        E.  A disciplinary action or denial of an application under
 184-27  this article may be appealed under Article 1.04 of this code and
  185-1  its subsequent amendments, except that judicial review of the
  185-2  disciplinary <If the Board shall refuse an application for any
  185-3  license provided for in this Act, or shall suspend, revoke or
  185-4  refuse to renew any such license at said hearing, then any such
  185-5  applicant or licensee, and any title insurance company or companies
  185-6  concerned, may appeal from said order by filing suit against the
  185-7  Board as defendant in any of the District Courts of Travis County,
  185-8  Texas, and not elsewhere, within twenty (20) days from the date of
  185-9  the order of said Board.  The> action shall not be limited to
 185-10  questions of law and shall be tried and determined upon a trial de
 185-11  novo to the same extent as now provided for in the case of an
 185-12  appeal from the justice court to the county court.  <Any party to
 185-13  said action may appeal to the appellate court having jurisdiction
 185-14  of said cause, and said appeal shall be at once returnable to said
 185-15  appellate court having jurisdiction of said cause and said action
 185-16  so appealed shall have precedence in said appellate court over all
 185-17  causes of a different character therein pending.  The Board shall
 185-18  not be required to give any appeal bond in any cause arising
 185-19  hereunder.>
 185-20        SECTION 10.07.  Section 1(b), Article 9.42, Insurance Code,
 185-21  is amended to read as follows:
 185-22        (b)  Unless a system of staggered renewal is adopted under
 185-23  Article 21.01-2 of this code and its subsequent amendments <Section
 185-24  2 of this article>, a license shall continue in force until the
 185-25  second June 1 after its issuance, unless previously cancelled.
 185-26  Provided, however, that if any title insurance agent or direct
 185-27  operation surrenders its license or has its license revoked by the
  186-1  Board, all existing licenses of its escrow officers shall
  186-2  automatically terminate without notice.
  186-3        SECTION 10.08.  Section B, Article 9.43, Insurance Code, is
  186-4  amended to read as follows:
  186-5        B.  Such application shall contain the following:
  186-6              (1)  that the proposed escrow officer is a natural
  186-7  person, a bona fide resident of the State of Texas, and either an
  186-8  attorney or a bona fide employee of an attorney licensed as an
  186-9  escrow officer, a bona fide employee of a title insurance agent, or
 186-10  a bona fide employee of a direct operation;
 186-11              (2)  that the proposed escrow officer has reasonable
 186-12  experience or instruction in the field of title insurance; and
 186-13              (3)  that <the proposed escrow officer is known to the
 186-14  direct operation or title insurance agent to have a good business
 186-15  reputation and is worthy of the public trust and> the direct
 186-16  operation or title insurance agent knows of no fact or condition
 186-17  which would disqualify the proposed escrow officer from receiving a
 186-18  license.
 186-19        SECTION 10.09.  Sections 2 and 5, Article 9.44, Insurance
 186-20  Code, are amended to read as follows:
 186-21        Sec. 2.  The department may discipline an <license of any>
 186-22  escrow officer or deny an application under Section 5, Article
 186-23  21.01-2, of this code and its subsequent amendments <may be denied,
 186-24  or a license duly issued may be suspended or revoked or a renewal
 186-25  thereof refused by the Board,> if<, after notice and hearing as
 186-26  hereafter provided,> it finds that the applicant for or holder of
 186-27  such license:
  187-1              (1)  has wilfully violated any provision of this Act;
  187-2              (2)  has intentionally made a material misstatement in
  187-3  the application for such license;
  187-4              (3)  has obtained, or attempted to obtain, such license
  187-5  by fraud or misrepresentation;
  187-6              (4)  has misappropriated or converted to the escrow
  187-7  officer's own use or illegally withheld money belonging to a direct
  187-8  operation, title insurance agent, or any other person;
  187-9              (5)  <has otherwise demonstrated lack of
 187-10  trustworthiness or competence to act as escrow officer;>
 187-11              <(6)>  has been guilty of fraudulent or dishonest
 187-12  practices;
 187-13              (6) <(7)>  has materially misrepresented the terms and
 187-14  conditions of title insurance policies or contracts;
 187-15              <(8)  is not of good character or reputation;> or
 187-16              (7) <(9)>  has failed to complete all educational
 187-17  requirements.
 187-18        Sec. 5.  A disciplinary action or denial of an application
 187-19  under this article may be appealed under Article 1.04 of this code
 187-20  and its subsequent amendments, except that judicial review of the
 187-21  <If the Board shall refuse an application for any license provided
 187-22  for in this Article, or shall suspend, revoke or refuse to renew
 187-23  any such license at said hearing, then any such applicant may
 187-24  appeal from said order by filing suit against the Board as
 187-25  defendant in any of the District Courts of Travis County, Texas,
 187-26  and not elsewhere, within twenty (20) days from the date of the
 187-27  order of said Board.  The> action shall not be limited to questions
  188-1  of law and shall be tried and determined upon a trial de novo to
  188-2  the same extent as now provided for in the case of an appeal from
  188-3  the justice court to the county court.  <Either party to said
  188-4  action may appeal to the appellate court having jurisdiction of
  188-5  said cause, and said appeal shall be at once returnable to said
  188-6  appellate court having jurisdiction of said cause and said action
  188-7  so appealed shall have precedence in said appellate court over all
  188-8  causes of a different character therein pending.  The Board shall
  188-9  not be required to give any appeal bond in any cause arising
 188-10  hereunder.>
 188-11        SECTION 10.10.  Section 6(b), Article 9.56, Insurance Code,
 188-12  is amended to read as follows:
 188-13        (b)  Unless a system of staggered renewal is adopted under
 188-14  Article 21.01-2 of this code and its subsequent amendments
 188-15  <Subsection (d) of this section>, on or before the first day of
 188-16  June of each year, every attorney's title insurance company
 188-17  operating under the provisions of this Chapter 9 shall certify to
 188-18  the board, on forms provided by the board, the names and addresses
 188-19  of every title attorney of said attorney's title insurance company,
 188-20  and shall apply for and pay a fee in an amount not to exceed $50 as
 188-21  determined by the board for an annual license in the name of each
 188-22  title attorney included in said list; if any such attorney's title
 188-23  insurance company shall terminate any licensed title attorney, it
 188-24  shall immediately notify the board in writing of such act and
 188-25  request cancellation of such license, notifying the title attorney
 188-26  of such action.  No such attorney's title insurance company shall
 188-27  permit any title attorney appointed by it to write, sign, or
  189-1  deliver title insurance policies within the state until the
  189-2  foregoing conditions have been complied with, and the board has
  189-3  granted said license.  The board shall deliver such license to the
  189-4  attorney's title insurance company for transmittal to the title
  189-5  attorney.
  189-6        Unless a system of staggered renewal is adopted under Article
  189-7  21.01-2 of this code and its subsequent amendments <Subsection (d)
  189-8  of this section>, licenses shall continue until the first day of
  189-9  the next June unless previously cancelled; provided, however, that
 189-10  if any attorney's title insurance company surrenders or has its
 189-11  certificate of authority revoked by the board, all existing
 189-12  licenses of its title attorneys shall automatically terminate
 189-13  without notice.
 189-14        The board shall keep a record of the names and addresses of
 189-15  all licensed title attorneys in such manner that the title
 189-16  attorneys appointed by any attorney's title insurance company
 189-17  authorized to transact the business of an attorney's title
 189-18  insurance company within the State of Texas may be conveniently
 189-19  ascertained and inspected by any person upon request.
 189-20        SECTION 10.11.  Sections 8(b) and (e), Article 9.56,
 189-21  Insurance Code, are amended to read as follows:
 189-22        (b)  The department may discipline a <license of any> title
 189-23  attorney or deny an application under Section 5, Article 21.01-2,
 189-24  of this code and its subsequent amendments <may be denied, or a
 189-25  license duly issued may be suspended or revoked or a renewal
 189-26  thereof refused by the board,> if<, after notice and hearing as
 189-27  hereafter provided,> it finds that the applicant for or holder of
  190-1  such license:
  190-2              (1)  has wilfully violated any provision of this
  190-3  Chapter 9; <or>
  190-4              (2)  has intentionally made a material misstatement in
  190-5  the application for such license; <or>
  190-6              (3)  has obtained, or attempted to obtain, such license
  190-7  by fraud or misrepresentation; <or>
  190-8              (4)  has misappropriated or converted to his own use or
  190-9  illegally withheld money belonging to an attorney's title insurance
 190-10  company, an insured, or any other person; <or>
 190-11              (5)  <has otherwise demonstrated lack of
 190-12  trustworthiness or competence to act as a title attorney; or>
 190-13              <(6)>  has been guilty of fraudulent or dishonest
 190-14  practices; <or>
 190-15              (6) <(7)>  has materially misrepresented the terms and
 190-16  conditions of title insurance policies or contracts; <or>
 190-17              <(8)  is not of good character or reputation; or>
 190-18              (7) <(9)>  has failed to maintain a separate and
 190-19  distinct accounting of escrow funds, and has failed to maintain an
 190-20  escrow bank account or accounts separate and apart from all other
 190-21  accounts; <or>
 190-22              (8) <(10)>  has failed to remain a member of the State
 190-23  Bar of Texas, or has been disbarred; or
 190-24              (9) <(11)>  is no longer actively engaged in the
 190-25  practice of law.
 190-26        (e)  A disciplinary action or denial of an application under
 190-27  this article may be appealed under Article 1.04 of this code and
  191-1  its subsequent amendments, except that judicial review of the <If
  191-2  the board shall refuse an application for any license provided for
  191-3  in this Act, or shall suspend, revoke, or refuse to renew any such
  191-4  license at said hearing, then any such applicant or licensee, and
  191-5  any attorney's title insurance company concerned, may appeal from
  191-6  said order by filing suit against the board as defendant in any of
  191-7  the district courts of Travis County, Texas, and not elsewhere,
  191-8  within 20 days from the date of the order of said board.  The>
  191-9  action shall not be limited to questions of law and shall be tried
 191-10  and determined upon a trial de novo to the same extent as now
 191-11  provided for in the case of an appeal from the justice court to the
 191-12  county court.  <Any party to said action may appeal to the
 191-13  appellate court having jurisdiction of said cause, and said appeal
 191-14  shall be at once returnable to said appellate court having
 191-15  jurisdiction of said cause and said action so appealed shall have
 191-16  precedence in said appellate court over all causes of a different
 191-17  character therein pending.  The board shall not be required to give
 191-18  any appeal bond in any cause arising hereunder.>
 191-19        SECTION 10.12.  Chapter 10, Insurance Code, is amended by
 191-20  adding Article 10.37-2 to read as follows:
 191-21        Art. 10.37-2.  CERTAIN PERSONS MAY NOT SOLICIT.  A fraternal
 191-22  benefit society may not employ or otherwise retain a person to
 191-23  solicit business if that person has had a license revoked under
 191-24  Articles 21.07 or 21.14, Insurance Code, or under Chapter 213, Acts
 191-25  of the 54th Legislature, Regular Session, 1955 (Article 21.07-1,
 191-26  Vernon's Texas Insurance Code).
 191-27        SECTION 10.13.  Section 15(c), Texas Health Maintenance
  192-1  Organization Act (Section 20A.15, Vernon's Texas Insurance Code),
  192-2  is amended to read as follows:
  192-3        (c)  Except as may be provided by a staggered renewal system
  192-4  adopted under Article 21.01-2, Insurance Code, and its subsequent
  192-5  amendments <Subsection (i) of this section>, each license issued to
  192-6  a health maintenance organization agent shall expire two years
  192-7  following the date of issue, unless prior thereto it is suspended
  192-8  or revoked by the commissioner or the authority of the agent to act
  192-9  for the health maintenance organization is terminated.
 192-10        SECTION 10.14.  Sections 15A(c) and (i), Texas Health
 192-11  Maintenance Organization Act (Section 20A.15A, Vernon's Texas
 192-12  Insurance Code), are amended to read as follows:
 192-13        (c)  Except as may be provided by a staggered renewal system
 192-14  adopted under Article 21.01-2, Insurance Code, and its subsequent
 192-15  amendments <Section 15(i) of this Act>, each license issued to a
 192-16  health maintenance organization agent under this section shall
 192-17  expire two years following the date of issuance, unless before that
 192-18  time the license is suspended or revoked by the commissioner or the
 192-19  authority of the agent to act for the health maintenance
 192-20  organization is terminated.
 192-21        (i)  A licensee may renew an unexpired license issued under
 192-22  this section by filing the required renewal application and paying
 192-23  a nonrefundable fee with the State Board of Insurance on or before
 192-24  the expiration date of the license.  <If a license has been expired
 192-25  for not longer than 90 days, the licensee may renew the license by
 192-26  filing a completed application and paying to the State Board of
 192-27  Insurance the required nonrefundable renewal fee and a
  193-1  nonrefundable fee that is one-half of the original license fee.  If
  193-2  a license has been expired for more than 90 days, the license may
  193-3  not be renewed.  A new license may be obtained by complying with
  193-4  the requirements and procedures for obtaining an original license.
  193-5  At least 30 days before the expiration of a license, the
  193-6  commissioner shall send written notice of the impending license
  193-7  expiration to the licensee at the licensee's last known address.
  193-8  This section does not prevent the State Board of Insurance from
  193-9  denying or refusing to renew a license under applicable law or
 193-10  rules.>
 193-11        SECTION 10.15.  Article 21.06, Insurance Code, is amended to
 193-12  read as follows:
 193-13        Art. 21.06.  Certificates for Agents.  Each such foreign
 193-14  insurance company shall, by resolution of its board of directors,
 193-15  designate some officer or agent who is empowered to appoint or
 193-16  employ its agents or solicitors in this State, and such officer or
 193-17  agent shall promptly notify the Board in writing of the name, title
 193-18  and address of each person so appointed or employed.  Upon receipt
 193-19  of this notice, <if such person is of good reputation and
 193-20  character,> the Board shall issue to him a certificate which shall
 193-21  include a copy of the certificate of authority authorizing the
 193-22  company requesting it to do business in this State, and the name
 193-23  and title of the person to whom the certificate is issued.  Such
 193-24  certificate, unless sooner revoked by the Board for cause or
 193-25  cancelled at the request of the company employing the holder
 193-26  thereof, shall continue in force until the first day of March next
 193-27  after its issuance, and must be renewed annually.
  194-1        SECTION 10.16.  Section 1, Article 21.07, Insurance Code, is
  194-2  amended by adding Subsection (c) to read as follows:
  194-3        (c)  A person who has had a license revoked under Section 10
  194-4  of this article may not solicit or otherwise transact business
  194-5  under Chapter 10 of this code.
  194-6        SECTION 10.17.  Section 2(b), Article 21.07, Insurance Code,
  194-7  is amended to read as follows:
  194-8        (b)  The application must bear a signed endorsement by an
  194-9  officer or properly authorized representative of the insurance
 194-10  carrier that the individual applicant or each member of the
 194-11  partnership or each officer, director, and shareholder of the
 194-12  corporation is <trustworthy, of good character and good reputation,
 194-13  and> qualified to hold himself or the partnership or the
 194-14  corporation out in good faith to the general public as an insurance
 194-15  agent, and that the insurance carrier desires that the applicant
 194-16  act as an insurance agent to represent it in this State.
 194-17        SECTION 10.18.  Section 3, Article 21.07, Insurance Code, is
 194-18  amended to read as follows:
 194-19        Sec. 3.  Issuance of License Under Certain Circumstances.
 194-20  The <After the State Board of Insurance has determined that such
 194-21  applicant is of good character and trustworthy, the> State Board of
 194-22  Insurance shall issue a license to a <such> person or corporation
 194-23  in such form as it may prepare authorizing such applicant to write
 194-24  the types of insurance authorized by law to be issued by
 194-25  applicant's appointing insurance carrier, except that:
 194-26              (a)  Such applicant shall not be authorized to write
 194-27  health and accident insurance unless:  (i) applicant, if not a
  195-1  partnership or corporation, shall have first passed a written
  195-2  examination as provided for in this Article 21.07, as amended, or
  195-3  (ii) applicant will act only as a ticket-selling agent of a public
  195-4  carrier with respect to accident life insurance covering risks of
  195-5  travel or as an agent selling credit life, health and accident
  195-6  insurance issued exclusively in connection with credit
  195-7  transactions, or (iii) applicant will write policies or riders to
  195-8  policies providing only lump sum cash benefits in the event of the
  195-9  accidental death, or death by accidental means, or dismemberment,
 195-10  or providing only ambulance expense benefits in the event of
 195-11  accident or sickness; and
 195-12              (b)  Such applicant, if not a partnership or
 195-13  corporation, shall not be authorized to write life insurance in
 195-14  excess of $7,500 <$5,000> upon any one life unless:  (i) applicant,
 195-15  if not a partnership or corporation, shall have first passed a
 195-16  written examination as provided for in this Article 21.07, as
 195-17  amended, or (ii) applicant will act only as a ticket-selling agent
 195-18  of a public carrier with respect to accident life insurance
 195-19  covering risks of travel or as an agent selling credit life, health
 195-20  and accident insurance issued exclusively in connection with credit
 195-21  transactions, or (iii) applicant will write policies or riders to
 195-22  policies providing only lump sum cash benefits in the event of the
 195-23  accidental death, or death by accidental means, or dismemberment,
 195-24  or providing only ambulance expense benefits in the event of
 195-25  accident or sickness.
 195-26        SECTION 10.19.  Section 4(c), Article 21.07, Insurance Code,
 195-27  is amended to read as follows:
  196-1        (c)  After the State Board of Insurance shall determine that
  196-2  such applicant has successfully passed the written examination or
  196-3  it has been waived, <and is a person of good character and
  196-4  reputation,> the State Board of Insurance shall forthwith issue a
  196-5  license to such applicant which shall also authorize such applicant
  196-6  to write health and accident insurance for the designated insurance
  196-7  carrier.
  196-8        SECTION 10.20.  Sections 4A(a), (c), and (e), Article 21.07,
  196-9  Insurance Code, are amended to read as follows:
 196-10        (a)  Each applicant for a license under the provisions of
 196-11  this Article 21.07, Insurance Code, as amended, who desires to
 196-12  write life insurance in excess of $7,500 <$5,000> upon any one
 196-13  life, other than as excepted in Section 3 of this  Article 21.07,
 196-14  within this state shall submit to a personal written examination
 196-15  prescribed by the State Board of Insurance and administered in the
 196-16  English or Spanish language to determine his competency with
 196-17  respect to life insurance and his familiarity with the pertinent
 196-18  provisions of the laws of the State of Texas relating to life
 196-19  insurance and shall pass the same to the satisfaction of the State
 196-20  Board of Insurance; except that no written examination shall be
 196-21  required of an applicant that is a partnership or corporation.
 196-22        (c)  After the State Board of Insurance shall determine that
 196-23  such applicant has successfully passed the written examination or
 196-24  it has been waived <and is a person of good character and
 196-25  reputation>, the State Board of Insurance shall forthwith issue a
 196-26  license to such applicant which shall also authorize such applicant
 196-27  to write life insurance upon any one life in excess of $7,500 <Five
  197-1  Thousand Dollars ($5,000.00)> for the designated insurance carrier.
  197-2        (e)  When any license shall be issued by the State Board of
  197-3  Insurance to an applicant entitled to write life insurance upon any
  197-4  one life in excess of $7,500 <Five Thousand Dollars ($5,000.00)>,
  197-5  the license shall have stamped thereon the words, "Life Insurance
  197-6  in Excess of $7,500 <$5,000.00>."
  197-7        SECTION 10.21.  Sections 5, 8, and 11, Article 21.07,
  197-8  Insurance Code, are amended to read as follows:
  197-9        Sec. 5.  Failure of Applicant to Qualify for License.  If
 197-10  <the State Board of Insurance is not satisfied that> the applicant
 197-11  for a license <is trustworthy and of good character, or, if
 197-12  applicable, that the applicant>, if required to do so, has not
 197-13  passed the written examination to the satisfaction of the State
 197-14  Board of Insurance, the State Board of Insurance shall forthwith
 197-15  notify the applicant and the insurance carrier in writing that the
 197-16  license will not be issued to the applicant.
 197-17        Sec. 8.  Temporary license.  The department<, if it is
 197-18  satisfied with the honesty and trustworthiness of any applicant who
 197-19  desires to write health and accident insurance,> may issue a
 197-20  temporary agent's license, authorizing the applicant to write
 197-21  health and accident insurance, as well as all other insurance
 197-22  authorized to be written by the appointing insurance carrier,
 197-23  effective for ninety (90) days, without requiring the applicant to
 197-24  pass a written examination, as follows:
 197-25              To any applicant who has been appointed or who is being
 197-26  considered for appointment as an agent by an insurance carrier
 197-27  authorized to write health and accident insurance immediately upon
  198-1  receipt by the department of an application executed by such person
  198-2  in the form required by this Article, together with a nonrefundable
  198-3  filing fee of $100 and a certificate signed by an officer or
  198-4  properly authorized representative of such insurance carrier
  198-5  certifying:
  198-6                    (a)  <that such insurance carrier has
  198-7  investigated the character and background of such person and is
  198-8  satisfied that he is trustworthy and of good character;>
  198-9                    <(b)>  that such person has been appointed or is
 198-10  being considered for appointment by such insurance carrier as its
 198-11  agent; and
 198-12                    (b) <(c)>  that such insurance carrier desires
 198-13  that such person be issued a temporary license; provided that if
 198-14  such temporary license shall not have been received from the
 198-15  department within seven days from the date on which the application
 198-16  and certificate were delivered to or mailed to the department, the
 198-17  insurance carrier may assume that such temporary license will be
 198-18  issued in due course and the applicant may proceed to act as an
 198-19  agent; provided, however, that no temporary license shall be
 198-20  renewable or issued more than once in a consecutive six months
 198-21  period to the same applicant; and provided further, that no
 198-22  temporary license shall be granted to any person who does not
 198-23  intend to actively sell health and accident insurance to the public
 198-24  generally and it is intended to prohibit the use of a temporary
 198-25  license to obtain commissions from sales to persons of family
 198-26  employment or business relationships to the temporary licensee, to
 198-27  accomplish which purposes an insurance carrier is hereby prohibited
  199-1  from knowingly paying directly or indirectly to the holder of a
  199-2  temporary license under this Section any commissions on the sale of
  199-3  a contract of health and accident insurance to any person related
  199-4  to temporary licensee by blood or marriage, and the holder of a
  199-5  temporary license is hereby prohibited from receiving or accepting
  199-6  commissions on the sale of a contract of health and accident
  199-7  insurance to any person included in the foregoing classes of
  199-8  relationship.
  199-9        Sec. 11.  Judicial review of acts of State Board of
 199-10  Insurance.  If the commissioner refuses an application for license
 199-11  as provided by this Article, or suspends, revokes, or refuses to
 199-12  renew a license at a hearing as provided by this Article, <and this
 199-13  action is upheld on review to the Board as provided by this code,>
 199-14  and if the applicant or accused is dissatisfied with the action of
 199-15  the commissioner <and the Board>, the applicant or accused may
 199-16  appeal from the action as provided by <Section (f),> Article
 199-17  1.04<,> of this code.
 199-18        SECTION 10.22.  Section 10(a), Article 21.07, Insurance Code,
 199-19  is amended to read as follows:
 199-20        (a)  The department may discipline a <A> license holder or
 199-21  deny an application under Section 5, Article 21.01-2, of this code
 199-22  <may be denied, or a license duly issued may be suspended or
 199-23  revoked or the renewal thereof refused by the State Board of
 199-24  Insurance> if<, after notice and hearing as hereafter provided,> it
 199-25  finds that the applicant, individually or through any officer,
 199-26  director, or shareholder, for, or holder of, such license:
 199-27              (1)  Has wilfully violated any provision of the
  200-1  insurance laws of this State; <or>
  200-2              (2)  Has intentionally made a material misstatement in
  200-3  the application for such license; <or>
  200-4              (3)  Has obtained, or attempted to obtain, such license
  200-5  by fraud or misrepresentation; <or>
  200-6              (4)  Has misappropriated or converted to his or its own
  200-7  use or illegally withheld money belonging to an insurance carrier
  200-8  or an insured or beneficiary; <or>
  200-9              (5)  <Has otherwise demonstrated lack of
 200-10  trustworthiness or competence to act as an agent; or>
 200-11              <(6)>  Has been guilty of fraudulent or dishonest
 200-12  practices; <or>
 200-13              (6) <(7)>  Has materially misrepresented the terms and
 200-14  conditions of any insurance policy or contract; <or>
 200-15              (7) <(8)>  Has made or issued, or caused to be made or
 200-16  issued, any statement misrepresenting or making incomplete
 200-17  comparisons regarding the terms or conditions of any insurance
 200-18  contract legally issued by any insurance carrier, for the purpose
 200-19  of inducing or attempting to induce the owner of such contract to
 200-20  forfeit or surrender such contract or allow it to lapse for the
 200-21  purpose of replacing such contract with another; <or>
 200-22              <(9)  Is not of good character or reputation;> or
 200-23              (8) <(10)>  Is convicted of a felony.
 200-24        SECTION 10.23.  Section 19(b), Article 21.07, Insurance Code,
 200-25  is amended to read as follows:
 200-26        (b)  The State Board of Insurance may, upon request of such
 200-27  insurer on application forms furnished by the State Board of
  201-1  Insurance and upon payment of a nonrefundable license fee in an
  201-2  amount not to exceed $50 as determined by the State Board of
  201-3  Insurance, issue such license to such person which will be valid
  201-4  only for such limited representation of such insurer as provided
  201-5  herein.  The application shall be accompanied by a certificate, on
  201-6  forms to be prescribed and furnished by the State Board of
  201-7  Insurance and signed by an officer or properly authorized
  201-8  representative of the insurance company the applicant proposes to
  201-9  represent, stating that the insurance company <has investigated the
 201-10  character and background of the applicant and is satisfied that the
 201-11  applicant is trustworthy and qualified to hold himself out in good
 201-12  faith as an insurance agent, and that the insurance company>
 201-13  desires that the applicant act as an insurance agent to represent
 201-14  the insurance company.  The insurer shall also certify to the State
 201-15  Board of Insurance that it has provided the applicant with at least
 201-16  forty (40) hours of training, has tested the applicant and found
 201-17  the applicant qualified to represent the insurer, and that the
 201-18  insurer is willing to be bound by the acts of such applicant within
 201-19  the scope of such limited representation.
 201-20        SECTION 10.24.  Section 3, Chapter 213, Acts of the 54th
 201-21  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
 201-22  Insurance Code), is amended by adding Subsection (c) to read as
 201-23  follows:
 201-24        (c)  A person who has had a license revoked under Section 12
 201-25  of this Act may not solicit or otherwise transact business under
 201-26  Chapter 10 of this code.
 201-27        SECTION 10.25.  Section 4(b), Chapter 213, Acts of the 54th
  202-1  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
  202-2  Insurance Code), is amended to read as follows:
  202-3        (b)  The application shall be accompanied by a certificate on
  202-4  forms furnished by the Commissioner and signed by an officer or
  202-5  properly authorized representative of the life insurance company
  202-6  the applicant proposes to represent, stating that <the insurer has
  202-7  investigated the character and background of the applicant and is
  202-8  satisfied that the applicant or the partners of the partnership or
  202-9  the officers, directors, and shareholders of the corporation are
 202-10  trustworthy and qualified to act as a life insurance agent, that>
 202-11  the applicant has completed the educational requirements as
 202-12  provided in this Act, and that the insurer desires that the
 202-13  applicant be licensed as a life insurance agent to represent it in
 202-14  this State.
 202-15        SECTION 10.26.  Section 6, Chapter 213, Acts of the 54th
 202-16  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
 202-17  Insurance Code), is amended to read as follows:
 202-18        Sec. 6.  Issuance or Denial of License.  After <If the
 202-19  Commissioner is satisfied that the applicant is trustworthy and
 202-20  competent and after> the applicant, if required to do so, has
 202-21  passed the written examination to the satisfaction of the
 202-22  Commissioner, a license shall be issued forthwith.  If the license
 202-23  is denied for any of the reasons set forth in Section 12 of this
 202-24  Act, the Commissioner shall notify the applicant and the insurer in
 202-25  writing that the license will not be issued to the applicant.
 202-26        SECTION 10.27.  Section 9(a), Chapter 213, Acts of the 54th
 202-27  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
  203-1  Insurance Code), is amended to read as follows:
  203-2        (a)  Except as may be provided by a staggered renewal system
  203-3  adopted under Article 21.01-2, Insurance Code <Subsection (e) of
  203-4  this section>, each license issued to a life insurance agent shall
  203-5  expire two years following the date of issue, unless prior thereto
  203-6  it is suspended or revoked by the Commissioner.
  203-7        SECTION 10.28.  Section 10, Chapter 213, Acts of the 54th
  203-8  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
  203-9  Insurance Code), is amended to read as follows:
 203-10        Sec. 10.  Temporary License.  (a)  The department<, if it is
 203-11  satisfied with the honesty and trustworthiness of the applicant,>
 203-12  may issue a temporary life insurance agent's license, effective for
 203-13  ninety days, without requiring the applicant to pass a written
 203-14  examination, as follows:
 203-15              (1) <(a)>  To an applicant who has fulfilled the
 203-16  provisions of Section 4 of this Act where such applicant will
 203-17  actually collect the premiums on industrial life insurance
 203-18  contracts during the period of such temporary license; provided,
 203-19  however, that if such temporary license is not received from the
 203-20  department within seven days from the date the application was sent
 203-21  to the department, the company may assume that the temporary
 203-22  license will be issued in due course and the applicant may proceed
 203-23  to act as an agent.  For the purpose of this subsection an
 203-24  industrial life insurance contract shall mean a contract for which
 203-25  the premiums are payable at monthly or more frequent intervals
 203-26  directly by the owner thereof, or by a person representing the
 203-27  owner, to a representative of the company;
  204-1              (2) <(b)>  To any person who is being considered for
  204-2  appointment as an agent by an insurer immediately upon receipt by
  204-3  the department of an application executed by such person in the
  204-4  form required by Section 4 of this Act, together with a
  204-5  nonrefundable filing fee of $100 and a certificate signed by an
  204-6  officer or properly authorized representative of such insurer
  204-7  stating:
  204-8                    (A) <(1)  that such insurer has investigated the
  204-9  character and background of such person and is satisfied that he is
 204-10  trustworthy;>
 204-11                    <(2)>  that such person is being considered for
 204-12  appointment by such insurer as its full-time agent; <and>
 204-13                    (B) <(3)>  that such insurer desires that such
 204-14  person be issued a temporary license; provided that if such
 204-15  temporary license shall not have been received from the department
 204-16  within seven days from the date on which the application and
 204-17  certificate were delivered to or mailed to the department the
 204-18  insurer may assume that such temporary license will be issued in
 204-19  due course and the applicant may proceed to act as an agent;
 204-20  provided, however, that no temporary license shall be renewable nor
 204-21  issued more than once in a consecutive six months period to the
 204-22  same applicant; and provided further, that no temporary license
 204-23  shall be granted to any person who does not intend to apply for a
 204-24  license to sell life insurance to the public generally and it is
 204-25  intended to prohibit the use of a temporary license to obtain
 204-26  commissions from sales to persons of family employment or business
 204-27  relationships to the temporary licensee, to accomplish which
  205-1  purposes an insurer is hereby prohibited from knowingly paying
  205-2  directly or indirectly to the holder of a temporary license under
  205-3  this subsection any commissions on the sale of a contract of
  205-4  insurance on the life of the temporary licensee, or on the life of
  205-5  any person related to him by blood or marriage, or on the life of
  205-6  any person who is or has been during the past six months his
  205-7  employer either as an individual or as a member of a partnership,
  205-8  association, firm or corporation, or on the life of any person who
  205-9  is or who has been during the past six months his employee, and the
 205-10  holder of a temporary license is hereby prohibited from receiving
 205-11  or accepting commissions on the sale of a contract of insurance to
 205-12  any person included in the foregoing classes of relationship;
 205-13                    (C) <(4)>  that a person who has been issued a
 205-14  temporary license under this subsection and is acting under the
 205-15  authority of the temporary license may not engage in any insurance
 205-16  solicitation, sale, or other agency transaction that results in or
 205-17  is intended to result in the replacement of any existing individual
 205-18  life insurance policy form or annuity contract that is in force or
 205-19  receive, directly or indirectly, any commission or other
 205-20  compensation that may or does result from such solicitation, sale,
 205-21  or other agency transaction; and that any person holding a
 205-22  permanent license may not circumvent or attempt to circumvent the
 205-23  intent of this subdivision by acting for or with a person holding
 205-24  such a temporary license.  As used in this subdivision,
 205-25  "replacement" means any transaction in which a new life insurance
 205-26  or annuity contract is to be purchased, and it is known or should
 205-27  be known to the temporary agent that by reason of the solicitation,
  206-1  sale, or other transaction the existing life insurance or annuity
  206-2  contract has been or is to be:
  206-3                          (i) <(A)>  lapsed, forfeited, surrendered,
  206-4  or otherwise terminated;
  206-5                          (ii) <(B)>  converted to reduced paid-up
  206-6  insurance, continued as extended term insurance, or otherwise
  206-7  reduced in value by the use of nonforfeiture benefits or other
  206-8  policy values;
  206-9                          (iii) <(C)>  amended so as to effect either
 206-10  a reduction in benefits or in the term for which coverage would
 206-11  otherwise remain in force or for which benefits would be paid;
 206-12                          (iv) <(D)>  reissued with any reduction in
 206-13  cash value; or
 206-14                          (v) <(E)>  pledged as collateral or
 206-15  subjected to borrowing, whether in a single loan or under a
 206-16  schedule of borrowing over a period of time for amounts in the
 206-17  aggregate exceeding 25 percent of the loan value set forth in the
 206-18  policy; and
 206-19                    (D) <(5)>  that such person will complete, under
 206-20  such insurer's supervision, at least forty hours of training as
 206-21  prescribed by Subsection (c) of this Section within fourteen days
 206-22  from the date on which the application and certificate were
 206-23  delivered or mailed to the department.
 206-24        (b) <(6)>  The department shall have the authority to cancel,
 206-25  suspend, or revoke the temporary appointment powers of any life
 206-26  insurance company, if, after notice and hearing, he finds that such
 206-27  company has abused such temporary appointment powers.  In
  207-1  considering such abuse, the department may consider, but is not
  207-2  limited to, the number of temporary appointments made by a company
  207-3  as provided by Subsection (f) <(e)> of this Section, the percentage
  207-4  of appointees sitting for the examination as life insurance agents
  207-5  under this Article as it may be in violation of Subsection (e)
  207-6  <(d)> of this Section, and the number of appointees successfully
  207-7  passing said examination in accordance with Subsection (e) <(d)>.
  207-8  Appeals from the department's decision shall be made in accordance
  207-9  with Section 13 hereof.
 207-10        (c)  At least forty hours of training must be administered to
 207-11  any applicant for a temporary license as herein defined within
 207-12  fourteen days from the date on which the application and
 207-13  certificate were delivered or mailed to the department.  Of this
 207-14  forty-hour requirement, ten hours must be taught in a classroom
 207-15  setting, including but not limited to an accredited college,
 207-16  university, junior or community college, business school, or
 207-17  private institute or classes sponsored by the insurer and
 207-18  especially established for this purpose.  Such training program
 207-19  shall be constructed so as to provide an applicant with the basic
 207-20  knowledge of:
 207-21              (1)  the broad principles of insurance, licensing, and
 207-22  regulatory laws of this State; and
 207-23              (2)  the obligations and duties of a life insurance
 207-24  agent.
 207-25        (d)  The Commissioner of Insurance may, in his discretion,
 207-26  require that the <such> training program required by Subsection (c)
 207-27  of this Section <shall> be filed with the department for approval
  208-1  in the event the commissioner <he> finds an abuse of temporary
  208-2  appointment powers under Subsection (b)<(6)> of this Section.
  208-3        (e) <(d)>  Each insurer is responsible for requiring that not
  208-4  less than 70 percent of such insurer's applicants for temporary
  208-5  licenses sit for an examination during any two consecutive calendar
  208-6  quarters.  At least 50 percent of those applicants sitting for the
  208-7  examination must pass during such a period.
  208-8        (f) <(e)>  Each insurer may make no more than two hundred and
  208-9  fifty temporary licensee appointments during a calendar year under
 208-10  Subsection (a)(2) <(b)> of this Section.
 208-11        SECTION 10.29.  Section 12(a), Chapter 213, Acts of the 54th
 208-12  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
 208-13  Insurance Code), is amended to read as follows:
 208-14        (a)  The commissioner may discipline a <A> license holder or
 208-15  deny an application under Section 5, Article 21.01-2, Insurance
 208-16  Code, <may be denied, or a license duly issued may be suspended or
 208-17  revoked or the renewal thereof refused by the Commissioner> if<,
 208-18  after notice and hearing as hereafter provided,> the Commissioner
 208-19  finds that the applicant, individually or through any officer,
 208-20  director, or shareholder, for, or holder of such license:
 208-21              (1)  Has wilfully violated any provision of the
 208-22  insurance laws of this State;
 208-23              (2)  Has intentionally made a material misstatement in
 208-24  the application for such license;
 208-25              (3)  Has obtained, or attempted to obtain, such license
 208-26  by fraud or misrepresentation;
 208-27              (4)  Has misappropriated or converted to the
  209-1  applicant's or licensee's own use or illegally withheld money
  209-2  belonging to an insurer or an insured or beneficiary;
  209-3              (5)  <Has otherwise demonstrated lack of
  209-4  trustworthiness or competence to act as a life insurance agent;>
  209-5              <(6)>  Has been guilty of fraudulent or dishonest
  209-6  practices;
  209-7              (6) <(7)>  Has materially misrepresented the terms and
  209-8  conditions of life insurance policies or contracts;
  209-9              (7) <(8)>  Has made or issued, or caused to be made or
 209-10  issued, any statement misrepresenting or making incomplete
 209-11  comparisons regarding the terms or conditions of any insurance or
 209-12  annuity contract legally issued by any insurer, for the purpose of
 209-13  inducing or attempting to induce the owner of such contract to
 209-14  forfeit or surrender such contract or allow it to lapse for the
 209-15  purpose of replacing such contract with another;
 209-16              (8) <(9)>  Has obtained, or attempted to obtain such
 209-17  license, not for the purpose of holding himself or itself out to
 209-18  the general public as a life insurance agent, but primarily for the
 209-19  purpose of soliciting, negotiating or procuring life insurance or
 209-20  annuity contracts covering the applicant or licensee, members of
 209-21  the applicant's or licensee's family, or the applicant's or
 209-22  licensee's business associates;
 209-23              (9) <(10)  Is not of good character or reputation; or>
 209-24              <(11)>  Is convicted of a felony; or
 209-25              (10)  Is guilty of rebating an insurance premium or
 209-26  commission to an insured.
 209-27        SECTION 10.30.  Section 13, Chapter 213, Acts of the 54th
  210-1  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
  210-2  Insurance Code), is amended to read as follows:
  210-3        Sec. 13.  Judicial review of acts of commissioner.  If the
  210-4  Commissioner refuses an application for license as provided by this
  210-5  Act or suspends, revokes, or refuses to renew a license at a
  210-6  hearing provided by this Act, <and the action is upheld on review
  210-7  to the Board as provided by this Code,> and if the applicant or
  210-8  accused is dissatisfied with the action of the Commissioner and the
  210-9  Board, the applicant or accused may appeal from that action in
 210-10  accordance with <Section (f),> Article 1.04, Insurance Code.
 210-11        SECTION 10.31.  Section 16(h), Chapter 213,  Acts of the 54th
 210-12  Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
 210-13  Insurance Code), is amended to read as follows:
 210-14        (h)  After the State Board of Insurance determines that an
 210-15  applicant has successfully passed the written examination or is
 210-16  exempt therefrom as provided in Subsection (d) above, <and the
 210-17  board has determined the applicant to be of good character and
 210-18  reputation,> has been appointed to act as an agent by one or more
 210-19  legal reserve life insurance companies, and has paid a
 210-20  nonrefundable license fee not to exceed $50 as determined by the
 210-21  board, the board shall issue a license to such applicant
 210-22  authorizing the applicant to act as an accident and health
 210-23  insurance agent for the appointing insurance carrier.
 210-24        SECTION 10.32.  Section 5, Chapter 29, Acts of the 54th
 210-25  Legislature, Regular Session, 1955 (Article 21.07-2, Vernon's Texas
 210-26  Insurance Code), is amended to read as follows:
 210-27        Sec. 5.  Mode of Licensing and Regulation.  (a)  The
  211-1  licensing and regulation of a Life Insurance Counselor, as that
  211-2  term is defined herein, shall be in the same manner and subject to
  211-3  the same requirements as applicable to the licensing of agents of
  211-4  legal reserve life insurance companies as provided in Article
  211-5  21.07-1 of the Texas Insurance Code, 1951, or as provided by any
  211-6  existing or subsequent applicable law governing the licensing of
  211-7  such agents, and all the provisions thereof are hereby made
  211-8  applicable to applicants and licensees under this Act, except that
  211-9  a Life Insurance Counselor shall not advertise in any manner and
 211-10  shall not circulate materials indicating professional superiority
 211-11  or the performance of professional service in a superior manner;
 211-12  provided, however, that an appointment to act for an insurer shall
 211-13  not be a condition to the licensing of a Life Insurance Counselor.
 211-14        (b)  In addition to the above requirements, the applicant for
 211-15  licensure as a Life Insurance Counselor shall submit to the
 211-16  Commissioner <evidence of high moral and ethical character,>
 211-17  documentation that he has been licensed as a life insurance agent
 211-18  in excess of three years.  After the Insurance Commissioner has
 211-19  satisfied himself as to these requirements, he shall then cause the
 211-20  applicant for a Life Insurance Counselor's license to sit for an
 211-21  examination which shall include the following<:>
 211-22        <Such examination shall consist of> five subjects and subject
 211-23  areas:
 211-24              (1) <(a)>  Fundamentals of life and health insurance;
 211-25              (2) <(b)>  Group life insurance, pensions and health
 211-26  insurance;
 211-27              (3) <(c)>  Law, trust and taxation;
  212-1              (4) <(d)>  Finance and economics; and
  212-2              (5) <(e)>  Business insurance and estate planning.
  212-3        (c)  No license shall be granted until such individual shall
  212-4  have successfully passed each of the five parts under Subsection
  212-5  (b) of this section <above enumerated>.  Such examinations may be
  212-6  given and scheduled by the Commissioner at his discretion.
  212-7  Individuals currently holding Life Insurance Counselor licenses
  212-8  issued by the Texas State Board of Insurance, who do not have the
  212-9  equivalent of the requirements above listed, shall have one year
 212-10  from the date of enactment hereof to so qualify.
 212-11        <Unless the State Board of Insurance accepts a qualifying
 212-12  examination administered by a testing service, as provided under
 212-13  Article 21.01-1, Insurance Code, as amended, not later than the
 212-14  30th day after the day on which a licensing examination is
 212-15  administered under this Section, the Commissioner shall send notice
 212-16  to each examinee of the results of the examination.  If an
 212-17  examination is graded or reviewed by a testing service, the
 212-18  Commissioner shall send, or require the testing service to send,
 212-19  notice to the examinees of the results of the examination within
 212-20  two weeks after the date on which the Commissioner receives the
 212-21  results from the testing service.  If the notice of the examination
 212-22  results will be delayed for longer than 90 days after the
 212-23  examination date, the Commissioner shall send, or require the
 212-24  testing service to send, notice to the examinee of the reason for
 212-25  the delay before the 90th day.  If requested in writing by a person
 212-26  who fails the licensing examination administered under this
 212-27  Section, the Commissioner shall send, or require the testing
  213-1  service to send, to the person an analysis of the person's
  213-2  performance on the examination.>
  213-3        SECTION 10.33.  Sections 9, 12, and 14, Managing General
  213-4  Agents' Licensing Act (Article 21.07-3, Vernon's Texas Insurance
  213-5  Code), are amended to read as follows:
  213-6        Sec. 9.  Expiration of License; Renewal.  <(a)>  Except as
  213-7  may be provided by a staggered renewal system adopted under Article
  213-8  21.01-2, Insurance Code <Subsection (c) of this section>, every
  213-9  license issued under this Act expires two years from the date of
 213-10  issuance, unless a completed application to qualify for renewal of
 213-11  such license shall be filed with the commissioner and a
 213-12  nonrefundable fee paid on or before such date, in which event the
 213-13  license sought to be renewed shall continue in full force and
 213-14  effect until renewed or renewal is denied.
 213-15        <(b)  An unexpired license may be renewed by paying the
 213-16  required nonrefundable renewal fee to the board not later than the
 213-17  expiration date of the license.  If a license has been expired for
 213-18  not longer than 90 days, the licensee may renew the license by
 213-19  paying to the board the required nonrefundable renewal fee and a
 213-20  nonrefundable fee that is one-half of the original license fee. If
 213-21  a license has been expired for more than 90 days, the license may
 213-22  not be renewed.  A new license may be obtained by complying with
 213-23  the requirements and procedures for obtaining an original license.
 213-24  At least 30 days before the expiration of a license, the
 213-25  commissioner shall send written notice of the impending license
 213-26  expiration to the licensee at the licensee's last known address.
 213-27  This subsection may not be construed to prevent the board from
  214-1  denying or refusing to renew a license under applicable law or
  214-2  rules of the State Board of Insurance.>
  214-3        <(c)  The State Board of Insurance by rule may adopt a system
  214-4  under which licenses expire on various dates during the year.  For
  214-5  the period in which the license is valid for less than two years,
  214-6  the license fee shall be prorated on a monthly basis so that each
  214-7  licensee shall pay only that portion of the license fee that is
  214-8  allocable to the number of months during which the license is
  214-9  valid.  On each subsequent renewal of the license, the total
 214-10  license renewal fee is payable.>
 214-11        Sec. 12.  Denial, Refusal, Suspension, or Revocation of
 214-12  Licenses.  The commissioner may discipline a <A> license holder or
 214-13  deny an application under Section 5, Article 21.01-2, Insurance
 214-14  Code, if it <may be denied, suspended for a period of time, revoked
 214-15  or the renewal thereof refused by the commissioner if, after notice
 214-16  and hearing as hereinafter provided, he> finds that the applicant
 214-17  for, or holder of such license:
 214-18              (a)  has wilfully violated or participated in the
 214-19  violation of any provisions of this Act or any of the insurance
 214-20  laws of this state; <or>
 214-21              (b)  has intentionally made a material misstatement in
 214-22  the application for such license; <or>
 214-23              (c)  has obtained, or attempted to obtain such license
 214-24  by fraud or misrepresentation; <or>
 214-25              (d)  has misappropriated or converted to his own use or
 214-26  has illegally withheld moneys required to be held in a fiduciary
 214-27  capacity; <or>
  215-1              (e)  has with intent to deceive materially
  215-2  misrepresented the terms or effect of any contract of insurance, or
  215-3  has engaged in any fraudulent transaction; or
  215-4              (f)  has been convicted of a felony, or of any
  215-5  misdemeanor of which criminal fraud is an essential element<; or>
  215-6              <(g)  has shown himself to be, and is so deemed by the
  215-7  commissioner, incompetent, or untrustworthy, or not of good
  215-8  character and reputation>.
  215-9        Sec. 14.  JUDICIAL REVIEW OF ACTS OF COMMISSIONER <AND THE
 215-10  BOARD>.  If the commissioner shall refuse an application for
 215-11  license as provided in this Act, or shall suspend, revoke or refuse
 215-12  to renew any license at a hearing as provided by this Act, <and
 215-13  such action is upheld upon review to the board as in this Code
 215-14  provided,> and if the applicant or accused thereafter is
 215-15  dissatisfied with the action of the commissioner <and the board>,
 215-16  the applicant or accused may appeal from that action in accordance
 215-17  with <Section (f),> Article 1.04, Insurance Code.
 215-18        SECTION 10.34.  Sections 10 and 18, Chapter 407, Acts of the
 215-19  63rd Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's
 215-20  Texas Insurance Code), are amended to read as follows:
 215-21        Sec. 10.  Examination for License.  <(a)>  Each applicant for
 215-22  a license as an adjuster shall, prior to the issuance of such
 215-23  license, personally take and pass, to the satisfaction of the
 215-24  commissioner, an examination as a test of his qualifications and
 215-25  competency; but the requirement of an examination shall not apply
 215-26  to any of the following:
 215-27              (1)  an applicant who for the 90-day period next
  216-1  preceding the effective date of this Act has been principally
  216-2  engaged in the investigation, adjustment, or supervision of losses
  216-3  and who is so engaged on the effective date of this Act;
  216-4              (2)  an applicant for the renewal of a license issued
  216-5  hereunder; <or>
  216-6              (3)  an applicant who is licensed as an insurance
  216-7  adjuster, as defined by this statute, in another state with which
  216-8  state a reciprocal agreement has been entered into by the
  216-9  commissioner; or
 216-10              (4)  any person who has completed a course or training
 216-11  program in adjusting of losses as prescribed and approved by the
 216-12  commissioner and is certified to the commissioner upon completion
 216-13  of the course that such person has completed said course or
 216-14  training program, and has passed an examination testing his
 216-15  knowledge and qualification, as prescribed by the commissioner.
 216-16        <(b)  Unless the State Board of Insurance accepts a
 216-17  qualifying examination administered by a testing service, as
 216-18  provided under Article 21.01-1, Insurance Code, as amended, not
 216-19  later than the 30th day after the day on which a licensing
 216-20  examination is administered under this section, the commissioner
 216-21  shall send notice to each examinee of the results of the
 216-22  examination.  If an examination is graded or reviewed by a testing
 216-23  service, the commissioner shall send, or require the testing
 216-24  service to send, notice to the examinees of the results of the
 216-25  examination within two weeks after the date on which the
 216-26  commissioner receives the results from the testing service.  If the
 216-27  notice of the examination results will be delayed for longer than
  217-1  90 days after the examination date, the commissioner shall send, or
  217-2  require the testing service to send, notice to the examinee of the
  217-3  reason for the delay before the 90th day.>
  217-4        <(c)  If requested in writing by a person who fails the
  217-5  licensing examination administered under this section, the
  217-6  commissioner shall send, or require the testing service to send, to
  217-7  the person an analysis of the person's performance on the
  217-8  examination.>
  217-9        Sec. 18.  Automatic <Procedure for Refusal, Suspension, or>
 217-10  Revocation.  <(a)>  The commissioner may revoke or refuse to renew
 217-11  any license of an adjuster immediately and without hearing, upon
 217-12  the licensee's conviction of a felony, by final judgment, in any
 217-13  court of competent jurisdiction.
 217-14        <(b)  The commissioner may deny, suspend, revoke, or refuse
 217-15  to renew a license:>
 217-16              <(1)  by order or notice given to the licensee not less
 217-17  than 15 days in advance of the effective date of the order or
 217-18  notice, subject to the right of the licensee to demand in writing,
 217-19  a hearing, before the board after receipt of notice and before the
 217-20  effective date of the revocation.  Pending such hearing, the
 217-21  license may be suspended.>
 217-22              <(2)  by an order after a hearing which is effective 10
 217-23  days after the order is issued subject to appeal to a district
 217-24  court in Travis County.>
 217-25        SECTION 10.35.  Section 16(a), Chapter 407, Acts of the 63rd
 217-26  Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
 217-27  Insurance Code), is amended to read as follows:
  218-1        Sec. 16.  (a)  Except as may be provided by a staggered
  218-2  renewal system adopted under Article 21.01-2, Insurance Code
  218-3  <Subsection (e) of this section>, an adjuster's license expires two
  218-4  years after the date of issuance.
  218-5        SECTION 10.36.  Section 17(a), Chapter 407, Acts of the 63rd
  218-6  Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
  218-7  Insurance Code), is amended to read as follows:
  218-8        (a)  The department <commissioner> may discipline an adjuster
  218-9  or deny an application under Section 5, Article 21.01-2, Insurance
 218-10  Code, <deny, suspend, revoke, or refuse to renew any adjuster's
 218-11  license> for any of the following causes:
 218-12              (1)  for any cause for which issuance of the license
 218-13  could have been refused had it been existent and been known to the
 218-14  board;
 218-15              (2)  if the applicant or licensee willfully violates or
 218-16  knowingly participates in the violation of any provision of this
 218-17  Act;
 218-18              (3)  if the applicant or licensee has obtained or
 218-19  attempted to obtain any such license through willful
 218-20  misrepresentation or fraud, or has failed to pass any examination
 218-21  required under this Act;
 218-22              (4)  if the applicant or licensee has misappropriated,
 218-23  or converted to the applicant's or licensee's own use, or has
 218-24  illegally withheld moneys required to be held in a fiduciary
 218-25  capacity;
 218-26              (5)  if the applicant or licensee has, with intent to
 218-27  deceive, materially misrepresented the terms or effect of an
  219-1  insurance contract, or has engaged in any fraudulent transactions;
  219-2  or
  219-3              (6)  if the applicant or licensee is convicted, by
  219-4  final judgment, of a felony<; or>
  219-5              <(7)  if in the conduct of the licensee's affairs under
  219-6  the license, the licensee has proven to be, and is so deemed by the
  219-7  commissioner, incompetent, untrustworthy, or a source of injury to
  219-8  the public>.
  219-9        SECTION 10.37.  Section 5(a), Article 21.07-6, Insurance
 219-10  Code, is amended to read as follows:
 219-11        (a)  The commissioner shall approve an application for a
 219-12  certificate of authority to conduct a business in this state as an
 219-13  administrator if the commissioner is satisfied that the application
 219-14  meets the following criteria:
 219-15              (1)  the granting of the application would not violate
 219-16  a federal or state law;
 219-17              (2)  the <competence, trustworthiness, experience,>
 219-18  financial condition<, or integrity> of an administrator applicant
 219-19  or those persons who would operate or control an administrator
 219-20  applicant are such that the granting of a certificate of authority
 219-21  would not be adverse to the public interest;
 219-22              (3)  the applicant has not attempted through fraud or
 219-23  bad faith to obtain the certificate of authority;
 219-24              (4)  the applicant has complied with this article and
 219-25  rules adopted by the board under this article; and
 219-26              (5)  the name under which the applicant will conduct
 219-27  business in this state is not so similar to that of another
  220-1  administrator or insurer that it is likely to mislead the public.
  220-2        SECTION 10.38.  Section 3(e), Article 21.07-7, Insurance
  220-3  Code, is amended to read as follows:
  220-4        (e)  The department <commissioner> may discipline a license
  220-5  holder or deny an application under Section 5, Article 21.01-2, of
  220-6  this code if it <deny a license application or suspend, revoke, or
  220-7  refuse to renew a license if, after notice and hearing as provided
  220-8  by this code, the commissioner> determines that the applicant for
  220-9  or holder of a license, or any person who would be authorized to
 220-10  act on behalf of the applicant or the license holder under
 220-11  Subsection (c) of this section has:
 220-12              (1)  wilfully violated or participated in the violation
 220-13  of this article or any of the insurance laws of this state;
 220-14              (2)  intentionally made a material misstatement in the
 220-15  license application;
 220-16              (3)  obtained or attempted to obtain the license by
 220-17  fraud or misrepresentation;
 220-18              (4)  misappropriated, converted to his own use, or
 220-19  illegally withheld money required to be held in a fiduciary
 220-20  capacity;
 220-21              (5)  materially misrepresented the terms or effect of
 220-22  any contract of insurance or reinsurance, or engaged in any
 220-23  fraudulent transaction; or
 220-24              (6)  been convicted of a felony or of any misdemeanor
 220-25  of which criminal fraud is an essential element<; or>
 220-26              <(7)  shown himself to be, and is so determined to be
 220-27  by the commissioner, incompetent, untrustworthy, or not of good
  221-1  character and reputation>.
  221-2        SECTION 10.39.  Section 2(b), Article 21.14, Insurance Code,
  221-3  is amended to read as follows:
  221-4        (b)  Nothing contained in this article shall be so construed
  221-5  as to affect or apply to orders, societies, or associations which
  221-6  admit to membership only persons engaged in one or more crafts or
  221-7  hazardous occupations in the same or similar lines of business, and
  221-8  the ladies' societies, or ladies' auxiliary to such orders,
  221-9  societies or associations, or any secretary of a Labor Union or
 221-10  organization, or any secretary or agent of any fraternal benefit
 221-11  society, which does not operate at a profit, except that a person
 221-12  who has had a license revoked under Section 16 of this article may
 221-13  not solicit or otherwise transact business under Chapter 10 of this
 221-14  code.
 221-15        SECTION 10.40.  Sections 3(a) and (c), Article 21.14,
 221-16  Insurance Code, are amended to read as follows:
 221-17        (a)  When any person, partnership or corporation shall desire
 221-18  to engage in business as a local recording agent for an insurance
 221-19  company, or insurance carrier, he or it shall make application for
 221-20  a license to the State Board of Insurance, in such form as the
 221-21  Board may require.  Such application shall bear a signed
 221-22  endorsement by a general, state or special agent of a qualified
 221-23  insurance company, or insurance carrier that applicant or each
 221-24  member of the partnership or each stockholder of the corporation is
 221-25  a resident of this state <Texas, trustworthy, of good character and
 221-26  good reputation, and is worthy of a license>.
 221-27        (c)  The Board shall issue a license to a corporation if the
  222-1  Board finds:
  222-2              (1)  That the corporation is a Texas corporation
  222-3  organized or existing under the Texas Business Corporation Act or
  222-4  the Texas Professional Corporation Act having its principal place
  222-5  of business in the State of Texas and having as one of its purposes
  222-6  the authority to act as a local recording agent; and
  222-7              (2)  That every officer, director and shareholder of
  222-8  the corporation is individually licensed as a local recording agent
  222-9  under the provisions of this Insurance Code, except as may be
 222-10  otherwise permitted by this Section or Section 3a of this article,
 222-11  or that every officer and director of the corporation is
 222-12  individually licensed as a local recording agent under this
 222-13  Insurance Code, that the corporation is a wholly owned subsidiary
 222-14  of a parent corporation that is licensed as a local recording agent
 222-15  under this Insurance Code, and that every shareholder of the parent
 222-16  corporation is individually licensed as a local recording agent
 222-17  under this Insurance Code, and except as specifically provided by
 222-18  this article, that no shareholder of the corporation is a corporate
 222-19  entity; and
 222-20              (3)  That such corporation will have the ability to pay
 222-21  any sums up to $25,000 which it might become legally obligated to
 222-22  pay on account of any claim made against it by any customer and
 222-23  caused by any negligent act, error or omission of the corporation
 222-24  or any person for whose acts the corporation is legally liable in
 222-25  the conduct of its business as a local recording agent.  The term
 222-26  "customer" as used herein shall mean any person, firm or
 222-27  corporation to whom such corporation sells or attempts to sell a
  223-1  policy of insurance, or from whom such corporation accepts an
  223-2  application for insurance.  Such ability shall be proven in one of
  223-3  the following ways:
  223-4                    (A) <(a)>  An errors and omissions policy
  223-5  insuring such corporation against errors and omissions, in at least
  223-6  the sum of $100,000<,> with no more than a $10,000 deductible
  223-7  feature or the sum of at least $300,000 with no more than a $25,000
  223-8  deductible feature, issued by an insurance company licensed to do
  223-9  business in the State of Texas or, if a policy cannot be obtained
 223-10  from a company licensed to do business in Texas, a policy issued by
 223-11  a company not licensed to do business in Texas, on filing an
 223-12  affidavit with the State Board of Insurance stating the inability
 223-13  to obtain coverage and receiving the Board's approval; or
 223-14                    (B) <(b)>  A bond executed by such corporation as
 223-15  principal and a surety company authorized to do business in this
 223-16  state, as surety, in the principal sum of $25,000, payable to the
 223-17  State Board of Insurance for the use and benefit of customers of
 223-18  such corporation, conditioned that such corporation shall pay any
 223-19  final judgment recovered against it by any customer; or
 223-20                    (C) <(c)>  A deposit of cash or securities of the
 223-21  class authorized by Articles 2.08 and 2.10 of this Code, having a
 223-22  fair market value of $25,000 with the State Treasurer.  The State
 223-23  Treasurer is hereby authorized and directed to accept and receive
 223-24  such deposit and hold it exclusively for the protection of any
 223-25  customer of such corporation recovering a final judgment against
 223-26  such corporation.  Such deposit may be withdrawn only upon filing
 223-27  with the Board evidence satisfactory to it that the corporation has
  224-1  withdrawn from business, and has no unsecured liabilities
  224-2  outstanding, or that such corporation has provided for the
  224-3  protection of its customers by furnishing an errors and omissions
  224-4  policy or a bond as hereinbefore provided.  Securities so deposited
  224-5  may be exchanged from time to time for other qualified securities.
  224-6        A binding commitment to issue such a policy or bond, or the
  224-7  tender of such securities, shall be sufficient in connection with
  224-8  any application for license.
  224-9        Nothing contained herein shall be construed to permit any
 224-10  unlicensed employee or agent of any corporation to perform any act
 224-11  of a local recording agent without obtaining a local recording
 224-12  agent's license.  The Board shall not require a corporation to take
 224-13  the examination provided in Section 6 of this Article 21.14.
 224-14        If at any time, any corporation holding a local recording
 224-15  agent's license does not maintain the qualifications necessary to
 224-16  obtain a license, the license of such corporation to act as a local
 224-17  recording agent shall be cancelled or denied in accordance with the
 224-18  provisions of Sections 16, 17 and 18 of this Article 21.14;
 224-19  provided, however, that should any person who is not a licensed
 224-20  local recording agent acquire shares in such a corporation by
 224-21  devise or descent, they shall have a period of 90 days from date of
 224-22  acquisition within which to obtain a license as a local recording
 224-23  agent or to dispose of the shares to a licensed local recording
 224-24  agent except as may be permitted by Section 3a of this article.
 224-25        Should such an unlicensed person, except as may be permitted
 224-26  by Section 3a of this article, acquire shares in such a corporation
 224-27  and not dispose of them within said period of 90 days to a licensed
  225-1  local recording agent, then they must be purchased by the
  225-2  corporation for their book value, that is, the value of said shares
  225-3  of stock as reflected by the regular books and records of said
  225-4  corporation, as of the date of the acquisition of said shares by
  225-5  said unlicensed person.  Should the corporation fail or refuse to
  225-6  so purchase such shares, its license shall be cancelled.
  225-7        Any such corporation shall have the power to redeem the
  225-8  shares of any shareholder, or the shares of a deceased shareholder,
  225-9  upon such terms as may be agreed upon by the Board of Directors and
 225-10  such shareholder or his personal representative, or at such price
 225-11  and upon such terms as may be provided in the Articles of
 225-12  Incorporation, the Bylaws, or an existing contract entered into
 225-13  between the shareholders of the corporation.
 225-14        Each corporation licensed as a local recording agent shall
 225-15  file, under oath, a list of the names and addresses of all of its
 225-16  officers, directors and shareholders with its application for
 225-17  renewal license.
 225-18        Each corporation licensed as a local recording agent shall
 225-19  notify the State Board of Insurance upon any change in its
 225-20  officers, directors or shareholders not later than the 30th day
 225-21  after the date on which the change became effective.
 225-22        The term "firm" as it applies to local recording agents in
 225-23  Sections 2, 12 and 16 of this Article 21.14 shall be construed to
 225-24  include corporations.
 225-25        SECTION 10.41.  Sections 5, 8, and 18, Article 21.14,
 225-26  Insurance Code, are amended to read as follows:
 225-27        Sec. 5.  ACTIVE AGENTS OR SOLICITORS ONLY TO BE LICENSED.  No
  226-1  license shall be granted to any person, firm, partnership or
  226-2  corporation as a local recording agent or to a person as a
  226-3  solicitor, for the purpose of writing any form of insurance, unless
  226-4  it is found by the State Board of Insurance that such person, firm,
  226-5  partnership or corporation, is or intends to be, actively engaged
  226-6  in the soliciting or writing of insurance for the public generally;
  226-7  that each person or individual of a firm is a resident of Texas<,
  226-8  of good character and good reputation, worthy of a license,> and is
  226-9  to be actively engaged in good faith in the business of insurance,
 226-10  and that the application is not being made in order to evade the
 226-11  laws against rebating and discrimination either for the applicant
 226-12  or for some other person, firm, partnership or corporation.
 226-13  Nothing herein contained shall prohibit an applicant insuring
 226-14  property which the applicant owns or in which the applicant has an
 226-15  interest; but it is the intent of this Section to prohibit coercion
 226-16  of insurance and to preserve to each citizen the right to choose
 226-17  his own agent or insurance carrier, and to prohibit the licensing
 226-18  of an individual, firm, partnership or corporation to engage in the
 226-19  insurance business principally to handle business which the
 226-20  applicant controls only through ownership, mortgage or sale, family
 226-21  relationship or employment, which shall be taken to mean that an
 226-22  applicant who is making an original application for license shall
 226-23  show the State Board of Insurance that the applicant has a bona
 226-24  fide intention to engage in business in which, in any calendar
 226-25  year, at least twenty-five per cent (25%) of the total volume of
 226-26  premiums shall be derived from persons or organizations other than
 226-27  applicant and from property other than that on which the applicant
  227-1  shall control the placing of insurance through ownership, mortgage,
  227-2  sale, family relationship or employment.  Nothing herein contained
  227-3  shall be construed to authorize a partnership or corporation to
  227-4  receive a license as a solicitor.
  227-5        Sec. 8.  EXPIRATION OF LICENSE; RENEWAL.  <(a)>  Except as
  227-6  may be provided by a staggered renewal system adopted under Article
  227-7  21.01-2 of this code <Subsection (c) of this section>, every
  227-8  license issued to a local recording agent or a solicitor shall
  227-9  expire two years from the date of its issue, unless a completed
 227-10  application to qualify for the renewal of any such license shall be
 227-11  filed with the State Board of Insurance and a nonrefundable fee
 227-12  paid on or before such date, in which event the license sought to
 227-13  be renewed shall continue in full force and effect until renewed or
 227-14  renewal is denied.
 227-15        <(b)  An unexpired license may be renewed by filing a
 227-16  completed application and paying the required nonrefundable renewal
 227-17  fee to the State Board of Insurance not later than the expiration
 227-18  date of the license.  If a license has been expired for not longer
 227-19  than 90 days, the licensee may renew the license by paying to the
 227-20  State Board of Insurance the required nonrefundable renewal fee and
 227-21  a nonrefundable fee that is one-half of the original license fee.
 227-22  If a license has been expired for more than 90 days, the license
 227-23  may not be renewed.  A new license may be obtained by complying
 227-24  with the requirements and procedures for obtaining an original
 227-25  license.  At least 30 days before the expiration of a license, the
 227-26  commissioner shall send written notice of the impending license
 227-27  expiration to the licensee at the licensee's last known address.
  228-1  This subsection may not be construed to prevent the board from
  228-2  denying or refusing to renew a license under applicable law or
  228-3  rules of the State Board of Insurance.>
  228-4        <(c)  The State Board of Insurance by rule may adopt a system
  228-5  under which licenses expire on various dates during the year.  For
  228-6  the period in which the license is valid for less than two years,
  228-7  the license fee shall be prorated on a monthly basis so that each
  228-8  licensee shall pay only that portion of the license fee that is
  228-9  allocable to the number of months during which the license is
 228-10  valid.  On each subsequent renewal of the license, the total
 228-11  license renewal fee is payable.>
 228-12        Sec. 18.  APPEAL.  If the Commissioner refuses an application
 228-13  for license as provided by this article, or suspends, revokes, or
 228-14  refuses to renew any license at a hearing as provided by this
 228-15  article, <and the action is upheld on review to the Board as
 228-16  provided by this Code,> and if the applicant or accused is
 228-17  dissatisfied with the action of the Commissioner <and the Board>,
 228-18  the applicant or accused may appeal from the action in accordance
 228-19  with <Section (f),> Article 1.04<,> of this Code.
 228-20        SECTION 10.42.  Section 16, Article 21.14, Insurance Code, as
 228-21  amended by Chapters 242 and 790, Acts of the 72nd Legislature,
 228-22  Regular Session, 1991, is reenacted and amended to read as follows:
 228-23        Sec. 16.  SUSPENSION OR REVOCATION OF LICENSE.  (a)  The
 228-24  license of any local recording agent shall be suspended during a
 228-25  period in which the agent does not have outstanding a valid
 228-26  appointment to act as an agent for an insurance company.  The Board
 228-27  shall end the suspension on receipt of evidence satisfactory to the
  229-1  board that the agent has a valid appointment.  The Board shall
  229-2  cancel the license of a solicitor if the solicitor does not have
  229-3  outstanding a valid appointment to act as a solicitor for a local
  229-4  recording agent, and shall suspend the license during a period that
  229-5  the solicitor's local recording agent does not have outstanding a
  229-6  valid appointment to act as an agent under this Article.
  229-7        (b)  The department may discipline <license of> any local
  229-8  recording agent or solicitor or deny an application under Section
  229-9  5, Article 21.01-2, of this code <may be denied or a license duly
 229-10  issued may be suspended or revoked or the renewal thereof refused
 229-11  by the State Board of Insurance> if<, after notice and hearing as
 229-12  hereafter provided,> it finds that the applicant, individually or
 229-13  through any officer, director, or shareholder, for or holder of
 229-14  such license:
 229-15              (1)  Has wilfully violated any provision of the
 229-16  insurance laws of this state;
 229-17              (2)  Has intentionally made a material misstatement in
 229-18  the application for such license;
 229-19              (3)  Has obtained, or attempted to obtain, such license
 229-20  by fraud or misrepresentation;
 229-21              (4)  Has misappropriated or converted to the
 229-22  applicant's or licensee's own use or illegally withheld money
 229-23  belonging to an insurer or an insured or beneficiary;
 229-24              (5)  <Has otherwise demonstrated lack of
 229-25  trustworthiness or competence to act as an insurance agent;>
 229-26              <(6)>  Has been guilty of fraudulent or dishonest acts;
 229-27              (6) <(7)>  Has materially misrepresented the terms and
  230-1  conditions of any insurance policies or contracts;
  230-2              (7) <(8)>  Has made or issued, or caused to be made or
  230-3  issued, any statement misrepresenting or making incomplete
  230-4  comparisons regarding the terms or conditions of any insurance
  230-5  contract legally issued by an insurance carrier for the purpose of
  230-6  inducing or attempting to induce the owner of such contract to
  230-7  forfeit or surrender such contract or allow it to expire for the
  230-8  purpose of replacing such contract with another;
  230-9              (8) <(9)  Is not of good character or reputation;>
 230-10              <(10)>  Is convicted of a felony;
 230-11              (9) <(11)>  Is guilty of rebating any insurance premium
 230-12  or discriminating as between insureds; <or>
 230-13              (10) <(12)>  Is not engaged in the soliciting or
 230-14  writing of insurance for the public generally as required by
 230-15  Section 5 of this Article; or
 230-16              (11) <(12)>  Is afflicted with a disability as that
 230-17  term is defined by Subsection (a) of Article 21.15-6 of this code.
 230-18        (c) <(b)>  The State Board of Insurance may order that a
 230-19  local recording agent or solicitor who is afflicted with a
 230-20  disability be placed on disability probation under the terms and
 230-21  conditions specified under Article 21.15-6 of this code instead of
 230-22  taking disciplinary action under Subsection (b) <(a)> of this
 230-23  section.
 230-24        (d) <(c)>  A license applicant or licensee whose license
 230-25  application or license has been denied, refused, or revoked under
 230-26  this section may not apply for any license as an insurance agent
 230-27  before the first anniversary of the effective date of the denial,
  231-1  refusal, or revocation, or, if the applicant or licensee seeks
  231-2  judicial review of the denial, refusal, or revocation before the
  231-3  first anniversary of the date of the final court order or decree
  231-4  affirming that action.  The Commissioner may deny an application
  231-5  timely filed if the applicant does not show good cause why the
  231-6  denial, refusal, or revocation of the previous license application
  231-7  or license should not be considered a bar to the issuance of a new
  231-8  license.  This subsection does not apply to an applicant whose
  231-9  license application was denied for failure to pass a required
 231-10  written examination.
 231-11        SECTION 10.43.  Section 18, Article 21.14, Insurance Code, is
 231-12  amended to read as follows:
 231-13        Sec. 18.  APPEAL.  If the Commissioner refuses an application
 231-14  for license as provided by this article, or suspends, revokes, or
 231-15  refuses to renew any license at a hearing as provided by this
 231-16  article, <and the action is upheld on review to the Board as
 231-17  provided by this Code,> and if the applicant or accused is
 231-18  dissatisfied with the action of the Commissioner and the Board, the
 231-19  applicant or accused may appeal from the action in accordance with
 231-20  <Section (f),> Article 1.04<,> of this Code.
 231-21        SECTION 10.44.  Sections 5, 8, and 10, Article 21.14-1,
 231-22  Insurance Code, are amended to read as follows:
 231-23        Sec. 5.  Qualifications for risk manager's license.  To
 231-24  qualify for a license under this article, a person must:
 231-25              (1)  be at least 18 years of age;
 231-26              (2)  maintain a place of business in this state;
 231-27              (3)  <be a trustworthy and competent person;>
  232-1              <(4)>  meet the application requirements required by
  232-2  this article and rules of the board;
  232-3              (4) <(5)>  take and pass the licensing examination; and
  232-4              (5) <(6)>  pay the examination and licensing fees.
  232-5        Sec. 8.  License renewal; renewal fee.  Except as provided by
  232-6  a staggered renewal system adopted under Article 21.01-2 of this
  232-7  code, a <(a)  A> license issued under this article expires two
  232-8  years after the date of issuance.  A licensee may renew an
  232-9  unexpired license by filing a completed application for renewal
 232-10  with the board and paying the nonrefundable renewal fee, in an
 232-11  amount not to exceed $50 as determined by the board, on or before
 232-12  the expiration date of the license.  The commissioner shall issue a
 232-13  renewal certificate to the licensee at the time of the renewal if
 232-14  the commissioner determines the licensee continues to be eligible
 232-15  for the license.
 232-16        <(b)  If a person's license has been expired for not longer
 232-17  than 90 days, the licensee may renew the license by paying the
 232-18  nonrefundable renewal fee plus a nonrefundable late fee in an
 232-19  amount not to exceed one-half of the original license fee as
 232-20  determined by the board.>
 232-21        <(c)  If the license has been expired for more than 90 days,
 232-22  the person may not renew the license.  The person may obtain a new
 232-23  license by submitting to reexamination, if the person was
 232-24  originally required to take the examination, and complying with the
 232-25  requirements and procedures for obtaining an original license.>
 232-26        <(d)  The commissioner shall notify each licensee in writing
 232-27  at the licensee's last known address of the pending license
  233-1  expiration not later than the 30th day before the date on which the
  233-2  license expires.>
  233-3        Sec. 10.  Denial, suspension, or revocation of a license.
  233-4  <(a)>  The department may discipline a risk manager or deny an
  233-5  application under Section 5, Article 21.01-2, of this code <State
  233-6  Board of Insurance may deny an application or suspend, revoke, or
  233-7  refuse to renew a risk manager's license for any of the following
  233-8  reasons>:
  233-9              (1)  for any cause for which issuance of the license
 233-10  could have been refused had it been known to the board;
 233-11              (2)  if the licensee wilfully violates or knowingly
 233-12  participates in the violation of this article, any insurance law of
 233-13  this state, or rules of the board;
 233-14              (3)  if the licensee has obtained or attempted to
 233-15  obtain a license through wilful misrepresentation or fraud, or has
 233-16  failed to pass the examination required under this article; or
 233-17              (4)  if a licensee is convicted, by final judgment, of
 233-18  a felony<; or>
 233-19              <(5)  if in the conduct of his affairs under the
 233-20  license, the licensee has shown himself to be, and is so deemed by
 233-21  the commissioner, incompetent, untrustworthy, or a source of injury
 233-22  to the public.>
 233-23        <(b)  A risk manager's license may not be suspended or
 233-24  revoked without notice and hearing by the board>.
 233-25        SECTION 10.45.  Sections 2(a) and (c), Article 21.14-2,
 233-26  Insurance Code, are amended to read as follows:
 233-27        (a)  To obtain a license to act as an agent under this
  234-1  article, an applicant must submit a completed written application
  234-2  to the commissioner of insurance on a form prescribed by the State
  234-3  Board of Insurance and pay a $50 nonrefundable fee.  The
  234-4  application must bear an endorsement signed by an agent of an
  234-5  insurance company that meets the requirements of Section 1 of this
  234-6  article and must state that the applicant is a resident of this
  234-7  state<, is of good character and good reputation, and is worthy of
  234-8  a license>.
  234-9        (c)  Except as provided by a staggered renewal system adopted
 234-10  under Article 21.01-2 of this code, a <A> license issued under this
 234-11  article expires two years after the date of its issuance unless a
 234-12  completed application to renew the license is filed with the
 234-13  commissioner and the $50 nonrefundable renewal fee is paid on or
 234-14  before that date, in which case the license continues in full force
 234-15  and effect until renewed or the renewal is denied.  <If a license
 234-16  has been expired for not longer than 90 days, the licensee may
 234-17  renew the license by filing with the State Board of Insurance the
 234-18  required nonrefundable renewal fee and a nonrefundable fee that is
 234-19  one-half of the original license fee.  If a license has been
 234-20  expired for more than 90 days, the license may not be renewed.  A
 234-21  new license may be obtained by complying with the procedures for
 234-22  obtaining an original license.  At least 30 days before the
 234-23  expiration of a license the commissioner of insurance shall send
 234-24  written notice of the impending license expiration to the licensee
 234-25  at the licensee's last known address.  This section may not be
 234-26  construed to prevent the board from denying or refusing to renew a
 234-27  license under applicable law or the rules of the State Board of
  235-1  Insurance.>
  235-2        SECTION 10.46.  Section 3, Article 21.14-2, Insurance Code,
  235-3  is amended to read as follows:
  235-4        Sec. 3.  The license of an agent is automatically suspended
  235-5  or canceled if the agent does not have outstanding a valid
  235-6  appointment to act as an agent for an insurance company described
  235-7  in Section 1 of this article.  The department may discipline a
  235-8  licensee or deny an application under Section 5, Article 21.01-2,
  235-9  of this code if it <commissioner of insurance may deny a license
 235-10  application and may suspend or revoke a license or deny the renewal
 235-11  of a license if, after notice and hearing, the commissioner>
 235-12  determines that the license applicant or licensee:
 235-13              (1)  has intentionally or knowingly violated the
 235-14  insurance laws of this state;
 235-15              (2)  has obtained or attempted to obtain a license by
 235-16  fraud or misrepresentation;
 235-17              (3)  has misappropriated, converted, or illegally
 235-18  withheld money belonging to an insurer or an insured or
 235-19  beneficiary;
 235-20              (4)  <has otherwise demonstrated lack of
 235-21  trustworthiness or competence to act as an insurance agent;>
 235-22              <(5)>  has been guilty of fraudulent or dishonest acts;
 235-23              (5) <(6)>  has materially misrepresented the terms and
 235-24  conditions of an insurance policy or contract;
 235-25              (6) <(7)>  has made or issued or caused to be made or
 235-26  issued any statement misrepresenting or making incomplete
 235-27  comparisons regarding the terms or conditions of an insurance
  236-1  contract legally issued by an insurance carrier for the purpose of
  236-2  inducing or attempting to induce the owner of the contract to
  236-3  forfeit or surrender the contract or allow the contract to expire
  236-4  or for the purpose of replacing the contract with another contract;
  236-5              (7) <(8)>  has been convicted of a felony; or
  236-6              (8) <(9)>  is guilty of rebating an insurance premium
  236-7  or discriminating between insureds.
  236-8        SECTION 10.47.  Article 21.15, Insurance Code, is amended to
  236-9  read as follows:
 236-10        Art. 21.15.  Revocation of Agent's Certificate.  Cause for
 236-11  the discipline under Section 5, Article 21.01-2, of this code
 236-12  <revocation of the certificate of authority> of an agent or
 236-13  solicitor for an insurance company may exist <for violation of any
 236-14  of the insurance laws, or> if <it shall appear to the Board upon
 236-15  due proof, after notice that> such agent or solicitor has knowingly
 236-16  deceived or defrauded a policyholder or a person having been
 236-17  solicited for insurance<,> or <that such agent or solicitor> has
 236-18  unreasonably failed and neglected to pay over to the company, or
 236-19  its agent entitled thereto, any premium or part thereof collected
 236-20  by him on any policy of insurance or application therefor.  The
 236-21  Board shall publish such revocation in such manner as it deems
 236-22  proper for the protection of the public; and no person whose
 236-23  certificate of authority as agent or solicitor has been revoked
 236-24  shall be entitled to again receive a certificate of authority as
 236-25  such agent or solicitor for any insurance company in this State for
 236-26  a period of one year.
 236-27        SECTION 10.48.  Article 21.35B(a), Insurance Code, is amended
  237-1  to read as follows:
  237-2        (a)  No payment may be solicited or collected by an insurer,
  237-3  its agent, or sponsoring organization in connection with an
  237-4  application for insurance or the issuance of a policy other than
  237-5  premiums, taxes, finance charges, policy fees, agent fees, service
  237-6  fees, inspection fees, or membership dues in a sponsoring
  237-7  organization.  The commissioner by rule shall permit sponsoring
  237-8  organizations to solicit voluntary contributions with an initial
  237-9  membership solicitation or a membership renewal solicitation when
 237-10  the membership renewal solicitation is separate from an insurance
 237-11  billing.
 237-12        SECTION 10.49.  Section (c), Article 23.23, Insurance Code,
 237-13  is amended to read as follows:
 237-14        (c)  Except as may be provided by a staggered renewal system
 237-15  adopted under Section 2(f), Article 21.01-2 <section (h)> of this
 237-16  code <article>, each license issued to agents of corporations
 237-17  complying with this chapter shall expire two years following the
 237-18  date of issue, unless prior thereto it is suspended or revoked by
 237-19  the Commissioner of Insurance or the authority of the agent to act
 237-20  for the corporation complying with this chapter is terminated.
 237-21        SECTION 10.50.  The following laws are repealed:
 237-22              (1)  Section 4(e), Article 1.14-2, Insurance Code;
 237-23              (2)  Sections 5, 6, and 7, Article 9.36, Insurance
 237-24  Code;
 237-25              (3)  Section C, Article 9.37, Insurance Code;
 237-26              (4)  Sections 2, 3, and 4, Article 9.42, Insurance
 237-27  Code;
  238-1              (5)  Section 3, Article 9.44, Insurance Code;
  238-2              (6)  Sections 6(d), (e), (f), and (g) and Section 8(c),
  238-3  Article 9.56, Insurance Code;
  238-4              (7)  Sections 15(h), (i), (j), (k), and (l), Texas
  238-5  Health Maintenance Organization Act (Section 20A.15, Vernon's Texas
  238-6  Insurance Code);
  238-7              (8)  Section 15A(j), Texas Health Maintenance
  238-8  Organization Act (Section 20A.15A, Vernon's Texas Insurance Code);
  238-9              (9)  Sections 4(e) and (f), Article 21.07, Insurance
 238-10  Code;
 238-11              (10)  Section 10(b), Article 21.07, Insurance Code;
 238-12              (11)  Sections 3A and 15A, Article 21.07, Insurance
 238-13  Code;
 238-14              (12)  Sections 5(e), 9(d) and (e), and 12(b), Chapter
 238-15  213, Acts of the 54th Legislature, Regular Session, 1955 (Article
 238-16  21.07-1, Vernon's Texas Insurance Code);
 238-17              (13)  Section 5A, Managing General Agents' Licensing
 238-18  Act (Article 21.07-3, Vernon's Texas Insurance Code);
 238-19              (14)  Sections 16(c), (d), and (e), Chapter 407, Acts
 238-20  of the 63rd Legislature, Regular Session, 1973 (Article 21.07-4,
 238-21  Vernon's Texas Insurance Code);
 238-22              (15)  Sections 3(j) and (k), Article 21.07-7, Insurance
 238-23  Code;
 238-24              (16)  Article 21.13, Insurance Code;
 238-25              (17)  Sections 7a and 17, Article 21.14, Insurance
 238-26  Code;
 238-27              (18)  Sections 6(f) and (h), Article 21.14-1, Insurance
  239-1  Code; and
  239-2              (19)  Sections (g), (h), (i), (j), (k), and (l),
  239-3  Article 23.23, Insurance Code.
  239-4        SECTION 10.51.  (a)  The change in law made by this article
  239-5  to Section 4A, Article 21.07, Insurance Code, does not affect the
  239-6  validity of a license issued under that section on or before the
  239-7  effective date of this Act.
  239-8        (b)  A person who holds a license issued under Section 4A,
  239-9  Article 21.07, Insurance Code, on or before the effective date of
 239-10  this Act may renew that license in accordance with Article 21.07,
 239-11  Insurance Code, as amended by this Act.  On renewal, the license
 239-12  shall be conformed to Section 4A, Article 21.07, Insurance Code, as
 239-13  amended by this Act, and a new license shall be issued in
 239-14  conformity with Section 4A(e), Article 21.07, Insurance Code, as
 239-15  amended by this Act.
 239-16        SECTION 10.52.  This article applies only to issuance or
 239-17  renewal of a license or discipline of a license holder on or after
 239-18  September 1, 1993.  Issuance or renewal of a license or discipline
 239-19  of a license holder before September 1, 1993, is governed by the
 239-20  law in effect immediately before the effective date of this Act,
 239-21  and that law is continued in effect for that purpose.
 239-22          ARTICLE 11.  ADMISSION OF INSURERS ORGANIZED UNDER
 239-23               LAWS OF ANOTHER STATE OR FOREIGN COUNTRY
 239-24        SECTION 11.01.  Article 3.01, Insurance Code, is amended to
 239-25  read as follows:
 239-26        Art. 3.01.  Terms Defined
 239-27        Section 1.  A life insurance company shall be deemed to be a
  240-1  corporation doing business under any charter involving the payment
  240-2  of money or other thing of value, conditioned on the continuance or
  240-3  cessation of human life, or involving an insurance, guaranty,
  240-4  contract or pledge for the payment of endowments or annuities.
  240-5        Sec. 2.  An accident insurance company shall be deemed to be
  240-6  a corporation doing business under any charter involving the
  240-7  payment of money or other thing of value, conditioned upon the
  240-8  injury, disablement or death of persons resulting from traveling or
  240-9  general accidents by land or water.
 240-10        Sec. 3.  A health insurance company shall be deemed to be a
 240-11  corporation doing business under any charter involving the payment
 240-12  of any amount of money, or other thing of value, conditioned upon
 240-13  loss by reason of disability due to sickness or ill-health.
 240-14        Sec. 4.  When consistent with the context and not obviously
 240-15  used in a different sense, the term "company," or "insurance
 240-16  company," as used herein, includes all corporations engaged as
 240-17  principals in the business of life, accident or health insurance.
 240-18        Sec. 5.  The term "domestic" company, as used herein,
 240-19  designates those life, accident or life and accident, health and
 240-20  accident, or life, health and accident insurance companies
 240-21  incorporated and formed in this State.
 240-22        Sec. 6.  The term "foreign company" means any life, accident
 240-23  or health insurance company organized under the laws of any other
 240-24  state or territory of the United States <or foreign country>.
 240-25        Sec. 7.  The term "alien company" means any life, accident or
 240-26  health insurance company organized under the laws of any foreign
 240-27  country.
  241-1        Sec. 8.  The term "home office" of a company means its
  241-2  principal office within the state or country in which it is
  241-3  incorporated and formed.
  241-4        Sec. 9. <8.>  The "insured" or "policyholder" is the person
  241-5  on whose life a policy of insurance is effected.
  241-6        Sec. 10. <9.>  The "beneficiary" is the person to whom a
  241-7  policy of insurance effected is payable.
  241-8        Sec. 11. <10.>  By the term "net assets" is meant the funds
  241-9  of the company available for the payment of its obligations in this
 241-10  state, including but not limited to:
 241-11        (a)  Uncollected premiums not more than three (3) months past
 241-12  due and deferred premiums on policies actually in force, after
 241-13  deducting from such funds all unpaid losses and claims and claims
 241-14  for losses, and all other debts, exclusive of capital stock; and
 241-15        (b)  All electronic machines, constituting a data-processing
 241-16  system or systems, and all other office equipment, furniture,
 241-17  machines and labor-saving devices heretofore or hereafter purchased
 241-18  for and used in connection with the business of an insurance
 241-19  company to the extent that the total actual cash market value of
 241-20  all of such systems, equipment, furniture, machines and devices
 241-21  constitute not more than ten percent (10%) of the otherwise
 241-22  admitted assets of such company; and provided further, that the
 241-23  total value of all such property of a company must exceed Two
 241-24  Thousand Dollars ($2,000), to qualify hereunder.
 241-25        (c)  The Commissioner of Insurance may adopt regulations
 241-26  defining electronic machines and systems, office equipment,
 241-27  furniture, machines and labor-saving devices as used in subsection
  242-1  (b), and provide for the maximum period for which each such class
  242-2  of equipment may be amortized.
  242-3        (d)  Companies regulated by the provisions of Chapter 14 of
  242-4  this Insurance Code, same being local mutual aid associations,
  242-5  local mutual burial associations and state-wide mutual assessment
  242-6  corporations, and companies regulated by the provisions of Chapter
  242-7  22 of this Insurance Code, same being stipulated premium companies,
  242-8  may include among their admitted assets any asset herein designated
  242-9  as "net assets" except that companies regulated by the provisions
 242-10  of Chapter 14 of this Code may only include the same within the
 242-11  assets of the expense fund of any such company.
 242-12        Sec. 12. <11.>  The "profits" of a company are that portion
 242-13  of its funds not required for the payment of losses and expenses,
 242-14  nor set apart for any other purpose required by law.
 242-15        Sec. 13.  The term "United States branch" means:
 242-16        (a)  the business unit through which business is transacted
 242-17  within the United States by an alien insurer;
 242-18        (b)  the assets and liabilities of the insurer within the
 242-19  United States relating to that business;
 242-20        (c)  the management powers relating to that business and to
 242-21  the assets and liabilities; or
 242-22        (d)  any combination of that business unit, or those assets
 242-23  and liabilities and management powers.
 242-24        SECTION 11.02.  Subchapter B, Chapter 3, Insurance Code, is
 242-25  amended to read as follows:
 242-26               SUBCHAPTER B.  FOREIGN OR ALIEN COMPANIES
 242-27        Art. 3.20.  SCOPE.  This subchapter applies to a life
  243-1  insurance company, accident insurance company, life and accident,
  243-2  health and accident, or life, health, and accident insurance
  243-3  company that is incorporated under the laws of any other state,
  243-4  territory or country, and that desires to transact the business of
  243-5  that insurance in this state.
  243-6        Art. 3.20-1.  Statement to be Filed.  (a)  A foreign or alien
  243-7  <Any> life insurance company, or accident insurance company, or
  243-8  life and accident, health and accident, or life, health and
  243-9  accident insurance company, incorporated under the laws of any
 243-10  other state, territory or country, desiring to transact the
 243-11  business of such insurance in this State, shall furnish the Texas
 243-12  Department <said Board> of Insurance <Commissioners> with a written
 243-13  or printed statement under oath of the president or vice president,
 243-14  or treasurer and secretary of such company which statement shall
 243-15  show:
 243-16              1.  The name and locality of the company.
 243-17              2.  The amount of its capital stock.
 243-18              3.  The amount of its capital stock paid up.
 243-19              4.  The assets of the company, including:  first, the
 243-20  amount of cash on hand and in the hands of other persons, naming
 243-21  such persons and their residence; second, real estate unincumbered,
 243-22  where situated and its value; third, the bonds owned by the company
 243-23  and how they are secured, with the rate of interest thereon;
 243-24  fourth, debts due the company secured by mortgage, describing the
 243-25  property mortgaged and its market value; fifth, debts otherwise
 243-26  secured, stating how secured; sixth, debts for premiums; seventh,
 243-27  all other moneys and securities.
  244-1              5.  Amount of liabilities of the company, stating the
  244-2  name of the person or corporation to whom liable.
  244-3              6.  Losses adjusted and due.
  244-4              7.  Losses adjusted and not due.
  244-5              8.  Losses adjusted.
  244-6              9.  Losses in suspense and for what cause.
  244-7              10.  All other claims against the company, describing
  244-8  the same.
  244-9        (b)  The department <Board of Insurance Commissioners> may
 244-10  require any additional facts to be shown by such annual statement.
 244-11        (c)  Each foreign <such> company shall be required to file a
 244-12  similar statement not later than March 1 of each year.
 244-13        (d)  Each alien company shall be required to file a financial
 244-14  statement as provided by Article 3.27-2 of this subchapter.
 244-15        Art. 3.21.  Articles of Incorporation to be Filed.  Each <Any
 244-16  such> foreign or alien insurance company shall accompany the
 244-17  statement required in the foregoing article with a certified copy
 244-18  of its acts or articles of incorporation, and all amendments
 244-19  thereto, and a copy of its by-laws, together with the name and
 244-20  residence of each of its officers and directors.  The same shall be
 244-21  certified under the hand of the president or secretary of such
 244-22  company.
 244-23        Art. 3.22.  Capital Stock and Surplus Requirements.  No
 244-24  <such> foreign or alien stock insurance company shall be licensed
 244-25  by the department <Board of Insurance Commissioners> or shall
 244-26  transact any such business of insurance in this State unless such
 244-27  company is possessed of not less than the minimum capital and
  245-1  surplus required by this chapter of a similar domestic company in
  245-2  similar circumstances, including the same character of investments
  245-3  for its minimum capital and surplus.  No <such> foreign or alien
  245-4  mutual insurance company shall be licensed by the department <Board
  245-5  of Insurance Commissioners> or shall transact any such business of
  245-6  insurance in this State unless such company is possessed of not
  245-7  less than the minimum free surplus required by Chapter 11 of this
  245-8  Code of a similar domestic company in similar circumstances
  245-9  including the same character of investments for its minimum free
 245-10  surplus.
 245-11        Art. 3.23.  <FOREIGN> COMPANIES TO DEPOSIT.  (a)  No alien
 245-12  <such foreign> insurance company <incorporated by or organized
 245-13  under the laws of any foreign government,> shall transact business
 245-14  in this State, unless it shall first deposit and keep deposited
 245-15  with the Treasurer of this State, for the benefit of the
 245-16  policyholders of such company, citizens or residents of the United
 245-17  States, bonds or securities of the United States or the State of
 245-18  Texas in an <to the> amount at least equal to:
 245-19              (1)  the minimum capital required to be maintained by a
 245-20  domestic stock insurer licensed to transact the same kind of
 245-21  insurance; or
 245-22              (2)  one-half the minimum free surplus required to be
 245-23  maintained by a domestic mutual insurer licensed to transact the
 245-24  same kind of insurance <of One Hundred Thousand ($100,000.00)
 245-25  Dollars>.
 245-26        (b)  On approval by the commissioner in accordance with
 245-27  Article 3.27-1 of this code, a licensed alien insurer may be
  246-1  permitted to deposit assets with a trustee for the security of its
  246-2  policyholders in the United States instead of making the deposit
  246-3  with the state treasurer required under Subsection (a) of this
  246-4  article if those assets are securities or bonds of the United
  246-5  States or this state and are maintained in accordance with Article
  246-6  3.27-1 of this code.
  246-7        Art. 3.24.  Deposit Liable for Judgment.  The deposit
  246-8  required by Article 3.23 of this code <the preceding article> shall
  246-9  be held liable to pay the judgments of policyholders of that
 246-10  insurer in the United States <such company>, and may be so decreed
 246-11  by the court adjudicating the same.  The deposit shall be
 246-12  maintained as long as any liability of the insurer arising out of
 246-13  its insurance transactions in the United States remains
 246-14  outstanding.
 246-15        Art. 3.24-1.  Certificate of Authority.  When a foreign or
 246-16  alien company has complied with the requirements of this Subchapter
 246-17  and all other requirements imposed on such company by law and has
 246-18  paid any deposit imposed by law, and the operational history of the
 246-19  company when reviewed in conjunction with its loss experience, the
 246-20  kinds and nature of risks insured, the financial condition of the
 246-21  company and its ownership, its proposed method of operation, its
 246-22  affiliations, its investments, any contracts leading to contingent
 246-23  liability or agreements in respect to guaranty and surety, other
 246-24  than insurance, and the ratio of total annual premium and net
 246-25  investment income to commission expenses, general insurance
 246-26  expenses, policy benefits paid and required policy reserve
 246-27  increases, indicates a condition such that the expanded operation
  247-1  of the company in this State or its operations outside this State
  247-2  will not create a condition which might be hazardous to its
  247-3  policyholders, creditors or the general public, the Commissioner
  247-4  shall file in the office the documents delivered to him and shall
  247-5  issue to the company a certificate of authority to transact in this
  247-6  State the kind or kinds of business specified therein.  Such
  247-7  certificate shall continue in full force and effect upon the
  247-8  condition that the company shall continue to comply with the laws
  247-9  of this State.
 247-10        Art. 3.25.  Law Deemed Accepted.  Each life insurance company
 247-11  not organized under the laws of this State, hereafter granted a
 247-12  certificate of authority to transact business in this State, shall
 247-13  be deemed to have accepted such certificate and to transact such
 247-14  business hereunder subject to the conditions and requirements that,
 247-15  after it shall cease to transact new business in this State under a
 247-16  certificate of authority, and so long as it shall continue to
 247-17  collect renewal premiums from citizens of this State, it shall be
 247-18  subject to the payment of the same occupation tax in proportion to
 247-19  its gross premiums during any year, from citizens of this State, as
 247-20  is or may be imposed by law on such companies transacting new
 247-21  business within this State, under certificates of authority during
 247-22  such year.  The rate of such tax to be so paid by any such company
 247-23  shall never exceed the rate imposed by law upon insurance companies
 247-24  transacting business in this State.  Each such company shall make
 247-25  the same reports of its gross premium receipts for each such year
 247-26  and within the same period as is or may be required of such
 247-27  companies holding certificates of authority and shall at all times
  248-1  be subject to examination by the Texas Department <Board> of
  248-2  Insurance <Commissioners> or some one selected by it for that
  248-3  purpose, in the same way and to the same extent as is or may be
  248-4  required of companies transacting new business under certificates
  248-5  of authority in this State, the expenses of such examination to be
  248-6  paid by the company examined.  The respective duties of the Board
  248-7  in certifying to the amount of such taxes and of the State
  248-8  Treasurer and Attorney General in their collection shall be the
  248-9  same as are or may be prescribed respecting taxes due from
 248-10  companies authorized to transact new business within this State.
 248-11        Art. 3.26.  WHEN ALIEN <FOREIGN> COMPANIES NEED NOT DEPOSIT.
 248-12  If the deposit required by Article 3.23 of this code has been made
 248-13  in any State of the United States, under the laws of such State, in
 248-14  such manner as to secure equally all the policyholders of such
 248-15  Company who are citizens and residents of the United States, then
 248-16  no deposit shall be required in this State; but a certificate of
 248-17  such deposit under the hand and seal of the officer of such other
 248-18  State with whom the same has been made shall be filed with the
 248-19  department <Board of Insurance Commissioners>.
 248-20        Art. 3.27.  Companies Desiring to Loan Money.  Any life
 248-21  insurance company not desiring to engage in the business of writing
 248-22  life insurance in this State, but desiring to loan its funds in
 248-23  this State, may obtain a permit to do so from the Secretary of
 248-24  State by complying with the laws of this State relating to foreign
 248-25  corporations engaged in loaning money in this State, without being
 248-26  required to secure a certificate of authority to write life
 248-27  insurance in this State.
  249-1        Art. 3.27-1.  TRUSTEED ASSETS OF ALIEN INSURER.  (a)  The
  249-2  assets that an authorized alien insurer is required or permitted by
  249-3  this subchapter to deposit with a trustee for the security of its
  249-4  policyholders in the United States shall be known as "trusteed
  249-5  assets."  All trusteed assets shall be kept continuously in the
  249-6  United States, and the trusteed assets of an alien insurer entering
  249-7  the United States through this state shall be kept continuously in
  249-8  this state.
  249-9        (b)  The deed of trust and all amendments to the deed of
 249-10  trust of the insurer shall be authenticated in the form and manner
 249-11  prescribed by the commissioner, and do not take effect unless
 249-12  approved by the commissioner.
 249-13        (c)  The commissioner shall approve a deed of trust if the
 249-14  commissioner finds:
 249-15              (1)  the deed of trust or its amendments are sufficient
 249-16  in form and are in conformity with applicable law;
 249-17              (2)  the trustee is eligible to serve as a trustee
 249-18  under this subchapter; and
 249-19              (3)  the deed of trust is adequate to protect the
 249-20  interests of the beneficiaries of the trust.
 249-21        (d)  If, after notice and hearing, the commissioner finds
 249-22  that the requirements for approval of the deed of trust no longer
 249-23  exist, the commissioner may withdraw approval.
 249-24        (e)  The commissioner may from time to time approve
 249-25  modifications or variations of a deed of trust that in the
 249-26  commissioner's judgment are in the best interests of the
 249-27  policyholders of the alien insurer in the United States.
  250-1        (f)  The deed of trust must include provisions that:
  250-2              (1)  vest legal title to trusteed assets in the trustee
  250-3  and lawfully appointed successors to the trustee, in trust for the
  250-4  security of all policyholders of the alien insurer in the United
  250-5  States;
  250-6              (2)  provide for substitution of a new trustee in the
  250-7  event of vacancy by death, resignation, or other incapacity,
  250-8  subject to the approval of the commissioner; and
  250-9              (3)  require that the trustee continuously maintain a
 250-10  record at all times sufficient to identify the assets of the trust
 250-11  fund.
 250-12        (g)  The deed of trust may provide that income, earnings,
 250-13  dividends, or interest accumulations of the assets of the trust
 250-14  fund may be paid to the United States manager of the alien insurer,
 250-15  on request.
 250-16        (h)  The deed of trust must provide that a withdrawal of
 250-17  assets, other than income as specified in Subsection (g) of this
 250-18  article, may not be made or permitted by the trustee without prior
 250-19  written approval of the commissioner, except a withdrawal to:
 250-20              (1)  make deposits required by law in any state for the
 250-21  security or benefit of all policyholders of the alien insurer in
 250-22  the United States;
 250-23              (2)  substitute other assets as permitted by law and at
 250-24  least equal in value to those withdrawn, on the specific written
 250-25  direction of the United States manager or an assistant United
 250-26  States manager when duly empowered and acting under either general
 250-27  or specific written authority previously given or delegated by the
  251-1  board of directors; or
  251-2              (3)  transfer the assets to an official liquidator or
  251-3  rehabilitator under an order issued by a court of competent
  251-4  jurisdiction.
  251-5        (i)  On withdrawal of trusteed assets deposited in another
  251-6  state in which the insurer is authorized to do business, the deed
  251-7  of trust may require similar written approval of the insurance
  251-8  supervising official of that state instead of approval by the
  251-9  commissioner as required under Subsection (h) of this article.  In
 251-10  such a case, the alien insurer shall notify the commissioner in
 251-11  writing of the nature and extent of the withdrawal.
 251-12        Art. 3.27-2.  TRUSTEED SURPLUS OF ALIEN INSURERS.  (a)  Each
 251-13  authorized alien insurer shall file with the department not later
 251-14  than March 1 of each year on a form prescribed by the commissioner
 251-15  a financial statement showing, as of last year's end, the
 251-16  following:
 251-17              (1)  all its general deposits of assets in the United
 251-18  States that are deposited with officers of any state in trust for
 251-19  the exclusive benefit, security, and protection of its
 251-20  policyholders in the United States;
 251-21              (2)  all its special deposits of assets in the United
 251-22  States that are deposited with officers of any state in trust for
 251-23  the exclusive benefit, security, and protection of its
 251-24  policyholders in a particular state;
 251-25              (3)  all its trusteed assets in the United States that
 251-26  are held by a trustee for the exclusive benefit, security, and
 251-27  protection of all its policyholders in the United States;
  252-1              (4)  the amount of its policy loans to policyholders in
  252-2  the United States, not exceeding the amount of the legal reserve
  252-3  required on each policy;
  252-4              (5)  all its reserves and other liabilities that arise
  252-5  out of policies or obligations issued, assumed, or incurred in the
  252-6  United States; and
  252-7              (6)  any additional information determined by the
  252-8  commissioner to be necessary to implement this article.
  252-9        (b)  In determining the net amount of an alien insurer's
 252-10  liabilities in the United States, a deduction may be made for:
 252-11              (1)  reinsurance on losses with insurers qualifying for
 252-12  credit, less unpaid reinsurance premiums, with a schedule showing
 252-13  by company the amount deducted; and
 252-14              (2)  unearned premiums on agents' balances or
 252-15  uncollected premiums not more than 90 days past due.
 252-16        (c)  Any liability on an asset not considered in the
 252-17  financial statement may be applied against that asset.
 252-18        (d)  A credit may not be allowed in the financial statement
 252-19  for a special state deposit held for the exclusive benefit of
 252-20  policyholders of a particular state except as an offset against the
 252-21  liabilities of the alien insurer in that state.
 252-22        (e)  The accrued interest at the date of the financial
 252-23  statement on assets deposited with states and trustees shall be
 252-24  allowed in the statement if the interest is collected by the states
 252-25  or trustees.
 252-26        (f)  The aggregate value of the insurer's general state
 252-27  deposits and trusteed assets less the aggregate net amount of all
  253-1  its liabilities and reserves in the United States as determined in
  253-2  accordance with this section shall be known as its "trusteed
  253-3  surplus" in the United States.  If it appears to the commissioner
  253-4  from a financial statement or a report that an alien insurer's
  253-5  trusteed surplus is reduced below the greater of minimum capital
  253-6  required of, or the minimum surplus required to be maintained by, a
  253-7  domestic insurer licensed to transact the same kinds of insurance,
  253-8  the commissioner shall determine the amount of the impairment and
  253-9  shall order the insurer, through its United States manager or
 253-10  attorney, to eliminate the impairment within a period designated by
 253-11  the commissioner, but not more than 90 days after the date of
 253-12  service of the order.  The commissioner by order may also revoke or
 253-13  suspend the insurer's license or prohibit it from issuing new
 253-14  policies in the United States while the impairment exists.  If at
 253-15  the expiration of the designated period, the insurer has not
 253-16  satisfied the commissioner that the impairment has been eliminated,
 253-17  the commissioner may proceed against the insurer under Article
 253-18  21.28-A of this code as an insurer whose further transaction of the
 253-19  business of insurance in the United States will be hazardous to its
 253-20  policyholders in the United States.
 253-21        (g)  The trusteed surplus statement shall be signed and
 253-22  verified by the United States manager, attorney-in-fact, or a duly
 253-23  empowered assistant United States manager of the alien insurer.
 253-24  The items of securities and other property held under trust deeds
 253-25  shall be certified by the United States trustee.  The commissioner
 253-26  may at any time and for any period determined necessary require
 253-27  further statements of the same kind.
  254-1        Art. 3.27-3.  EXAMINATION OF ALIEN INSURERS.  (a)  The books,
  254-2  records, accounting, and verification relating to the trusteed
  254-3  assets of an authorized alien insurer are subject to examination by
  254-4  the department or the department's representative at the United
  254-5  States branch office of the insurer, in the same manner and to the
  254-6  same extent as an examination under Articles 1.15 and 1.16 of this
  254-7  code of domestic and foreign insurers licensed to transact the same
  254-8  kind of insurance.
  254-9        (b)  The books, records, and accounting for trusteed assets
 254-10  shall be kept and maintained, in English, in the Texas branch
 254-11  office of any alien insurer entering the United States through this
 254-12  state.
 254-13        SECTION 11.03.  Article 21.43, Insurance Code, is amended to
 254-14  read as follows:
 254-15        Art. 21.43.  FOREIGN OR ALIEN INSURANCE CORPORATIONS
 254-16        Sec. 1.  DEFINITIONS.  In this article:
 254-17              (1)  "Foreign insurance corporation" means an insurance
 254-18  company organized under the laws of any other state or territory of
 254-19  the United States, other than an insurance company subject to
 254-20  Subchapter B, Chapter 3, of this code.
 254-21              (2)  "Alien insurance corporation" means an insurance
 254-22  company organized under the laws of a foreign country, other than
 254-23  one subject to Subchapter B, Chapter 3, of this code.
 254-24              (3)  "United States branch" means:
 254-25                    (A)  the business unit through which business is
 254-26  transacted within the United States by an alien insurer;
 254-27                    (B)  the assets and liabilities of the insurer
  255-1  within the United States relating to that business;
  255-2                    (C)  the management powers relating to that
  255-3  business and to the assets and liabilities; or
  255-4                    (D)  any combination of that business unit, those
  255-5  assets and liabilities, and management powers.
  255-6        Sec. 2.  SCOPE.  This article applies to an insurance
  255-7  corporation incorporated under the laws of another state,
  255-8  territory, or country, that desires to transact the business of
  255-9  insurance in this state, other than a corporation subject to
 255-10  Subchapter B, Chapter 3, of this code.
 255-11        Sec. 3.  CERTIFICATE OF AUTHORITY REQUIRED.  (a)  It is
 255-12  unlawful, except as provided by Articles 1.14-1 and 1.14-2 of this
 255-13  code, for any foreign insurance corporation or alien insurance
 255-14  corporation of the type provided for in any chapter of this code to
 255-15  engage in the business of insuring others against losses that may
 255-16  be insured against under the laws of this state without initially
 255-17  procuring a certificate of authority from the commissioner of
 255-18  insurance permitting the corporation to engage in those business
 255-19  activities.
 255-20        (b)  This article does not prohibit a foreign insurer from
 255-21  reinsuring a domestic insurer or prohibit the location in this
 255-22  state of a company that does not directly insure either persons
 255-23  domiciled in this state or other risks located in this state.
 255-24        Sec. 4.  ANNUAL FINANCIAL STATEMENT TO BE FILED.  (a)  A
 255-25  foreign or alien insurance corporation that desires to transact the
 255-26  business of insurance in this state shall furnish to the Texas
 255-27  Department of Insurance copies of its annual financial statements
  256-1  for the two most recent years that are certified by the
  256-2  commissioner or other insurance supervising official of the state
  256-3  or country in which the insurer is organized and incorporated.  The
  256-4  department may require any additional facts to be shown by that
  256-5  annual statement.
  256-6        (b)  Each foreign insurance corporation shall file a
  256-7  statement similar to that required under Subsection (a) of this
  256-8  section not later than March 1 of each year.
  256-9        (c)  Each alien insurance corporation shall file a financial
 256-10  statement as provided by Section 11 of this article.
 256-11        Sec. 5.  ARTICLES OF INCORPORATION TO BE FILED.   A foreign
 256-12  or alien insurance corporation shall accompany the statement
 256-13  required under Section 4 of this article with a  certified copy of
 256-14  its acts or articles of incorporation, all amendments to the acts
 256-15  or articles of incorporation, and a copy of its by-laws, together
 256-16  with the name and residence of each of its officers and directors.
 256-17  Those documents shall be certified under the hand of the president
 256-18  or secretary of the corporation.
 256-19        Sec. 6.  EXAMINATION REQUIRED.  Before issuing a certificate
 256-20  of authority to do business in this state to a foreign or alien
 256-21  insurance corporation, the commissioner shall either conduct an
 256-22  examination of the insurer at the expense of the insurer at its
 256-23  principal office in the United States, or accept a report of an
 256-24  examination made by the insurance department or other insurance
 256-25  supervisory official of any other state, or of any government of a
 256-26  foreign country.
 256-27        Sec. 7.  ALIEN CORPORATIONS TO DEPOSIT.  (a)  An alien
  257-1  insurance corporation may not transact business in this state
  257-2  unless it first deposits and keeps deposited with the treasurer of
  257-3  this state, for the benefit of the policyholders of the corporation
  257-4  who are citizens or residents of the United States, bonds or
  257-5  securities of the United States or of this state in an amount at
  257-6  least equal to:
  257-7              (1)  the minimum capital required to be maintained by a
  257-8  domestic stock insurer licensed to transact the same kind of
  257-9  insurance; or
 257-10              (2)  one-half the minimum free surplus required to be
 257-11  maintained by a domestic mutual insurer licensed to transact the
 257-12  same kind of insurance.
 257-13        (b)  On approval by the commissioner in accordance with
 257-14  Section 10 of this article, a licensed alien insurer may be
 257-15  permitted to deposit assets with a trustee for the security of its
 257-16  policyholders in the United States instead of making the deposit
 257-17  with the state treasurer required under Subsection (a) of this
 257-18  article if those assets are composed of securities or bonds of the
 257-19  United States or this state and are maintained in accordance with
 257-20  Section 10 of this article.
 257-21        (c)  If the deposit required by Subsection (a) of this
 257-22  section has been made in any state of the United States, under the
 257-23  laws of that state, in a manner that secures equally all the
 257-24  policyholders of the corporation who are citizens or residents of
 257-25  the United States, a deposit in this state is not required, but a
 257-26  certificate of the deposit under the hand and seal of the officer
 257-27  of the state with whom the deposit has been made must be filed with
  258-1  the department.
  258-2        Sec. 8.  PURPOSE AND DURATION OF DEPOSIT.  The deposit
  258-3  required by Section 7 of this article shall be for the exclusive
  258-4  benefit, security, and protection of policyholders of the insurer
  258-5  in the United States.  The deposit shall be maintained as long as
  258-6  any liability of the insurer arising out of its insurance
  258-7  transactions in the United States remains outstanding.
  258-8        Sec. 9.  LAW DEEMED ACCEPTED.  The provisions of this code
  258-9  are conditions under which a foreign or alien insurance corporation
 258-10  is permitted to conduct the business of insurance in this state,
 258-11  and any foreign or alien corporation engaged in issuing contracts
 258-12  or policies in this state is considered to have agreed to comply
 258-13  fully with those provisions as a prerequisite to the right to
 258-14  engage in business in this state.
 258-15        Sec. 10.  TRUSTEED ASSETS OF ALIEN INSURANCE CORPORATION.
 258-16  (a)  The assets that an authorized alien insurance corporation is
 258-17  required or permitted by this article to deposit with a trustee for
 258-18  the security of its policyholders in the United States shall be
 258-19  known as "trusteed assets."  All trusteed assets shall be kept
 258-20  continuously in the United States, and the trusteed assets of an
 258-21  alien insurance corporation entering the United States through this
 258-22  state shall be kept continuously in this state.
 258-23        (b)  The deed of trust and all amendments to the deed of
 258-24  trust of that insurance corporation shall be authenticated in the
 258-25  form and manner prescribed by the commissioner, and do not take
 258-26  effect unless approved by the commissioner.
 258-27        (c)  The commissioner shall approve a deed of trust if the
  259-1  commissioner finds:
  259-2              (1)  the deed of trust or its amendments are sufficient
  259-3  in form and are in conformity with applicable law;
  259-4              (2)  the trustee is eligible to serve as a trustee
  259-5  under this article; and
  259-6              (3)  the deed of trust is adequate to protect the
  259-7  interest of the beneficiaries of the trust.
  259-8        (d)  If, after notice and hearing, the commissioner finds
  259-9  that the requirements for approval of the deed of trust no longer
 259-10  exist, the commissioner may withdraw approval.
 259-11        (e)  The commissioner may from time to time approve
 259-12  modifications or variations of a deed of trust that in the
 259-13  commissioner's judgment are in the best interests of the state.
 259-14        (f)  The deed of trust must include provisions that:
 259-15              (1)  vest legal title to trusteed assets in the trustee
 259-16  and lawfully appointed successors to the trustee, in trust for the
 259-17  security of all policyholders of the alien insurance corporation in
 259-18  the United States;
 259-19              (2)  provide for substitution of a new trustee in the
 259-20  event of vacancy by death, resignation, or other incapacity,
 259-21  subject to the approval of the commissioner; and
 259-22              (3)  require that the trustee continuously maintain a
 259-23  record at all times sufficient to identify the assets of the trust
 259-24  fund.
 259-25        (g)  The deed of trust may provide that income, earnings,
 259-26  dividends, or interest accumulations of the assets of the trust
 259-27  fund may be paid to the United States manager of the alien
  260-1  insurance corporation, on request.
  260-2        (h)  The deed of trust must provide that a withdrawal of
  260-3  assets, other than income as specified by Subsection (g) of this
  260-4  section, may not be made or permitted by the trustee without prior
  260-5  written approval of the commissioner, except a withdrawal to:
  260-6              (1)  make deposits required by law in any state for the
  260-7  security or benefit of all policyholders of the alien insurance
  260-8  corporation in the United States;
  260-9              (2)  substitute other assets as permitted by law and at
 260-10  least equal in value to those withdrawn, on the specific written
 260-11  direction of the United States manager or an assistant United
 260-12  States manager when duly empowered and acting under either general
 260-13  or specific written authority previously given or delegated by the
 260-14  board of directors; or
 260-15              (3)  transfer the assets to an official liquidator or
 260-16  rehabilitator under an order issued by a court of competent
 260-17  jurisdiction.
 260-18        (i)  On withdrawal of trusteed assets deposited in another
 260-19  state in which the insurance corporation is authorized to do
 260-20  business, the deed of trust may require similar written approval of
 260-21  the insurance supervising official of that state instead of
 260-22  approval by the commissioner as required under Subsection (h) of
 260-23  this section.  In such a case, the alien insurance corporation
 260-24  shall notify the commissioner in writing of the nature and extent
 260-25  of the withdrawal.
 260-26        Sec. 11.  TRUSTEED SURPLUS OF ALIEN INSURANCE CORPORATION.
 260-27  (a)  Each authorized alien insurance corporation shall file with
  261-1  the department not later than March 1 of each year on a form
  261-2  prescribed by the commissioner a financial statement showing, as of
  261-3  last year's end, the following:
  261-4              (1)  all its general deposits of assets in the United
  261-5  States that are deposited with officers of any state in trust for
  261-6  the exclusive benefit, security, and protection of its
  261-7  policyholders in the United States;
  261-8              (2)  all its special deposits of assets in the United
  261-9  States that are deposited with officers of any state in trust for
 261-10  the exclusive benefit, security, and protection of its
 261-11  policyholders in a particular state;
 261-12              (3)  all its trusteed assets in the United States that
 261-13  are held by a trustee for the exclusive benefit, security, and
 261-14  protection of all its policyholders in the United States;
 261-15              (4)  all its reserves and other liabilities that arise
 261-16  out of policies or obligations issued, assumed, or incurred in the
 261-17  United States; and
 261-18              (5)  any additional information determined by the
 261-19  commissioner to be necessary to implement this section.
 261-20        (b)  In determining the net amount of an alien insurance
 261-21  corporation's liabilities in the United States, a deduction may be
 261-22  made for:
 261-23              (1)  reinsurance on losses with insurers qualifying for
 261-24  credit, less unpaid reinsurance premiums, with a schedule showing
 261-25  by company the amount deducted; and
 261-26              (2)  unearned premiums on agents' balances or
 261-27  uncollected premiums not more than 90 days past due.
  262-1        (c)  Any liability on an asset not considered in the
  262-2  financial statement may be applied against that asset.
  262-3        (d)  A credit may not be allowed in the statement for any
  262-4  special state deposit held for the exclusive benefit of
  262-5  policyholders of a particular state except as an offset against the
  262-6  liabilities of the alien insurance corporation in that state.
  262-7        (e)  The accrued interest at the date of the financial
  262-8  statement on assets deposited with states and trustees shall be
  262-9  allowed in the statement if the interest is collected by the states
 262-10  or trustees.
 262-11        (f)  The aggregate value of the insurer's general state
 262-12  deposits and trusteed assets less the aggregate net amount of all
 262-13  its liabilities and reserves in the United States as determined in
 262-14  accordance with this section shall be known as its "trusteed
 262-15  surplus" in the United States.  If it appears to the commissioner
 262-16  from a financial statement or a report that an alien insurance
 262-17  corporation's trusteed surplus is reduced below the greater of
 262-18  minimum capital required of, or the minimum surplus required to be
 262-19  maintained by, a domestic insurer licensed to transact the same
 262-20  kinds of insurance, the commissioner shall determine the amount of
 262-21  the impairment and shall order the insurance corporation, through
 262-22  its United States manager or attorney, to eliminate the impairment
 262-23  within a period designated by the commissioner, but not more than
 262-24  90 days from service of the order.  The commissioner by order may
 262-25  also revoke or suspend the alien insurance corporation's license or
 262-26  prohibit it from issuing new policies in the United States while
 262-27  the impairment exists.  If, at the expiration of the designated
  263-1  period, the insurance corporation has not satisfied the
  263-2  commissioner that the impairment has been eliminated, the
  263-3  commissioner may proceed against the insurance corporation under
  263-4  Article 21.28-A of this code as an insurer whose further
  263-5  transaction of the business of insurance in the United States will
  263-6  be hazardous to its policyholders in the United States.
  263-7        (g)  The trusteed surplus statement shall be signed and
  263-8  verified by the United States manager, attorney-in-fact, or a duly
  263-9  empowered assistant United States manager of the alien insurance
 263-10  corporation.  The items of securities and other property held under
 263-11  trust deeds shall be certified to by the United States trustee.
 263-12  The commissioner may at any time and for any time period determined
 263-13  necessary require further statements of the same kind.
 263-14        Sec. 12.  EXAMINATION OF ALIEN INSURANCE CORPORATIONS.  (a)
 263-15  The books, records, accounting, and verification relating to the
 263-16  trusteed assets of an authorized alien insurance corporation are
 263-17  subject to examination by the department or the department's
 263-18  representative at the United States branch office of the
 263-19  corporation, in the same manner and to the same extent as an
 263-20  examination under Articles 1.15 and 1.16 of this code of domestic
 263-21  and foreign insurers licensed to transact the same kind of
 263-22  insurance.
 263-23        (b)  The books, records, and accounting for trusteed assets
 263-24  shall be kept and maintained, in English, in the Texas branch
 263-25  office of any alien insurance corporation entering the United
 263-26  States through this state.
 263-27        Sec. 13.  MISCELLANEOUS PROVISIONS.  (a)  <It shall be
  264-1  unlawful, except as is provided for surplus lines in Articles
  264-2  1.14-1 and 1.14-2 of this code, for any foreign insurance
  264-3  corporation of the type provided for in any chapter of this code to
  264-4  engage in the business of insuring others against losses which may
  264-5  be insured against under the laws of this state without initially
  264-6  procuring a certificate of authority from the commissioner of
  264-7  insurance permitting it to engage in those business activities.>
  264-8        <(b)  This article does not prohibit a foreign insurer from
  264-9  reinsuring a domestic insurer or prohibit the location in Texas of
 264-10  a company that does not directly insure either persons domiciled or
 264-11  other risks located in this state.>
 264-12        <(c)  The provisions of this code are conditions on which the
 264-13  foreign insurance corporations are permitted to do business in this
 264-14  state, and any of the foreign corporations engaged in issuing
 264-15  contracts or policies in this state are deemed to have agreed to
 264-16  these conditions as a prerequisite to the right to engage in
 264-17  business in this state.>
 264-18        <(d)>  A foreign or alien insurance corporation may not be
 264-19  denied permission to do business in this state on the ground that
 264-20  all of its authorized capital stock has not been fully subscribed
 264-21  and paid for if:
 264-22              (1)  at least the minimum dollar amount of capital
 264-23  stock of the corporation required by the laws of this state (which
 264-24  may be less than all of its authorized capital stock) has been
 264-25  subscribed and paid for;
 264-26              (2)  it has at least the minimum dollar amount of
 264-27  surplus required by the laws of this state for the kinds of
  265-1  business the corporation seeks to write; and
  265-2              (3)  the corporation has fully complied with the laws
  265-3  of its domiciliary state or country relating to authorization and
  265-4  issuance of capital stock.
  265-5        (b) <(e)>  A foreign casualty insurer may not be required to
  265-6  make or maintain the deposit required of domestic casualty insurers
  265-7  by Article 8.05 of this code if a similar deposit has been made in
  265-8  any state of the United States, under the laws of that state, in a
  265-9  manner that secures equally all the policyholders of the company
 265-10  who are citizens and residents of the United States.  A certificate
 265-11  of the deposit under the signature and seal of the officer of the
 265-12  other state with whom the deposit is made must be filed with the
 265-13  department <board>.
 265-14        (c) <(f)>  A foreign or alien insurance corporation subject
 265-15  to this code may not be denied permission to do business in this
 265-16  state because the name of the corporation is the same as, or
 265-17  deceptively similar to, the name of any domestic corporation
 265-18  existing under the laws of this state or of any foreign  or alien
 265-19  corporation authorized to transact business in this state if the
 265-20  foreign or alien insurance corporation:
 265-21              (1)  files an assumed name certificate setting forth a
 265-22  name permitted under the laws of this state with the Texas
 265-23  Department <State Board> of Insurance and with any county clerks as
 265-24  provided by Section 36.10 or 36.11, Business & Commerce Code; and
 265-25              (2)  does not transact or conduct any business in this
 265-26  state except under the assumed name.
 265-27        (d) <(g)>  No action on or involving any contract entered
  266-1  into in this state between an insurance corporation and a resident
  266-2  of this state shall be commenced in or transferred to a court in
  266-3  another state without the consent of the resident of this state.
  266-4        SECTION 11.04.  Article 21.44, Insurance Code, is amended to
  266-5  read as follows:
  266-6        Art. 21.44.  CAPITAL AND SURPLUS REQUIREMENTS FOR FOREIGN OR
  266-7  ALIEN INSURANCE COMPANIES <OTHER THAN LIFE>.  No foreign or alien
  266-8  insurance corporation subject to Article 21.43 of this Code
  266-9  <company other than one doing a life insurance business> shall be
 266-10  permitted to do business within this State unless it shall have and
 266-11  maintain the minimum requirements of this Code as to capital or
 266-12  surplus or both, applicable to companies organized under this Code
 266-13  doing the same kind or kinds of insurance business.
 266-14                    ARTICLE 12.  REINSURANCE ISSUES
 266-15        SECTION 12.01.  Article 3.10(a), Insurance Code, is amended
 266-16  to read as follows:
 266-17        (a)  Any insurer authorized to do the business of insurance
 266-18  in this state may reinsure in any solvent assuming insurer, any
 266-19  risk or part of a risk which both are authorized to assume;
 266-20  provided, however, no credit for reinsurance, either as an asset or
 266-21  a deduction of liability, may be taken by the ceding insurer except
 266-22  as provided in this article, and, provided further, no insurer
 266-23  operating under Section 2(a) of Article 3.02 shall reinsure any
 266-24  risk or part of a risk with any insurer which is not licensed to
 266-25  engage in the business of insurance in this state.  This article
 266-26  applies to all insurers regulated by the State Board of Insurance,
 266-27  including any stock and mutual life, accident, and health insurers,
  267-1  fraternal benefit societies, health maintenance organizations
  267-2  operating under the Texas Health Maintenance Organization Act
  267-3  (Chapter 20A, Vernon's Texas Insurance Code), and nonprofit
  267-4  hospital, medical, or dental service corporations, including
  267-5  companies subject to Chapter 20 of this code.  No such insurer
  267-6  shall have the power to reinsure its entire outstanding business to
  267-7  an assuming insurer unless the assuming insurer is licensed in this
  267-8  state and until the contract therefor shall be submitted to the
  267-9  Commissioner and approved by him as protecting fully the interests
 267-10  of all policy holders. This article does not apply to ceding
 267-11  insurers domiciled in another state that regulates credit for
 267-12  reinsurance under statutes, rules, or regulations substantially
 267-13  similar in substance or effect to this article.  To qualify for
 267-14  this exception, the ceding insurer must provide the Commissioner on
 267-15  request with evidence of the similarity in the form of statutes,
 267-16  rules, or regulations, and an interpretation of the statutes,
 267-17  rules, or regulations and the standards used by the state of
 267-18  domicile.  This article is supplementary to and cumulative of other
 267-19  provisions of this code and other insurance laws of this state
 267-20  relating to reinsurance to the extent those provisions are not in
 267-21  conflict with this article.
 267-22        SECTION 12.02.  Section 2(c), Article 4.11, Insurance Code,
 267-23  is amended to read as follows:
 267-24        (c)  "Gross premiums" are the total gross amount of all
 267-25  premiums, membership fees, assessments, dues, and any other
 267-26  considerations for such insurance received during the taxable year
 267-27  on each and every kind of such insurance policy or contract
  268-1  covering persons located in the State of Texas and arising from the
  268-2  types of insurance specified in Section 1 of this article, but
  268-3  deducting returned premiums, any dividends applied to purchase
  268-4  paid-up additions to insurance or to shorten the endowment or
  268-5  premium payment period, and excluding those premiums received from
  268-6  insurance carriers for reinsurance and there shall be no deduction
  268-7  for premiums paid for reinsurance.  For purposes of this article, a
  268-8  stop-loss or excess loss insurance policy issued to a health
  268-9  maintenance organization, as defined under the Texas Health
 268-10  Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance
 268-11  Code), shall be considered reinsurance.  Such gross premiums shall
 268-12  not include premiums received from the Treasury of the State of
 268-13  Texas or from the Treasury of the United States for insurance
 268-14  contracted for by the state or federal government for the purpose
 268-15  of providing welfare benefits to designated welfare recipients or
 268-16  for insurance contracted for by the state or federal government in
 268-17  accordance with or in furtherance of the provisions of Title 2,
 268-18  Human Resources Code, or the Federal Social Security Act.  The
 268-19  gross premiums receipts so reported shall not include the amount of
 268-20  premiums paid on group health, accident, and life policies in which
 268-21  the group covered by the policy consists of a single nonprofit
 268-22  trust established to provide coverage primarily for municipal or
 268-23  county employees of this state.
 268-24        SECTION 12.03.  Section 6(a), Texas Health Maintenance
 268-25  Organization Act (Article 20A.06, Vernon's Texas Insurance Code),
 268-26  is amended to read as follows:
 268-27        (a)  The powers of a health maintenance organization include,
  269-1  but are not limited to, the following:
  269-2              (1)  the purchase, lease, construction, renovation,
  269-3  operation, or maintenance of hospitals, medical facilities, or
  269-4  both, and ancillary equipment and such property as may reasonably
  269-5  be required for its principal office or for such other purposes as
  269-6  may be necessary in the transaction of the business of the health
  269-7  maintenance organization;
  269-8              (2)  the making of loans to a medical group, under an
  269-9  independent contract with it in furtherance of its program, or
 269-10  corporations under its control, for the purpose of acquiring or
 269-11  constructing medical facilities and hospitals, or in the
 269-12  furtherance of a program providing health care services to
 269-13  enrollees;
 269-14              (3)  the furnishing of or arranging for medical care
 269-15  services only through physicians or groups of physicians who have
 269-16  independent contracts with the health maintenance organizations;
 269-17  the furnishing of or arranging for the delivery of health care
 269-18  services only through providers or groups of providers who are
 269-19  under contract with or employed by the health maintenance
 269-20  organization or through physicians or providers who have contracted
 269-21  for health care services with those physicians or providers, except
 269-22  for the furnishing of or authorization for emergency services,
 269-23  services by referral, and services to be provided outside of the
 269-24  service area as approved by the commissioner; provided, however,
 269-25  that a health maintenance organization is not authorized to employ
 269-26  or contract with physicians or providers in any manner which is
 269-27  prohibited by any licensing law of this state under which such
  270-1  physicians or providers are licensed;
  270-2              (4)  the contracting with any person for the
  270-3  performance on its behalf of certain functions such as marketing,
  270-4  enrollment, and administration;
  270-5              (5)  the contracting with an insurance company licensed
  270-6  in this state, or with a group hospital service corporation
  270-7  authorized to do business in the state, for the provision of
  270-8  insurance, reinsurance, indemnity, or reimbursement against the
  270-9  cost of health care and medical care services provided by the
 270-10  health maintenance organization;
 270-11              (6)  the offering of:
 270-12                    (A)  indemnity benefits covering out-of-area
 270-13  emergency services; and
 270-14                    (B)  indemnity benefits in addition to those
 270-15  relating to out-of-area and emergency services, provided through
 270-16  insurers or group hospital service corporations;
 270-17              (7)  receiving and accepting from government or private
 270-18  agencies payments covering all or part of the cost of the services
 270-19  provided or arranged for by the organization;
 270-20              (8)  all powers given to corporations (including
 270-21  professional corporations and associations), partnerships, and
 270-22  associations pursuant to their organizational documents which are
 270-23  not in conflict with provisions of this Act, or other applicable
 270-24  law.
 270-25                 ARTICLE 13.  MOTOR VEHICLE INSURANCE
 270-26        SECTION 13.01.  Section 1B, Texas Motor Vehicle
 270-27  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  271-1  Statutes), is amended by amending Subsection (a) and adding
  271-2  Subsection (d) to read as follows:
  271-3        (a)  As a condition of operating a motor vehicle in this
  271-4  state, the operator of the motor vehicle shall furnish, on request
  271-5  of a peace officer or a person involved in an accident with the
  271-6  operator:
  271-7              (1)  a liability insurance policy in at least the
  271-8  minimum amounts required by this Act, or a photocopy of that
  271-9  policy, that covers the vehicle;
 271-10              (2)  a standard proof of liability insurance form
 271-11  promulgated by the Texas Department of Insurance and issued by a
 271-12  liability insurer that:
 271-13                    (A)  includes the name of the insurer;
 271-14                    (B)  includes the insurance policy number;
 271-15                    (C)  includes the policy period;
 271-16                    (D)  includes the name and address of each
 271-17  insured;
 271-18                    (E)  includes the policy limits or a statement
 271-19  that the coverage of the policy complies with at least the minimum
 271-20  amounts of liability insurance required by this Act; and
 271-21                    (F)  includes the make and model of each covered
 271-22  vehicle;
 271-23              (3)  an insurance binder that confirms that the
 271-24  operator is in compliance with this Act;
 271-25              (4)  a certificate or copy of a certificate issued by
 271-26  the department that shows the vehicle is covered by self-insurance;
 271-27              (5)  a certificate issued by the state treasurer that
  272-1  shows that the owner of the vehicle has on deposit with the
  272-2  treasurer money or securities in at least the amount required by
  272-3  Section 25 of this Act;
  272-4              (6)  a certificate issued by the department that shows
  272-5  that the vehicle is a vehicle for which a bond is on file with the
  272-6  department as provided by Section 24 of this Act; or
  272-7              (7)  a copy of a certificate issued by the county judge
  272-8  of a county in which the vehicle is registered that shows that the
  272-9  owner of the vehicle has on deposit with the county judge cash or a
 272-10  cashier's check in at least the amount required by Section 1A(b)(6)
 272-11  of this Act.
 272-12        (d)  A standard proof of liability insurance form described
 272-13  in Subsection (A)(2) of this section, or a document that is an
 272-14  unauthorized version of the form, is a governmental record for
 272-15  purposes of Chapter 37, Penal Code.  A standard proof of liability
 272-16  insurance form is unauthorized for purposes of this subsection if
 272-17  it is not issued by an insurer authorized to transact motor vehicle
 272-18  liability insurance in this state.
 272-19        SECTION 13.02.  Section 19, Texas Motor Vehicle
 272-20  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
 272-21  Statutes), is amended by adding Subsection (c) to read as follows:
 272-22        (c)  A certificate described in Subsection (a) of this
 272-23  section, or a document that is an unauthorized version of the
 272-24  certificate, is a governmental record for purposes of Chapter 37,
 272-25  Penal Code.  A certificate is unauthorized for purposes of this
 272-26  subsection if it is not issued by an insurer authorized to transact
 272-27  motor vehicle liability insurance in this state.
  273-1        SECTION 13.03.  Section 21, Texas Motor Vehicle
  273-2  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  273-3  Statutes), is amended by adding Subsection (b-1) to read as
  273-4  follows:
  273-5        (b-1)  The commissioner of insurance, by rule, shall require
  273-6  that the owner's policy of liability insurance exclude coverage for
  273-7  the liability of a person insured under the policy for a bodily
  273-8  injury to or death of the insured or a family member of the
  273-9  insured.  For purposes of this subsection, "family member" means:
 273-10              (1)  the spouse of the insured, including a spouse who
 273-11  is not a resident of the insured's household during a period of
 273-12  separation in contemplation of divorce; or
 273-13              (2)  a person who is a resident of the insured's
 273-14  household and who is:
 273-15                    (A)  related to the insured by blood, marriage,
 273-16  or adoption; or
 273-17                    (B)  a ward or foster child of the insured.
 273-18        SECTION 13.04.  Article 5.06, Insurance Code, is amended by
 273-19  adding Subsection (9) to read as follows:
 273-20        (9)  The commissioner, by rule, shall require that a policy
 273-21  form adopted under this article exclude coverage for the liability
 273-22  of an individual insured under the policy for bodily injury to or
 273-23  death of the insured or a family member of the insured.  For
 273-24  purposes of this subsection, "family member" has the meaning
 273-25  assigned by Section 21(b-1), Texas Motor Vehicle
 273-26  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
 273-27  Statutes).
  274-1        SECTION 13.05.  Subchapter F, Chapter 21, Insurance Code, is
  274-2  amended by adding Article 21.81 to read as follows:
  274-3        Art. 21.81.  TEXAS AUTOMOBILE INSURANCE PLAN ASSOCIATION
  274-4        Sec. 1.  DEFINITIONS.  In this article:
  274-5              (1)  "Association" means the Texas Automobile Insurance
  274-6  Plan Association established under this article.
  274-7              (2)  "Authorized insurer" means any insurer authorized
  274-8  by the department to write motor vehicle liability coverage under
  274-9  the provisions of Chapter 5 of this code.  The term does not
 274-10  include an insurer organized under Chapter 17 of this code.
 274-11              (3)  "Insurance" means an insurance policy that meets
 274-12  the requirements of the Texas Motor Vehicle Safety-Responsibility
 274-13  Act (Article 6701h, Vernon's Texas Civil Statutes).
 274-14              (4)  "Rate board" means the Texas Insurance Rate Board.
 274-15              (5)  "Plan of operation" means the plan for operating
 274-16  the association to provide a means by which insurance may be
 274-17  assigned to an eligible person who is required by law to show proof
 274-18  of financial responsibility for the future.
 274-19        Sec. 2.  CREATION OF THE ASSOCIATION.  (a)  The Texas
 274-20  Automobile Insurance Plan Association is established.  The
 274-21  association is a nonprofit corporate body composed of all
 274-22  authorized insurers.  Each authorized insurer shall be a member of
 274-23  the association and shall remain a member of the association so
 274-24  long as the association is in existence as a condition of its
 274-25  authority to write motor vehicle liability insurance in this state.
 274-26        (b)  The association shall be administered by a governing
 274-27  committee composed of fifteen members selected as follows:
  275-1              (1)  eight members who represent the interests of
  275-2  insurers, elected by the members of the association according to a
  275-3  method determined by such members;
  275-4              (2)  five public members nominated by the Office of
  275-5  Public Insurance Counsel and selected by the commissioner; and
  275-6              (3)  two members who are licensed local recording
  275-7  agents, selected by the commissioner.
  275-8        (c)  To be eligible to serve on the governing committee as a
  275-9  representative of insurers, a person must be a full-time employee
 275-10  of an authorized insurer.
 275-11        (d)  A person may not serve on the governing committee as a
 275-12  public member if that person, an individual related to that person
 275-13  within the second degree of consanguinity or affinity, or an
 275-14  individual residing in the same household with that person is:
 275-15              (1)  required to be registered or licensed under this
 275-16  code or another insurance law of this state;
 275-17              (2)  employed by or acts as a consultant to a person
 275-18  required to be registered or licensed under this code or another
 275-19  insurance law of this state;
 275-20              (3)  the owner of, has a financial interest in, or
 275-21  participates in the management  of an organization required to be
 275-22  registered or licensed under this code or another insurance law of
 275-23  this state;
 275-24              (4)  an officer, employer, or consultant of an
 275-25  association in the field of insurance; or
 275-26              (5)  required to register as a lobbyist under Chapter
 275-27  305, Government Code.
  276-1        Sec. 3.  AUTHORITY OF THE ASSOCIATION; PLAN OF OPERATION.
  276-2  (a)  The governing committee has the responsibility for the
  276-3  administration of the association through the plan of operation.
  276-4  The association may collect funds from the member companies to
  276-5  provide for the operation of the association.  Assessments must be
  276-6  made upon member companies in proportion to their writings of motor
  276-7  vehicle liability insurance in this state.  If an assessment made
  276-8  upon a member insurer is not paid within a reasonable time, the
  276-9  association may bring an action to collect the assessment.  In
 276-10  addition, the association may report the failure to pay to the
 276-11  commissioner, who may institute a disciplinary action under Article
 276-12  1.10 of this code.  The association has the powers granted to
 276-13  nonprofit corporations under the Texas Non-Profit Corporation Act
 276-14  (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes).
 276-15        (b)  The plan of operation of the association must provide
 276-16  for the efficient, economical, fair, and nondiscriminatory
 276-17  administration of the association.
 276-18        (c)  Subject to the approval of the commissioner, the
 276-19  governing committee may adopt and amend the plan of operation.
 276-20        (d)  If the commissioner at any time believes that any part
 276-21  of the plan of operation is not in keeping with the purposes of the
 276-22  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
 276-23  Vernon's Texas Civil Statutes), the commissioner shall notify the
 276-24  governing committee in writing so that the governing committee may
 276-25  take corrective action.
 276-26        (e)  Among other provisions, the plan of operation must
 276-27  contain incentive programs to encourage members to write insurance
  277-1  on a voluntary basis and to minimize the use of the association as
  277-2  a means to obtain insurance.  The incentive programs are effective
  277-3  on approval of the commissioner.  One of these programs shall
  277-4  target underserved geographic areas which shall be determined and
  277-5  designated by the commissioner by rule.  In determining which areas
  277-6  will be designated as underserved, the commissioner shall consider
  277-7  the availability of insurance, the number of uninsured drivers, the
  277-8  number of drivers insured through the association, and any other
  277-9  relevant factor.
 277-10        (f)  The plan of operation must include a voluntary,
 277-11  competitive limited assignment distribution plan that allows
 277-12  members to contract directly with another member to service
 277-13  applications assigned to that member by the association.  A
 277-14  servicing company must be an insurance company licensed to write
 277-15  automobile insurance in this state and is qualified if it has
 277-16  written automobile liability insurance in Texas for at least five
 277-17  years or is currently engaged as a servicing carrier for assigned
 277-18  risk automobile business in at least one other state.  After notice
 277-19  and hearing, the commissioner may prohibit an insurer from acting
 277-20  as a servicing carrier.  The terms of the contract between the
 277-21  servicing carrier and the insurer, including the buy-out fee, shall
 277-22  be determined by negotiation between the parties.  The governing
 277-23  committee may adopt reasonable rules for the conduct of business
 277-24  under the contract.
 277-25        Sec. 4.  DUTIES AND FUNCTIONS OF THE ASSOCIATION.  (a)  The
 277-26  association shall provide a means by which insurance may be
 277-27  assigned to an authorized insurance company for a person required
  278-1  by the Texas Motor Vehicle Safety-Responsibility Act (Article
  278-2  6701h, Vernon's Texas Civil Statutes) to show proof of financial
  278-3  responsibility for the future.
  278-4        (b)  An applicant is not eligible for insurance through the
  278-5  association unless the applicant and the servicing agent certify as
  278-6  part of the application to the association that the applicant has
  278-7  been rejected for insurance by at least two insurers licensed to do
  278-8  business in this state and actually writing automobile insurance in
  278-9  this state.
 278-10        (c)  A person who obtains, from any source, excess private
 278-11  passenger auto liability insurance coverage over the minimum auto
 278-12  liability coverage required by law is ineligible for insurance
 278-13  through the association.  The coverage for the excess and basic
 278-14  limits policies is not affected by a violation of this section
 278-15  unless the insurer shows that the insured had actual knowledge that
 278-16  they were ineligible for coverage through the association.  An
 278-17  agent may not knowingly write excess private passenger auto
 278-18  liability insurance coverage if the minimum auto liability coverage
 278-19  required by law is provided through the association.  If an agent
 278-20  violates this section, the agent, after notice and hearing, is
 278-21  subject to the penalties provided by Section 7, Article 1.10, of
 278-22  this code.
 278-23        Sec. 5.  RATES FOR INSURANCE.  (a)  At least annually, the
 278-24  rate board shall conduct a hearing for the purpose of determining
 278-25  appropriate rates to be charged for insurance provided through the
 278-26  association.  The association may appear as a matter of right,
 278-27  shall be admitted as a party to present testimony at the hearing,
  279-1  and may file information for consideration by the rate board.  The
  279-2  rate board shall determine and prescribe rates that are just,
  279-3  reasonable, adequate, not excessive, not confiscatory, and not
  279-4  unfairly discriminatory for the risks to which they apply.  Rates
  279-5  shall be set in an amount sufficient to carry all claims to
  279-6  maturity and to meet the expenses incurred in the writing and
  279-7  servicing of the business.  In making its determination, the rate
  279-8  board shall consider the reports of aggregated premiums earned and
  279-9  losses and expenses incurred in the writing of motor vehicle
 279-10  insurance through the plan collected under the statistical plan
 279-11  provided for by Subsection (b) of this section.
 279-12        (b)  The rate board shall promulgate reasonable rules and
 279-13  statistical plans to be used by each insurer in the recording and
 279-14  reporting of its premium, loss, and expense experience which must
 279-15  be reported separately for business assigned to it and other data
 279-16  required by the board.
 279-17        Sec. 6.  IMMUNITY FROM LIABILITY.  (a)  The association, a
 279-18  member of the governing committee, and any employee of the
 279-19  association is not personally liable for any act performed in good
 279-20  faith within the scope of the person's authority as determined
 279-21  under this article or the plan of operation or for damages
 279-22  occasioned by the person's official acts or omissions except for an
 279-23  act or omission that is corrupt or malicious.  The association
 279-24  shall provide counsel to defend any action brought against a member
 279-25  of the governing committee or an employee by reason of the person's
 279-26  official act or omission whether or not at the time of the
 279-27  institution of the action the defendant has terminated service with
  280-1  the association.
  280-2        (b)  This section is cumulative with and does not affect or
  280-3  modify any common law or statutory privilege or immunity.
  280-4        SECTION 13.06.  Section 35, Texas Motor Vehicle
  280-5  Safety-Responsibility Act (Article 6701h, Vernon's Texas Civil
  280-6  Statutes), is repealed.
  280-7        SECTION 13.07.  The change in law made by Sections
  280-8  13.01-13.05 of this Act applies only to an insurance policy that is
  280-9  delivered, issued for delivery, or renewed on or after January 1,
 280-10  1994.  An insurance policy that is delivered, issued for delivery,
 280-11  or renewed before January 1, 1994, is governed by the law as it
 280-12  existed immediately before the effective date of this Act, and that
 280-13  law is continued in effect for that purpose.
 280-14        SECTION 13.08.  (a)  Not later than December 31, 1993, the
 280-15  plan of operation for the Texas Automobile Insurance Plan
 280-16  Association established under Article 21.81, Insurance Code, as
 280-17  added by this Act, shall include the limited assignment
 280-18  distribution plan required by Section 3(f) of that article.
 280-19        (b)  The administrative agency created under Section 35,
 280-20  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
 280-21  Vernon's Texas Civil Statutes), shall continue to operate in
 280-22  accordance with that section as it existed immediately before the
 280-23  effective date of this Act until a governing committee is selected
 280-24  and a plan of operation for the Texas Automobile Insurance Plan
 280-25  Association is adopted and approved under Article 21.81, Insurance
 280-26  Code, as added by this Act.  On the effective date of the plan of
 280-27  operation, the administrative agency shall transfer all of its
  281-1  assets and obligations to the Texas Automobile Insurance Plan
  281-2  Association.  On and after the effective date of the plan of
  281-3  operation, the administrative agency established under Section 35,
  281-4  Texas Motor Vehicle Safety-Responsibility Act (Article 6701h,
  281-5  Vernon's Texas Civil Statutes), is abolished.
  281-6      ARTICLE 14.  TEXAS WORKERS' COMPENSATION FACILITY AND FUND
  281-7        SECTION 14.01.  Section 4.06(d), Article 5.76-2, Insurance
  281-8  Code, is amended to read as follows:
  281-9        (d)  A policyholder in the facility who is insured under the
 281-10  rejected risk fund shall obtain a safety consultation if the
 281-11  employer:
 281-12              (1)  has a Texas <an> experience modifier greater than
 281-13  1.25;
 281-14              (2)  has a national experience modifier greater than
 281-15  1.25 and estimated premium allocable to Texas of $2,500 or more;
 281-16              (3) <(2)>  does not have an experience modifier but has
 281-17  had a loss ratio greater than 0.70 in at least two of the three
 281-18  most recent policy years for which information is available; or
 281-19              (4) <(3)>  has not been in business three years and
 281-20  meets criteria established by the commission, which may include the
 281-21  number and classification of employees, the policyholder's
 281-22  industry, and previous workers' compensation experience in this
 281-23  state or another jurisdiction.
 281-24        SECTION 14.02.  Section 10(c), Article 5.76-3, Insurance
 281-25  Code, is amended to read as follows:
 281-26        (c)  A policyholder in the fund who is insured under Article
 281-27  5.76-4 of this code shall obtain a safety consultation if the
  282-1  policyholder:
  282-2              (1)  has a Texas <an> experience modifier greater than
  282-3  1.25; <or>
  282-4              (2)  has a national experience modifier greater than
  282-5  1.25 and estimated premium allocable to Texas of $2,500 or more; or
  282-6              (3)  does not have an experience modifier but has had a
  282-7  loss ratio greater than 0.70 in at least two of the three most
  282-8  recent policy years for which information is available.
  282-9        SECTION 14.03.  Article 5.76-4(d), Insurance Code, is amended
 282-10  to read as follows:
 282-11        (d)  The fund shall decline to insure any risk if:
 282-12              (1)  insuring that risk would cause the fund to exceed
 282-13  the premium-to-surplus ratios established by Article 5.76-3 of this
 282-14  code; or
 282-15              (2)  the risk is not in good faith entitled to
 282-16  insurance through the fund according to rules adopted by the board.
 282-17                     ARTICLE 15.  TITLE INSURANCE
 282-18        SECTION 15.01.  Article 9.02, Insurance Code, is amended by
 282-19  amending Subsections (a), (i), and (m) and adding Subsections (r)
 282-20  and (s) to read as follows:
 282-21        (a)  "Title Insurance" means insuring, guaranteeing or
 282-22  indemnifying owners of real property or others interested therein
 282-23  against loss or damage suffered by reason of liens, encumbrances
 282-24  upon, or defects in the title to said property, and the invalidity
 282-25  or impairment of liens thereon, or doing any business in substance
 282-26  equivalent to any of the foregoing in a manner designed to evade
 282-27  the provisions of this Act.
  283-1        (i)  "Abstract plant" as used herein shall mean a
  283-2  geographical abstract plant such as is defined by the Board <from
  283-3  time to time> and the Board, in defining an abstract plant, shall
  283-4  require a geographically arranged plant, currently kept to date,
  283-5  that is found by the Board to be adequate for use in insuring
  283-6  titles, so as to provide for the safety and protection of the
  283-7  policyholders.
  283-8        (m)  "Title Examination" means the search and examination of
  283-9  a title solely for the benefit of the title insurance company,
 283-10  direct operation, or title insurance agent to determine the
 283-11  conditions of the title insurance to be provided <insured> and to
 283-12  evaluate the risk to be undertaken in the issuance of a title
 283-13  insurance policy.
 283-14        (r)  "Examined title evidence" means title evidence that has
 283-15  been subjected to a title examination for title insurance purposes
 283-16  and that is based on title evidence prepared from an abstract plant
 283-17  owned by, or leased and operated by, a licensed title insurance
 283-18  agent or direct operation.
 283-19        (s)  "Agent's retained premium" means the amount of the gross
 283-20  premium retained by the agent after payment of the underwriting
 283-21  portion of the gross premium to the title insurance company under
 283-22  an approved agency contract.
 283-23        SECTION 15.02.  Articles 9.03 and 9.07, Insurance Code, are
 283-24  amended to read as follows:
 283-25        Art. 9.03.  May Incorporate.  (a)  Private corporations may
 283-26  be created and licensed under this chapter to <for the following
 283-27  named purposes:>
  284-1              <(1)  To> compile and own or lease, or to acquire and
  284-2  own or lease, records or abstracts of title to lands and interests
  284-3  in land<;> and to insure titles to lands or interests therein, both
  284-4  in Texas and other jurisdictions <states of the United States>, and
  284-5  indemnify the owners of such lands, or the holders of interests in
  284-6  or liens on such lands, against loss or damage on account of
  284-7  incumbrances upon or defects in the title to such lands or
  284-8  interests therein; and in transactions in which title insurance is
  284-9  to be or is being issued, to supervise or approve the signing of
 284-10  legal instruments (but not the preparation of such instruments)
 284-11  affecting land titles, disbursement of funds, prorations, delivery
 284-12  of legal instruments, closing of deals, issuance of commitments for
 284-13  title insurance specifying the requirements for title insurance and
 284-14  the defects in title necessary to be cured or corrected.  Nothing<;
 284-15  provided, however, that nothing> herein contained shall authorize
 284-16  such corporation to practice law, as that term is defined by the
 284-17  courts of this state, and in the event of any conflict herein, this
 284-18  clause shall be controlling.
 284-19        (b)  A corporation described by Subsection (a) of this
 284-20  article <Such corporations> may also exercise the following powers
 284-21  by including same in the charter when filed originally, or by
 284-22  amendment:
 284-23              (1) <(2)>  To make and sell abstracts of title in any
 284-24  counties of Texas or other states;
 284-25              (2) <(3)>  To accumulate and lend money, to purchase,
 284-26  sell or deal in notes, bonds, and securities, but without banking
 284-27  privileges;
  285-1              (3) <(4)>  To act as trustee under any lawful trust
  285-2  committed to it by contract or will, appointment by any court
  285-3  having jurisdiction of the subject matter as trustee, receiver or
  285-4  guardian and as executor or guardian under the terms of any will
  285-5  and as any administrator of the estates of decedents under the
  285-6  appointment of the court.
  285-7        Art. 9.07.  Policy Forms and Premiums.  (a)  Corporations
  285-8  organized under this Chapter, as well as foreign corporations and
  285-9  those created under Subdivision 57, Article 1302, of the Revised
 285-10  Civil Statutes of 1925 before the repeal of that statute, or under
 285-11  Chapter 8 of this Code, or any other law insofar as the business of
 285-12  either may be the business of title insurance, shall operate in
 285-13  Texas under the control and supervision and under such uniform
 285-14  rules and regulations as to forms of policies and underwriting
 285-15  contracts and premiums therefor, and such underwriting standards
 285-16  and practices as may be <from time to time> prescribed by the
 285-17  Board; and no Texas or foreign corporation, whether incorporated
 285-18  under this Chapter or any other law of the State of Texas, shall be
 285-19  permitted to issue any title policy of any character, or
 285-20  underwriting contract, to delete any policy exclusion or to
 285-21  reinsure any portion of the risk assumed by any title policy, on
 285-22  Texas real property other than under this Chapter and under such
 285-23  rules and regulations.  No policy of title insurance, title
 285-24  insurance coverage, reinsurance of any risk assumed under any
 285-25  policy of title insurance, or any guarantee of any character made
 285-26  when insuring <on> Texas titles shall be issued or valid unless
 285-27  written by a corporation complying with the provisions of and
  286-1  authorized or qualified under this Chapter, except as is provided
  286-2  in Article 9.19D.  Before any premium rate provided for herein
  286-3  shall be fixed or charged, reasonable notice shall issue, and a
  286-4  hearing afforded to the title insurance companies and title
  286-5  insurance agents authorized or qualified under this Chapter and the
  286-6  public.  Under no circumstances may any title insurance company or
  286-7  title insurance agent use any form which is required under the
  286-8  provisions of this Chapter 9 to be promulgated or approved until
  286-9  the same shall have been so promulgated or approved by the Board.
 286-10        (b)  The Board shall have the duty to fix and promulgate the
 286-11  premium rates to be charged by title insurance companies and title
 286-12  insurance agents created or operating under this Chapter for
 286-13  policies of title insurance or other promulgated or approved forms,
 286-14  and the premiums therefor shall be paid in the due and ordinary
 286-15  course of business.  Premium rates for reinsurance as between title
 286-16  insurance companies qualified under this Chapter shall not be fixed
 286-17  or promulgated by the Board, and title insurance companies may set
 286-18  such premium rates for reinsurance as such title insurance
 286-19  companies shall agree upon.  Under no circumstance shall any
 286-20  premium be charged for any policy of title insurance or other
 286-21  promulgated or approved forms different from those fixed and
 286-22  promulgated by the Board, except for premiums charged for
 286-23  reinsurance.  The premium rates fixed by the Board shall be
 286-24  reasonable to the public and nonconfiscatory as to the title
 286-25  insurance companies and title insurance agents.   For the purpose
 286-26  of collecting data on which to determine the proper rates to be
 286-27  fixed, the Board shall require all title insurance companies and
  287-1  all title insurance agents operating in Texas to submit such
  287-2  information in such form as it may deem proper, all information as
  287-3  to loss experience, expense of operation, and other material matter
  287-4  for the Board's consideration.
  287-5        (c)  The Board shall hold a biennial <an annual> hearing not
  287-6  earlier than October 1 or later than December 15 of each
  287-7  even-numbered calendar year, to consider adoption of premium rates
  287-8  and such other matters and subjects relative to the regulation of
  287-9  the business of title insurance as may be requested by any title
 287-10  insurance company, any title insurance agent, any member of the
 287-11  public, or as the Board may determine necessary to consider.
 287-12  Proper notice of such public hearing and the items to be considered
 287-13  shall be made to the public and shall be sent direct to all title
 287-14  insurance companies and title insurance agents qualified or
 287-15  authorized to do business under this Chapter for at least four (4)
 287-16  weeks in advance of such hearing.
 287-17        (d)  Premium rates when once fixed shall not be changed until
 287-18  after a public hearing shall be had by the Board, after proper
 287-19  notice sent direct to all title insurance companies and title
 287-20  insurance agents qualified or authorized to do business under this
 287-21  Chapter, and after public notice in such manner as to give fair
 287-22  publicity thereto for at least four (4) weeks in advance.  The
 287-23  Board must call such additional hearings to consider premium rate
 287-24  changes at the request of a title insurance company.
 287-25        (e)  The Board may, on its own motion, following notice as
 287-26  required for the biennial <annual> hearing hold at any time a
 287-27  public hearing to consider adoption of premium rates and such other
  288-1  matters and subjects relative to the regulation of the business of
  288-2  title insurance as the Board shall determine necessary or proper.
  288-3        (f)  Any title insurance company, any title insurance agent,
  288-4  or other person or association of persons interested, feeling
  288-5  injured by any action of the Board or the Commissioner with regard
  288-6  to premium rates or other action taken by the Board or the
  288-7  Commissioner, shall have the right to file a suit in the District
  288-8  Court of Travis County, within thirty (30) days after the Board or
  288-9  the Commissioner has made such order, to review the action.  Such
 288-10  cases shall be tried de novo in the District Court <in accordance
 288-11  with the provisions of Article 21.80 of the Insurance Code> and
 288-12  shall be governed by the same rules of evidence and procedure as
 288-13  other civil cases in said court; in which suit the court may enter
 288-14  a judgment setting aside the Board's or the Commissioner's order,
 288-15  or affirming, the action of the Board or the Commissioner.
 288-16        SECTION 15.03.  Chapter 9, Insurance Code, is amended by
 288-17  adding Article 9.07B to read as follows:
 288-18        Art. 9.07B.  ABSTRACT OF TITLE; COMMITMENT FOR TITLE
 288-19  INSURANCE DISTINGUISHED.  (a)  An abstract of title prepared from
 288-20  an abstract plant for a chain of title of real property described
 288-21  in the abstract of title is not title insurance, a commitment for
 288-22  title insurance, or any other title insurance form.
 288-23        (b)  The Board may not adopt regulations relating to
 288-24  abstracts of title.
 288-25        (c)  In this article, "commitment for title insurance" means
 288-26  a title insurance form that offers to issue a title policy subject
 288-27  to stated exceptions, requirements, and terms.  The term includes a
  289-1  mortgagee title policy binder on an interim construction loan.
  289-2        SECTION 15.04.  Article 9.09, Insurance Code, is amended to
  289-3  read as follows:
  289-4        Art. 9.09.  Prohibiting Transacting of Other Kinds of
  289-5  Insurance by Title Insurance Companies or the Transacting of Title
  289-6  Insurance by Other Types of Insurance Companies.  Corporations,
  289-7  domestic or foreign, operating under this Chapter shall not
  289-8  transact, underwrite or issue any kind of insurance other than
  289-9  title insurance on real property; nor shall title insurance be
 289-10  transacted, underwritten or issued by any company transacting any
 289-11  other kinds of insurance<; provided, however, that the above
 289-12  prohibitions shall not apply as to any corporation, domestic or
 289-13  foreign, which on October 1, 1967 was transacting, underwriting and
 289-14  issuing within the State of Texas title insurance and any other
 289-15  kind of insurance.  Any corporation now organized and doing
 289-16  business under the provisions of Chapter 8 and actively writing
 289-17  title insurance shall be subject to all the provisions of this
 289-18  Chapter except Article 9.18 relating to investments>.
 289-19        SECTION 15.05.  Chapter 9, Insurance Code, is amended by
 289-20  adding Article 9.09A to read as follows:
 289-21        Art. 9.09A.  PROHIBITING UNMARKETABILITY OF TITLE INSURANCE.
 289-22  No company shall insure against loss or damage by reason of
 289-23  unmarketability of title.  The board or commissioner may not
 289-24  promulgate rules or forms providing for such coverage.
 289-25        SECTION 15.06.  Article 9.17(a), Insurance Code, is amended
 289-26  to read as follows:
 289-27        (a)  All title insurance companies operating under the
  290-1  provisions of this Act shall at all times establish and maintain,
  290-2  in addition to other reserves, a reserve against (1) unpaid losses,
  290-3  and (2) loss expense for costs of defense of the insured under the
  290-4  terms of the title insurance policy, and shall calculate such
  290-5  reserves by making a careful estimate in each case of the loss and
  290-6  loss expense likely to be incurred, by reason of every claim
  290-7  presented, pursuant to notice from or on behalf of the insured, of
  290-8  a title defect in or lien or adverse claim against the title
  290-9  insured, that may result in a loss or cause expense to be incurred
 290-10  for the proper disposition of the claim.  The sums of items so
 290-11  estimated for payment of loss and costs of defense of the insured
 290-12  under the terms of the title insurance policy shall be the total
 290-13  expenses of such title insurance company.
 290-14        SECTION 15.07.  Articles 9.18 and 9.21, Insurance Code, are
 290-15  amended to read as follows:
 290-16        Art. 9.18.  Admissible Investments for Title Insurance
 290-17  Companies.  Investments of all title insurance companies operating
 290-18  under the provisions of this Act shall be held in cash or may be
 290-19  invested in the following:
 290-20        (a)  Any corporation organized under this Act having the
 290-21  right to do a title insurance business may invest as much as 50
 290-22  <fifty (50%)> percent of its capital stock in an abstract plant or
 290-23  plants, provided that the valuation to be placed upon such plant or
 290-24  plants shall be approved by the Board; provided, however, that if
 290-25  such corporation maintains with the Board the deposit of One
 290-26  Hundred Thousand Dollars ($100,000) in securities as provided in
 290-27  Article 9.12 of this Act, such of its capital in excess of 50
  291-1  <fifty (50%)> percent, as deemed necessary to its business by its
  291-2  board of directors may be invested in abstract plants; and provided
  291-3  further, that a corporation created or operating under the
  291-4  provisions of this Act may own or acquire more than one abstract
  291-5  plant in any one county but only one abstract plant in any one
  291-6  county is admissible as an investment.
  291-7        (b)  Those securities set forth in Article 3.39, Insurance
  291-8  Code, <as authorized investments for life insurance companies> and
  291-9  in authorized investments for title insurance companies under the
 291-10  laws of any other state in which the affected company may be
 291-11  authorized to do business from time to time.
 291-12        (c)  Real estate or any interest therein which may be:
 291-13              (1)  required for its convenient accommodation in the
 291-14  transaction of its business with reasonable regard to future needs;
 291-15              (2)  acquired in connection with a claim under a policy
 291-16  of title insurance;
 291-17              (3)  acquired in satisfaction or on account of loans,
 291-18  mortgages, liens, judgments or decrees, previously owing to it in
 291-19  the course of its business;
 291-20              (4)  acquired in part payment of the consideration of
 291-21  the sale of real property owned by it if the transaction shall
 291-22  result in a net reduction in the company's investment in real
 291-23  estate;
 291-24              (5)  reasonably necessary for the purpose of
 291-25  maintaining or enhancing the sale value of real property previously
 291-26  acquired or held by it under Subparagraphs (1), (2), (3) or (4) of
 291-27  this Section; provided, however, that no title insurance company
  292-1  shall hold any real estate acquired under Subparagraphs (2), (3) or
  292-2  (4) for more than ten (10) years without written approval of the
  292-3  Board.
  292-4        (d)  First mortgage notes secured by:
  292-5              (1)  abstract plants and connected personalty within or
  292-6  without the State of Texas;
  292-7              (2)  stock of title insurance agents within or without
  292-8  the State of Texas;
  292-9              (3)  construction contract or contracts for the purpose
 292-10  of building an abstract plant and connected personalty;
 292-11              (4)  any combination of two or more of items (1), (2),
 292-12  and (3).
 292-13        In no event shall the amount of any first mortgage note
 292-14  exceed 80 <eighty (80%)> percent of the appraised value of the
 292-15  security for such note as set out above.
 292-16        (e)  The shares of any federal home loan bank in the amount
 292-17  necessary to qualify for membership and any additional amounts
 292-18  approved by the Commissioner.
 292-19        (f)  Investments in foreign securities that are substantially
 292-20  of the same kinds, classes, and investment-grade as those eligible
 292-21  for investment under other provisions of this Article.  Unless the
 292-22  investment is also authorized under Subsection (b) of this Article
 292-23  the aggregate amount of foreign investments made under this Section
 292-24  may not exceed:
 292-25              (1)  five percent of the insurer's admitted assets at
 292-26  the last year end;
 292-27              (2)  two percent of the insurer's admitted assets at
  293-1  the last year end invested in the securities of all entities
  293-2  domiciled in any one foreign country; and
  293-3              (3)  one-half of one percent of the insurer's admitted
  293-4  assets at the last year end invested in the securities of any one
  293-5  individual entity domiciled in a foreign country.
  293-6        Any investments which do not <now> qualify under this Article
  293-7  <the provisions of Subsections (a), (b), (c), or (d) above> and
  293-8  which were owned by the title insurance company on October 1, 1967,
  293-9  <are owned as of the effective date of this Act shall> continue to
 293-10  qualify.
 293-11        If any otherwise valid investment which qualifies under the
 293-12  provisions of this Article shall exceed in amount any of the
 293-13  limitations on investment contained in this Article, it shall be
 293-14  inadmissible only to the extent that it exceeds such limitation.
 293-15        Art. 9.21.  Authority of Board of Insurance of the State of
 293-16  Texas.  (a)  If any company operating under the provisions of this
 293-17  Act shall engage in the characters of business described in
 293-18  Subdivisions (1) and (2) <and (3)> of Article 9.03 of this Act, in
 293-19  such manner as might bring it within the provision of any other
 293-20  regulatory statute now or hereafter to be in force within the State
 293-21  of Texas, all examination and regulation shall be exercised by the
 293-22  Board rather than any other state agency which may be named in such
 293-23  other laws, so long as such corporation engages in the title
 293-24  guaranty or insurance business.
 293-25        (b)  The Board is hereby vested with power and authority
 293-26  under this Act to promulgate and enforce rules and regulations
 293-27  prescribing underwriting standards and practices upon which title
  294-1  insurance contracts are to be issued, and is hereby further vested
  294-2  with the power and authority to define risks which may not be
  294-3  assumed under title insurance contracts, including risks that may
  294-4  not be assumed because of the solvency of the parties to the
  294-5  transaction.  In addition, the Board is hereby vested with power
  294-6  and authority to promulgate and enforce all other such rules and
  294-7  regulations which in the discretion of the Board are deemed
  294-8  necessary to accomplish the purposes of this Act.
  294-9      SECTION 15.08.  Article 9.30, Insurance Code, is amended by
 294-10  amending Sections B and C and adding Section F to read as follows:
 294-11        B.  This Article may not be construed as prohibiting:
 294-12              (1)  a foreign or domestic title insurance company
 294-13  doing business in this state under this Chapter, from appointing as
 294-14  its title insurance agent pursuant to this Chapter a person owning
 294-15  or leasing and operating an abstract plant of such county and
 294-16  making the arrangement for division of premiums with the agent as
 294-17  shall be set by the Board;
 294-18              (2)  payment by a title insurance agent or direct
 294-19  operation issuing the policy or furnishing examined title evidence
 294-20  for a directly issued policy to another title insurance agent or
 294-21  direct operation for closing the transaction for the benefit of a
 294-22  seller, purchaser, or borrower to be insured <payments for services
 294-23  actually performed by a title insurance company, a title insurance
 294-24  agent, or a direct operation, in connection with closing the
 294-25  transaction, furnishing of title evidence, or title examination,
 294-26  which payment may not exceed the percentages of the premium or
 294-27  amounts established by the Board for those payments>; <or>
  295-1              (3)  payment of bona fide compensation to a bona fide
  295-2  employee principally employed by a title insurance company, direct
  295-3  operation, or title insurance agent<, or other reasonable payment
  295-4  for goods or facilities actually furnished and received>; or
  295-5              (4)  payments for services actually performed by an
  295-6  attorney in connection with title examination or closing a
  295-7  transaction, which payment may not exceed a reasonable charge for
  295-8  such services.
  295-9              (5)  Nothing in this article shall affect the division
 295-10  of premium between a title insurance company and its subsidiary
 295-11  title insurance agent when the title insurance company directly
 295-12  issues its policy or contract of title insurance pursuant to
 295-13  Article 9.34.  For purposes of this provision, a subsidiary is a
 295-14  company at least 50 percent of the voting stock of which is owned
 295-15  by the title insurance company or by a wholly owned subsidiary of
 295-16  the title insurance company.
 295-17        C.  A person receiving any form of compensation under Section
 295-18  B(2) or F of this Article must be licensed as provided for under
 295-19  this Chapter.
 295-20        F.  (a)  A portion, split, or percentage of any title
 295-21  insurance premium may not be paid, either directly or indirectly,
 295-22  to any person, firm, or organization for title insurance, title
 295-23  evidence, title examination, determining status of title, or
 295-24  closing a transaction regarding the issuance of a title insurance
 295-25  policy, binder, commitment, or endorsement except as provided by
 295-26  this Section.
 295-27        (b)  A title insurance company licensed to do business in
  296-1  this state and a licensed title insurance agent may divide a
  296-2  premium under an agency agreement approved by the Texas Department
  296-3  of Insurance.  A title insurance company may divide a premium with
  296-4  a licensed title insurance agent or direct operation in a county in
  296-5  which the title insurance company does not have an agency agreement
  296-6  or direct operation if the licensed agent or direct operation is
  296-7  furnishing examined title evidence for a directly issued policy.  A
  296-8  division of premium under this Subsection must be equal to a
  296-9  division promulgated by the Texas Department of Insurance for the
 296-10  division of a title insurance premium between a title insurance
 296-11  company and its licensed title insurance agent under an approved
 296-12  agency agreement.
 296-13        (c)  Licensed title insurance agents and direct operations
 296-14  that cooperate on the issuance of a title policy, binder,
 296-15  commitment, or endorsement on property located in more than one
 296-16  county in this state to be insured in a single policy may divide a
 296-17  premium if each agent or direct operation renders part of the
 296-18  services included in the premium.
 296-19        (d)  A licensed title insurance agent or direct operation and
 296-20  another licensed title insurance agent or direct operation in a
 296-21  county that shares a common boundary line that cooperate on the
 296-22  issuance of a policy and the closing of a transaction may divide a
 296-23  premium if the agent or direct operation in each county has entered
 296-24  a prior written agreement describing the split or percentage to be
 296-25  paid and accepted for the services each entity shall render and
 296-26  that agreement is filed with the Texas Department of Insurance.
 296-27  The Texas Department of Insurance may, after notice and hearing,
  297-1  require termination of the agreement if it finds the agreement has
  297-2  an adverse effect on consumers or rates for title insurance.  The
  297-3  provisions of Subsection (e) of this Section do not apply to the
  297-4  division of a premium under this Subsection.
  297-5        (e)  Payment made to a title insurance agent or direct
  297-6  operation under Section B(2), Article 9.30, of this Code shall be
  297-7  paid from the agent's retained premium.  The payment must equal:
  297-8              (1)  10 percent of the agent's retained premium for a
  297-9  policy amount of not more than $100,000;
 297-10              (2)  40 percent of the agent's retained premium for a
 297-11  policy amount greater than $100,000 but not more than $2,000,000;
 297-12  and
 297-13              (3)  50 percent of the agent's retained premium for a
 297-14  policy amount greater than $2,000,000.
 297-15        SECTION 15.09.  Article 9.34, Insurance Code, is amended to
 297-16  read as follows:
 297-17        Art. 9.34.  POLICY ISSUANCE; DETERMINATION OF INSURABILITY
 297-18        Sec. 1.  (a)  Except as otherwise provided by this section,
 297-19  each policy, binder, commitment, or endorsement of title insurance
 297-20  must be based on an examination of title made from title evidence
 297-21  prepared from an abstract plant owned, or leased and operated, by a
 297-22  licensed title insurance agent or direct operation and issued by a
 297-23  licensed title insurance agent or direct operation in the county in
 297-24  which the real property is located under an agency agreement
 297-25  approved by the Texas Department of Insurance.
 297-26        (b)  If a title insurance company does not have an approved
 297-27  agency agreement with a licensed title insurance agent or direct
  298-1  operation in the county in which the affected real property is
  298-2  located, the title insurance company may issue directly its policy,
  298-3  binder, commitment, or endorsement of title insurance based on
  298-4  examined title evidence furnished to the title insurance company by
  298-5  a licensed title insurance agent or direct operation in the county
  298-6  in which the real property is located.  If a licensed title
  298-7  insurance agent or direct operation does not exist for the county
  298-8  in which the real property is located, a title insurance company
  298-9  may issue directly its policy of title insurance based on the best
 298-10  available evidence.
 298-11        (c)  If, within a reasonable time as determined by the Board,
 298-12  all of the licensed title insurance agents and direct operations in
 298-13  the county in which the real property is located refuse to issue
 298-14  the policy or contract of title insurance or to provide examined
 298-15  title evidence for a directly issued policy, a title insurance
 298-16  company may issue directly its policy of title insurance based on
 298-17  the best available evidence.
 298-18        Sec. 2.  If a policy or contract of title insurance covers
 298-19  properties located in more than one county to be insured in a
 298-20  single policy and the title insurance agent or direct operation
 298-21  issuing the policy is not licensed in each of the counties, the
 298-22  policy or contract of title insurance shall be issued directly by
 298-23  the title insurance company in compliance with this Article.
 298-24        Sec. 3.  A licensed title insurance agent or direct operation
 298-25  may request that a policy, binder, commitment, or endorsement of
 298-26  title insurance be issued directly by a title insurance company
 298-27  with which the agent or direct operation has an approved agency
  299-1  contract.  The title insurance company may issue directly the
  299-2  policy, binder, commitment, or endorsement of title insurance if:
  299-3              (1)  the licensed title insurance agent or direct
  299-4  operation perceives or determines a conflict of interest in issuing
  299-5  the policy on behalf of the title insurance company; or
  299-6              (2)  the licensed title insurance agent or direct
  299-7  operation cooperates on the issuance of a policy and closing of a
  299-8  transaction with a licensed title insurance agent or direct
  299-9  operation in a county that shares a common boundary line under a
 299-10  written agreement between the licensed title insurance agents or
 299-11  direct operations in each county that:
 299-12                    (A)  is executed before the issuance of the
 299-13  policy;
 299-14                    (B)  describes the services to be provided and
 299-15  the split or percentage of premium to be paid and accepted by each
 299-16  licensed title insurance agent or direct operation; and
 299-17                    (C)  is filed with the Texas Department of
 299-18  Insurance.
 299-19        Sec. 4.  A policy or contract of title insurance may not be
 299-20  written or issued except in compliance with Article 9.30 of this
 299-21  code and with a determination of insurability of title made in
 299-22  accordance with sound underwriting practices.
 299-23        Sec. 5.  Examined title evidence or the best evidence on
 299-24  which a policy, binder, commitment, or endorsement of title
 299-25  insurance is issued must be preserved and retained in the files of
 299-26  the title insurance company, direct operation, or licensed title
 299-27  insurance agent for at least 15 years after the date on which the
  300-1  policy or contract is issued.
  300-2        Sec. 6.  <No policy or contract of title insurance shall be
  300-3  written unless (1) there has been compliance with the provisions of
  300-4  Article 9.30(B), (2) said policy or contract of title insurance is
  300-5  based on an examination of title made from title evidence prepared
  300-6  from an abstract plant owned, or leased and operated by a licensed
  300-7  Texas title insurance agent or direct operation for the county in
  300-8  which the real property is located, (3) there has been made a
  300-9  determination of insurability of title in accordance with sound
 300-10  title underwriting practices, and (4) evidence thereof shall be
 300-11  preserved and retained in the files of the title insurance company,
 300-12  direct operation, or title insurance agent for a period of not less
 300-13  than fifteen (15) years after the policy or contract of title
 300-14  insurance has been issued.  If no licensed title insurance agent or
 300-15  direct operation exists for the county in which the real property
 300-16  is located, a title insurance company may directly issue its policy
 300-17  of title insurance based on the best title evidence available.  If
 300-18  all licensed title insurance agents and direct operations for the
 300-19  county refuse to provide the title evidence within such reasonable
 300-20  time as determined by the Board, and in compliance with the
 300-21  provisions of Article 9.30(B)(2), the title insurance company may
 300-22  directly issue its policy if the title insurance company obtains
 300-23  the best title evidence available.>  The licensed <Texas> title
 300-24  insurance agent or direct operation that provides <which provided>
 300-25  the examined title evidence on which the directly issued policies
 300-26  or contracts of title insurance are issued shall be provided with
 300-27  legible complete copies of all policies or contracts of title
  301-1  insurance actually issued in the transactions within a reasonable
  301-2  period of time as determined by the Board.
  301-3        Sec. 7.  This Article shall not apply to (a) a company
  301-4  assuming no primary liability in a contract of reinsurance, or (b)
  301-5  a company acting as a co-insurer if one of the other co-insuring
  301-6  companies has complied with this Article.
  301-7        SECTION 15.10.  Section 17(a), Article 9.48, Insurance Code,
  301-8  is amended to read as follows:
  301-9        (a)  There shall be no liability on the part of and no cause
 301-10  of action of any nature shall arise against any member insurer of
 301-11  the association or its agents or employees, the association or its
 301-12  agents or employees, members of the association's board of
 301-13  directors, a special deputy receiver or its agents or employees, or
 301-14  the commissioner or his representatives for any <good faith> action
 301-15  or omission in the performance of their powers and duties under
 301-16  this article.
 301-17        SECTION 15.11.  Article 9.49, Insurance Code, is amended to
 301-18  read as follows:
 301-19        Art. 9.49.  Insured Closing.  (a)  Title insurance companies
 301-20  operating under the provisions of this chapter are hereby expressly
 301-21  authorized and empowered to issue upon request on real property
 301-22  transactions in this state at no charge whatever insured closing
 301-23  and settlement letters, in the form prescribed by the board, in
 301-24  connection with the closing and settlement of loans <made> by a
 301-25  title insurance agent or direct operation <agents> for any title
 301-26  insurance company operating under  the provisions of this chapter.
 301-27        (b)  If an owner policy of title insurance is to be issued in
  302-1  connection with a real property transaction involving real property
  302-2  located in this state and the sale price of the real property
  302-3  exceeds the guaranty amount specified in Article 9.48 of this code,
  302-4  the title insurance company may issue an insured closing and
  302-5  settlement letter to the buyer or seller of the real property in
  302-6  connection with the closing and settlement by a title insurance
  302-7  agent or direct operation.  The insured closing and settlement
  302-8  letter must be issued at or before the closing and may be issued
  302-9  only by the title insurance company that will issue the owner
 302-10  policy.  The Board may promulgate a charge that may be made for the
 302-11  issuance of an insured closing and settlement letter under this
 302-12  subsection and may adopt rules governing the form and manner of the
 302-13  making of the charge.
 302-14        (c)  Only <After January 1, 1976, only> the form prescribed
 302-15  by the board shall be used <thereafter>  in issuing such insured
 302-16  closing and settlement letters.
 302-17        (d)  The liability of the title insurance company under a
 302-18  policy of title insurance that is issued shall not be changed or
 302-19  altered by the failure of the title insurance company to issue such
 302-20  insured closing and settlement letters <as authorized by this
 302-21  Article 9.49>.
 302-22        SECTION 15.12.  Chapter 9, Insurance Code, is amended by
 302-23  adding Article 9.57A to read as follows:
 302-24        Art. 9.57A.  CLAIMANT TO COMMUNICATE.  A person making a
 302-25  claim under a policy of title insurance shall communicate to the
 302-26  title insurance company that issued the policy all facts that the
 302-27  person knows that are, or that the person believes to be, material
  303-1  to the claim.
  303-2        SECTION 15.13.  Section 17(a), Article 9.48, Insurance Code,
  303-3  as amended by Section 15.10 of this Act, applies only to a cause of
  303-4  action that accrues on or after the effective date of this Act.  A
  303-5  cause of action that accrues before the effective date of this Act
  303-6  is governed by the law in effect at the time the cause of action
  303-7  accrued and that law is continued in effect for that purpose.
  303-8        SECTION 15.14.   This article applies only to a policy or
  303-9  contract of title insurance that is delivered, issued for delivery,
 303-10  or renewed on or after January 1, 1994.  A policy or contract
 303-11  delivered, issued for delivery, or renewed before January 1, 1994,
 303-12  is governed by the law that existed immediately before the
 303-13  effective date of this Act, and that law is continued in effect for
 303-14  that purpose.
 303-15        ARTICLE 16.  TEXAS CATASTROPHE PROPERTY INSURANCE POOL
 303-16        SECTION 16.01.  Sections 5(e), (h), and (l), Article 21.49,
 303-17  Insurance Code, are amended to read as follows:
 303-18        (e)  The Board may <shall> develop programs to improve the
 303-19  efficient operation of the Association, including a program
 303-20  designed to create incentives for insurers to write windstorm and
 303-21  hail insurance voluntarily to cover property located in a
 303-22  catastrophe area, especially property located on the barrier
 303-23  islands.  <The Board shall implement the incentive program not
 303-24  later than April 1, 1992.  The program shall be designed in a way
 303-25  that reduces the number of policies that are not written in the
 303-26  voluntary market in catastrophe areas by not less than 10 percent
 303-27  by January 1, 1993, not less than 25 percent by January 1, 1994,
  304-1  and not less than 40 percent by January 1, 1995, based on the
  304-2  number of risks underwritten by the Association on January 1, 1991.
  304-3  The Board shall report its results to the legislature on March 1 of
  304-4  each year beginning in 1993.>
  304-5        (h)  Members of the board of directors of the Association
  304-6  serve three-year staggered terms, with the terms of three members
  304-7  expiring on the third Tuesday of March of each year.  A person may
  304-8  hold a seat on the board of directors for not more than three
  304-9  consecutive full terms, not to exceed nine years <If an insurer
 304-10  member has been elected and served two full terms, such insurer
 304-11  shall provide for a reasonable rotation of persons designated by it
 304-12  to serve on the board>.
 304-13        (l)  If an occurrence or series of occurrences within the
 304-14  defined catastrophe area results in insured losses that result in
 304-15  tax credits under Section 19(4) of this article <in excess of $100
 304-16  million> in a single calendar year, the Association shall
 304-17  immediately notify the Board of that fact.  The Board on receiving
 304-18  notice shall immediately notify the Governor and appropriate
 304-19  committees of each house of the Legislature of the amount of
 304-20  insured losses eligible for tax credits under Section 19(4) of this
 304-21  article <in excess of $100 million>.
 304-22        SECTION 16.02.  Sections 8(h) and (i), Article 21.49,
 304-23  Insurance Code, are amended to read as follows:
 304-24        (h)  Each extended coverage benchmark rate, flexibility band,
 304-25  and promulgated rate established by the Board in accordance with
 304-26  Chapter 5, Insurance Code, must be uniform throughout the first
 304-27  tier of coastal counties.
  305-1        The rates for noncommercial windstorm and hail insurance
  305-2  written by the association before December 31, 1995, shall be 90
  305-3  percent of the modified extended coverage rates.  For purposes of
  305-4  this section, the modified extended coverage rate is the greater of
  305-5  the upper flexibility band for extended coverage established by the
  305-6  board under Article 5.101 of this code or 25 percent above the
  305-7  extended coverage benchmark rate established by the board under
  305-8  that article.
  305-9        The rates for noncommercial windstorm and hail insurance
 305-10  written by the association after December 31, 1995, shall be 90
 305-11  percent of <Rates, including extended coverage rates covering risks
 305-12  or classes of risks written by the Association before December 31,
 305-13  1995, may not exceed the benchmark rates promulgated by the Board
 305-14  under Subchapter M, Chapter 5, Insurance Code, for noncommercial
 305-15  lines of insurance.  Rates for noncommercial lines of insurance
 305-16  written by the Association on or after December 31, 1995, may not
 305-17  exceed> the manual rate for monoline extended coverage promulgated
 305-18  by the Board for noncommercial risks under Subchapter C, Chapter 5,
 305-19  Insurance Code.  Notwithstanding Article 5.13-2, Insurance Code,
 305-20  the Board shall promulgate a manual rate for commercial risks and
 305-21  classes of risks written by the Association in accordance with
 305-22  Subchapter C, Chapter 5, Insurance Code.  Article 5.13-2, Insurance
 305-23  Code, does not apply to the rates of insurance written by the
 305-24  Association.  The rates for commercial windstorm and hail insurance
 305-25  written by the Association shall be 90 percent of the manual rates
 305-26  for extended coverage promulgated by the Board for commercial risks
 305-27  under Subchapter C, Chapter 5, Insurance Code.
  306-1        If valid flood or rising water insurance coverage exists and
  306-2  is maintained on any risk being insured in the pool the State Board
  306-3  of Insurance may provide for a rate and reduction in rate of
  306-4  premium as may be appropriate.
  306-5        The catastrophe element of extended coverage rates
  306-6  promulgated by the Board under this Act applicable to commercial
  306-7  risks written by the Association shall be uniform throughout the
  306-8  seacoast territory and shall be based on all monoline extended
  306-9  coverage loss experience of all regulated insurers authorized to do
 306-10  business in this state, including the Association, for property
 306-11  located in the seacoast territory, using the most recent 30 years'
 306-12  experience available.  Surcharges collected in the past and used in
 306-13  the development of current manual rates may not be excluded from
 306-14  future rate development as long as those surcharges were collected
 306-15  during the experience period used by the Board.
 306-16        The association shall either establish a reinsurance program
 306-17  or enter into a contract as provided in Subsection (i) of this
 306-18  section.  The Texas Department of Insurance may approve any
 306-19  reinsurance program.  <The State Board of Insurance shall make
 306-20  provision by rule and regulation requiring catastrophe reserves as
 306-21  part of the premium received on risks or classes of risks located
 306-22  in a catastrophe area and shall approve a catastrophe reinsurance
 306-23  pool or program that is funded through the excess of premiums over
 306-24  losses in a calendar year and may approve a catastrophe reinsurance
 306-25  pool funded through assessments of members of the Association.  The
 306-26  amount required to be reserved for catastrophes (as such
 306-27  catastrophes are defined by the Board) shall be that portion of the
  307-1  pure premium as is actuarially made attributable, as ascertained by
  307-2  the Board, to prospective catastrophic loss.  The portion of the
  307-3  pure premium attributable to prospective catastrophic loss shall
  307-4  not be income and shall be unearned until the occurrence of an
  307-5  applicable catastrophe as defined and shall be held in trust by the
  307-6  pool or trustee of the pool until losses are paid therefrom under
  307-7  such reasonable rules and regulations as the State Board of
  307-8  Insurance shall prescribe or approve.>
  307-9        (i)  The association may enter into a written agreement with
 307-10  the Texas Department of Insurance under which the association
 307-11  members relinquish their net equity pursuant to the written
 307-12  agreement on an annual basis by making payments to a fund known as
 307-13  the catastrophe reserve trust fund to be held by the Texas
 307-14  Department of Insurance outside the state treasury to protect
 307-15  policyholders of the association and to reduce the potential for
 307-16  payments by members of the association giving rise to tax credits
 307-17  in the event of loss or losses.
 307-18        The catastrophe reserve trust fund shall be kept and
 307-19  maintained by the Texas Department of Insurance pursuant to the
 307-20  written agreement between the association, the Texas Department of
 307-21  Insurance, the state treasurer, and the comptroller.  Legal title
 307-22  to money and investments in the fund is in the Texas Department of
 307-23  Insurance unless or until paid out as provided by the written
 307-24  agreement.  The state treasurer, as custodian, shall administer the
 307-25  funds strictly and solely as provided by the agreement and the
 307-26  state may not take any action with respect to the fund other than
 307-27  as specified by this act and the agreement.
  308-1        On the effective date of an agreement, all funds held on
  308-2  behalf of or paid to the association under one or more reinsurance
  308-3  plans or programs may be immediately paid to the catastrophe
  308-4  reserve trust fund.  Thereafter, at the end of either each calendar
  308-5  year or policy year, the association may pay the net equity of a
  308-6  member, including all premium and other revenue of the association
  308-7  in excess of incurred losses and operating expenses to the
  308-8  catastrophe reserve trust fund or a reinsurance program approved by
  308-9  the Commissioner of Insurance.
 308-10        The written agreement shall establish the procedure relating
 308-11  to the disbursement of funds from the catastrophe reserve trust
 308-12  fund to policyholders in the event of an occurrence or series of
 308-13  occurrences within the defined catastrophe area that results in
 308-14  insured losses and operating expenses of the association greater
 308-15  than $100 million  <The Board annually shall promulgate extended
 308-16  coverage rates based on sound actuarial principles.  Rates for
 308-17  windstorm and hail insurance shall be 90 percent of the extended
 308-18  coverage rates.  Extended coverage rates shall be uniform
 308-19  throughout the first tier coastal counties.  The catastrophe
 308-20  element of extended coverage rates shall be uniform throughout the
 308-21  seacoast territory and shall be based on all monoline extended
 308-22  coverage loss experience of all regulated insurers authorized to do
 308-23  business in this state, including the Association, for property
 308-24  located in the seacoast territory, using the most recent 30 years'
 308-25  experience available.  Surcharges collected in the past and used in
 308-26  the development of current manual rates may not be excluded from
 308-27  future rate development as long as those surcharges were collected
  309-1  during the experience period used by the Board>.
  309-2        SECTION 16.03.  Sections 10, 12A, and 19, Article 21.49,
  309-3  Insurance Code, are amended to read as follows:
  309-4        Sec. 10.  Immunity From Liability.  There shall be no
  309-5  liability on the part of and no cause of action of any nature shall
  309-6  arise against a director of the association, the Board or any of
  309-7  its staff, the Association or its agents or employees, or against
  309-8  any participating insurer or its agents or employees, for any
  309-9  inspections made under the plan of operation or any statements made
 309-10  in good faith by them in any reports or communications concerning
 309-11  risks submitted to the Association, or at any administrative
 309-12  hearings conducted in connection therewith under the provisions of
 309-13  this Act.
 309-14        Sec. 12A.  Legal counsel.  The association shall establish a
 309-15  plan in its plan of operation under which the association's legal
 309-16  representation before the State Board of Insurance, the Texas
 309-17  Department of Insurance, and the Texas legislature is without
 309-18  conflict of interest or the appearance of a conflict of interest as
 309-19  defined in the Texas Disciplinary Rules of Professional Conduct.
 309-20  The association shall also adopt separate and distinct procedures
 309-21  for legal counsel in the handling of disputes involving
 309-22  policyholder claims against the association <is a state agency for
 309-23  purposes of employing or authorizing legal representation and shall
 309-24  be represented by the attorney general in the manner provided by
 309-25  general law for representation of any other state agency by the
 309-26  attorney general>.
 309-27        Sec. 19.  Payment of Losses <Exceeding $100 Million in Year>;
  310-1  Premium Tax Credit.  (a)  If, in any calendar year, an occurrence
  310-2  or series of occurrences within the defined catastrophe area
  310-3  results in insured losses and operating expenses of the association
  310-4  in excess of premium and other revenue of the association, any
  310-5  excess losses shall be paid as follows:
  310-6              (1)  $100 million shall be assessed to the members of
  310-7  the association with the proportion of the loss allocable to each
  310-8  insurer determined in the same manner as its participation in the
  310-9  association has been determined for the year under Section 5(c) of
 310-10  this Act;
 310-11              (2)  any losses in excess of $100 million shall be paid
 310-12  from either the catastrophe reserve trust fund established under
 310-13  Section 8(i) of this Act or any reinsurance program established by
 310-14  the association;
 310-15              (3)  for losses in excess of those paid under
 310-16  Subdivisions (1) and (2) of this subsection, an additional $200
 310-17  million shall be assessed to the members of the association with
 310-18  the proportion of the loss allocable to each insurer determined in
 310-19  the same manner as its participation in the association has been
 310-20  determined for the year under Section 5(c) of this Act; or
 310-21              (4)  any losses in excess of those paid under
 310-22  Subdivisions (1), (2), and (3) of this subsection shall be assessed
 310-23  against members of the association, with the proportion of the
 310-24  total loss allocable to each insurer determined in the same manner
 310-25  as its participation in the association has been determined for the
 310-26  year under Section 5(c) of this Act.
 310-27        (b)  An insurer may credit any amount paid in accordance with
  311-1  Subsection (a)(4) of this section in a calendar year against its
  311-2  premium tax under Article 4.10 of this code <In the event any
  311-3  occurrence or series of occurrences within the defined catastrophe
  311-4  area results in insured losses of the association totaling in
  311-5  excess of $100 million within a single calendar year, the
  311-6  proportion of the total loss allocable to each insurer shall be
  311-7  determined in the same manner as its participation in the
  311-8  association has been determined for the year under Subsection (c)
  311-9  of Section 5 of the Texas Catastrophe Insurance Pool Act, as
 311-10  amended, and any insurer which has paid its share of total losses
 311-11  exceeding $100 million in a calendar year shall be entitled to
 311-12  credit the amount of that excess share against its premium tax
 311-13  under Article 7064, Revised Civil Statutes of Texas, 1925, as
 311-14  amended>.  The tax credit herein authorized shall be allowed at a
 311-15  rate not to exceed 20 percent per year for five or more successive
 311-16  years following the year of payment of the claims.  The balance of
 311-17  payments paid by the insurer and not claimed as such tax credit may
 311-18  be reflected in the books and records of the insurer as an admitted
 311-19  asset of the insurer for all purposes, including exhibition in
 311-20  annual statements pursuant to Article 6.12 of this code <Insurance
 311-21  Code>.
 311-22        SECTION 16.04.  Section 8E, Article 21.49, Insurance Code, is
 311-23  repealed.
 311-24        SECTION 16.05.  (a)  This article takes effect September 1,
 311-25  1993.
 311-26        (b)  The change in law made to Article 21.49, Insurance Code,
 311-27  by this article applies only to an insurance policy that is
  312-1  delivered, issued for delivery, or renewed on or after October 1,
  312-2  1993.  An insurance policy that is delivered, issued for delivery,
  312-3  or renewed before October 1, 1993, is governed by the law as it
  312-4  existed immediately before the effective date of this article, and
  312-5  that law is continued in effect for that purpose.
  312-6            ARTICLE 17.  24-HOUR COVERAGE PILOT PROJECT ACT
  312-7        SECTION 17.01.  SHORT TITLE.  This article may be cited as
  312-8  the 24-Hour Coverage Pilot Project Act.
  312-9        SECTION 17.02.  PURPOSE.  It is the intent of the legislature
 312-10  to determine whether the costs of the workers' compensation system
 312-11  and the health care delivery system can be effectively contained by
 312-12  combining the medical, hospital, and rehabilitative care required
 312-13  by the Texas Workers' Compensation Act (Article 8308-1.01 et seq.,
 312-14  Vernon's Texas Civil Statutes) or under any other laws of this
 312-15  state governing workers' compensation insurance, whether enacted
 312-16  before or after the effective date of this article, with the
 312-17  accident and health insurance benefits typically offered under a
 312-18  group comprehensive accident and health insurance policy.  The
 312-19  legislature authorizes the establishment of up to 10 pilot projects
 312-20  to be administered by the Texas Department of Insurance after
 312-21  consulting with the Texas Workers' Compensation Commission.  Each
 312-22  pilot project shall terminate two years after the first date of
 312-23  operation of that project, unless extended by the legislature.
 312-24        SECTION 17.03.  COMMISSIONER'S AUTHORITY AND RESPONSIBILITY.
 312-25  The Commissioner of Insurance shall promulgate all reasonable rules
 312-26  and regulations necessary to implement these pilot projects, after
 312-27  consulting with the Texas Workers' Compensation Commission
  313-1  regarding:
  313-2              (1)  benefits required to be provided by the contract;
  313-3              (2)  payment of workers' compensation medical and
  313-4  indemnity benefits after the expiration of the pilot project; and
  313-5              (3)  notice of injury reporting to the Texas Workers'
  313-6  Compensation Commission.
  313-7        SECTION 17.04.  DEFINITIONS.  In this article:
  313-8              (1)  "Board" means the State Board of Insurance.
  313-9              (2)  "Commission" means the Texas Workers' Compensation
 313-10  Commission.
 313-11              (3)  "Commissioner" means the Commissioner of Insurance
 313-12  or the commissioner's deputies.
 313-13              (4)  "Department" means the Texas Department of
 313-14  Insurance.
 313-15              (5)  "Form" or "policy form" means the contractual
 313-16  agreement between the insurer and the employer that provides the
 313-17  terms and conditions of the coverage granted.  The term includes
 313-18  the contract or policy, any declarations or certificate, any
 313-19  endorsement or rider, or any other document that amends the
 313-20  insurance contract.
 313-21              (6)  "Texas Workers' Compensation Act" means the Texas
 313-22  Workers' Compensation Act (Article 8308-1.01 et seq., Vernon's
 313-23  Texas Civil Statutes), and its subsequent amendments, and any other
 313-24  laws of this state governing workers' compensation insurance,
 313-25  whether enacted before or after the effective date of this article.
 313-26        SECTION 17.05.  INSURERS AUTHORIZED TO PARTICIPATE IN PILOT
 313-27  PROJECTS.  An insurer authorized and admitted by the department to
  314-1  do insurance business in this state under a certificate of
  314-2  authority that includes authorization to write workers'
  314-3  compensation insurance, including the Texas Workers' Compensation
  314-4  Fund, or an insurer authorized to write accident and health
  314-5  insurance, including a company authorized under Chapter 20 or 22,
  314-6  Insurance Code, and any subsequent amendments, may, without further
  314-7  amending its certificate of authority, participate in the pilot
  314-8  project and issue insurance contracts of the type described by
  314-9  Section 17.08 of this article.
 314-10        SECTION 17.06.  CONTRACTS TO PROVIDE PILOT PROJECTS.  The
 314-11  department, after consulting with the commission, may, without a
 314-12  bidding process, negotiate and enter into contracts as necessary or
 314-13  appropriate in the judgment of the department to implement the
 314-14  pilot project.
 314-15        SECTION 17.07.  GRANTS.  The department may accept grants and
 314-16  money from any source and may expend the grants and money to
 314-17  implement the pilot project.
 314-18        SECTION 17.08.  COVERAGE TO BE PROVIDED.  (a)  An insurer
 314-19  participating in the pilot project shall provide to the insured
 314-20  employer through a 24-hour medical and indemnity insurance policy
 314-21  the following minimum coverages:
 314-22              (1)  group accident and health insurance benefits that
 314-23  are equivalent to those provided by the employer's group accident
 314-24  and health insurance contract in effect immediately before the
 314-25  24-hour medical and indemnity insurance policy becomes effective;
 314-26              (2)  medical, hospital, rehabilitation, and disability
 314-27  income benefits required under the Texas Workers' Compensation Act;
  315-1              (3)  employers' liability coverage equivalent to that
  315-2  ordinarily provided under a workers' compensation insurance policy;
  315-3  and
  315-4              (4)  other states coverage equivalent to that
  315-5  ordinarily provided under a workers' compensation insurance policy.
  315-6        (b)  The 24-hour medical and indemnity insurance policy may
  315-7  provide for accident and health care by a preferred provider
  315-8  organization in accordance with the requirements of Subchapter X,
  315-9  Chapter 3, Title 28, Texas Administrative Code.  The premium for a
 315-10  24-hour medical and indemnity insurance policy shall be paid
 315-11  entirely by the employer, except that the employee may contribute
 315-12  an amount equal to the amount the employee previously contributed
 315-13  under the employer's group accident and health plan.  The 24-hour
 315-14  medical and indemnity insurance policy may use deductibles and
 315-15  coinsurance provisions that require the employee to pay a portion
 315-16  of the actual medical care received by the employee except for
 315-17  job-related injuries or occupational disease.  A provision of the
 315-18  pilot project may not vary the methods for calculating weekly
 315-19  payments for disability compensation under the Texas Workers'
 315-20  Compensation Act.  A provision of the pilot project may not limit
 315-21  the right to a hearing under the Texas Workers' Compensation Act.
 315-22        SECTION 17.09.  EXCLUSIVE REMEDY AND PROHIBITED DEFENSES.
 315-23  The exclusive remedy provisions of the Texas Workers' Compensation
 315-24  Act apply to work-related injuries and occupational disease covered
 315-25  by the 24-hour medical and indemnity insurance policy.  Likewise,
 315-26  the prohibited defense provisions of the Texas Workers'
 315-27  Compensation Act apply to actions to recover damages brought by
  316-1  employees against employers for job-related injuries and
  316-2  occupational disease covered by the 24-hour medical and indemnity
  316-3  insurance policy.
  316-4        SECTION 17.10.  APPROVAL OF POLICY LANGUAGE.  The 24-hour
  316-5  medical and indemnity insurance policy and any declarations or
  316-6  certificate and any endorsement or rider to the policy may not be
  316-7  issued or delivered to a participating employer until a copy of the
  316-8  form is filed with the department and approved by the commissioner
  316-9  as conforming with the requirements of this article and any other
 316-10  applicable law.  The commissioner shall review the filing and
 316-11  either approve or disapprove the filing before the 61st day after
 316-12  the date the filing was received by the department, unless the
 316-13  commissioner notifies the insurer within that period that revisions
 316-14  of the filing are necessary.  The commissioner may direct the use
 316-15  of specific policy language for the period of the pilot project.
 316-16        SECTION 17.11.  FILING OF RATES AND RATING PLANS.  Each
 316-17  insurer participating in the pilot project shall file with the
 316-18  department its rules, rates, and rating systems that will be
 316-19  applicable to the pilot project.  Rates may not be excessive,
 316-20  inadequate, or unfairly discriminatory.  The board shall review the
 316-21  filing and shall approve or disapprove the filing before the 61st
 316-22  day after the date the filing was received by the department if the
 316-23  filing or the rates do not meet the standards established under
 316-24  this article, unless the board notifies the insurer within that
 316-25  period that revisions of the filing or rates are necessary.  The
 316-26  insurer may not apply a rating plan that will prohibit it from
 316-27  complying with the statistical reporting requirements of Section
  317-1  17.14 of this article.
  317-2        SECTION 17.12.  EXAMINATION OF RECORDS.  The commissioner
  317-3  may, as often as the commissioner considers necessary, make or
  317-4  cause to be made an examination of the books and records of the
  317-5  insured employers.
  317-6        SECTION 17.13.  LOSS RESERVE STANDARDS.  The commissioner
  317-7  shall provide for reasonable and necessary standards for the
  317-8  estimation of the ultimate losses incurred under the 24-hour
  317-9  medical and indemnity insurance policy.
 317-10        SECTION 17.14.  STATISTICAL REPORTING.  The commissioner
 317-11  shall establish reasonable and necessary standards for collecting
 317-12  and compiling the premium and loss experience incurred under the
 317-13  24-hour medical and indemnity insurance policy.  Those standards
 317-14  shall include:
 317-15              (1)  provision of information necessary for the
 317-16  commissioner to complete the report specified in Section 17.16 of
 317-17  this article;
 317-18              (2)  provision of information to the department
 317-19  consistent with its statistical plan so that the integrity of the
 317-20  workers' compensation statistical data bases are maintained; and
 317-21              (3)  provision of information to the department
 317-22  consistent with its statistical plans so that the Texas Uniform
 317-23  Experience Rating Plan or any successor to that plan adopted by the
 317-24  board or department may be applied to the participating employer
 317-25  after the pilot project terminates.
 317-26        SECTION 17.15.  COMPLAINTS.  Any employer insured under a
 317-27  24-hour medical and indemnity insurance policy who is aggrieved by
  318-1  an act of a participating insurer may file a complaint with the
  318-2  commissioner.  Any employee of an insured employer who is aggrieved
  318-3  by an act of a participating insurer may file a complaint with the
  318-4  commissioner.  The commissioner shall review the complaint and
  318-5  refer any complaints involving job-related injury to the
  318-6  commission.  The commissioner may establish procedures to address
  318-7  complaints received under the pilot project.  The commissioner
  318-8  shall maintain a record of all complaints received.
  318-9        SECTION 17.16.  REPORT TO THE LEGISLATURE.  (a)  The
 318-10  department shall make an interim report on or before September 1,
 318-11  1995, and a final report within three months after the termination
 318-12  date of the pilot project, to the legislature on the activities,
 318-13  findings, and recommendations of the department relative to the
 318-14  pilot projects.  The department shall monitor, evaluate, and report
 318-15  the following information regarding the pilot projects:
 318-16              (1)  cost savings;
 318-17              (2)  effectiveness;
 318-18              (3)  effect on indemnity payments;
 318-19              (4)  complaints from injured workers and participating
 318-20  employers;
 318-21              (5)  recommendations to continue or discontinue
 318-22  testing;
 318-23              (6)  recommendations for any legislative changes; and
 318-24              (7)  other pertinent matters.
 318-25        (b)  The information from the pilot projects shall be
 318-26  reported in a format that facilitates comparisons to other similar
 318-27  data.
  319-1   ARTICLE 18.  PARTICULAR FUNCTIONS OF THE STATE BOARD OF INSURANCE
  319-2        SECTION 18.01.  Subchapter B, Chapter 21, Insurance Code, is
  319-3  amended by adding Article 21.20-1 to read as follows:
  319-4        Art. 21.20-1.  RULES RESTRICTING COMPETITIVE BIDDING OR
  319-5  ADVERTISING.  The commissioner may not adopt rules restricting
  319-6  competitive bidding or advertising by a person regulated by the
  319-7  department except to prohibit false, misleading, or deceptive
  319-8  practices by the person.
  319-9        SECTION 18.02.  Section 2, Article 1.10D, Insurance Code, is
 319-10  amended by adding Subsection (d-1) to read as follows:
 319-11        (d-1)  An authorized governmental agency and any state
 319-12  licensing agency shall furnish any materials, documents, reports,
 319-13  complaints, or other evidence to the insurance fraud unit on the
 319-14  request of the unit.  Compliance with this subsection by an
 319-15  authorized governmental agency or state licensing agency does not
 319-16  constitute waiver of any privilege or requirement of
 319-17  confidentiality otherwise applicable.  Notwithstanding Section 5(a)
 319-18  of this article, the commissioner may not release evidence obtained
 319-19  under this subsection for public inspection if release of the
 319-20  evidence would violate a privilege held by or a requirement of
 319-21  confidentiality imposed on the agency from which the evidence was
 319-22  obtained.
 319-23        SECTION 18.03.  Sections 1(a) and (c), Article 1.28,
 319-24  Insurance Code, are amended to read as follows:
 319-25        (a)  On giving written notice of intent to the commissioner
 319-26  of insurance, and if the commissioner of insurance does not
 319-27  disapprove within 30 days after that notice is given, a domestic
  320-1  insurance company, including a life, health, and accident insurance
  320-2  company, fire and marine insurance company, surety and trust
  320-3  company, general casualty company, title insurance company,
  320-4  fraternal benefit society, mutual life insurance company, local
  320-5  mutual aid association, statewide mutual assessment company, mutual
  320-6  insurance company other than life, farm mutual insurance company,
  320-7  county mutual insurance company, Lloyds plan, reciprocal exchange,
  320-8  group hospital service corporation, health maintenance
  320-9  organization, stipulated premium insurance company, nonprofit legal
 320-10  services corporation, or any other entity licensed under the
 320-11  Insurance Code or chartered or organized under the laws of this
 320-12  state that is an affiliated member of an insurance holding company
 320-13  system, as defined by Article 21.49-1 <21.49>, Insurance Code, as
 320-14  added by Chapter 356, Acts of the 62nd Legislature, Regular
 320-15  Session, 1971 (Article 21.49-1, Vernon's Texas Insurance Code), may
 320-16  locate and maintain all or any portion of its books, records, and
 320-17  accounts and its principal offices outside this state at a location
 320-18  within the United States if the company meets the requirements of
 320-19  this section.  This article does not apply to or prohibit the
 320-20  location and maintenance of the normal books, records, and accounts
 320-21  of either a branch office or agency office of a domestic insurance
 320-22  company at the branch office or agency office, if that office is
 320-23  located in the United States.
 320-24        (c)  The ultimate controlling person of the insurance holding
 320-25  company system, the immediate controlling person of the domestic
 320-26  insurance company, or an intermediate controlling person of the
 320-27  domestic insurance company must be legally domiciled, licensed, or
  321-1  admitted to transact business in a jurisdiction within the United
  321-2  States.
  321-3        SECTION 18.04.  Section 2, Article 21.49-1, Insurance Code,
  321-4  is amended to read as follows:
  321-5        Sec. 2.  Definitions.  As used in this article, the following
  321-6  terms shall have the respective meanings hereinafter set forth,
  321-7  unless the context shall otherwise require:
  321-8              (a)  Affiliate.  An "affiliate" of, or person
  321-9  "affiliated" with, a specific person, is a person that directly, or
 321-10  indirectly through one or more intermediaries, controls, or is
 321-11  controlled by, or is under common control with, the person
 321-12  specified.
 321-13              (b)  Commercially Domiciled Insurer.  The term
 321-14  "commercially domiciled insurer" means a foreign or alien insurer
 321-15  authorized to do business in this state that during its three
 321-16  preceding fiscal years taken together, or any lesser period if it
 321-17  has been licensed to transact business in this state only for that
 321-18  lesser period, has written an average of more gross premiums in
 321-19  this state than it has written in its state of domicile during the
 321-20  same period, with those gross premiums constituting 20 percent or
 321-21  more of its total gross premiums everywhere in the United States
 321-22  for that three-year or lesser period, as reported in its three most
 321-23  recent annual statements.
 321-24              (c)  Commissioner.  The term "Commissioner" shall mean
 321-25  the Commissioner of Insurance, the commissioner's deputies, or the
 321-26  State Board of Insurance, as appropriate.
 321-27              (d) <(c)>  Control.  The term "control," including the
  322-1  terms "controlling," "controlled by," and "under common control
  322-2  with," means the possession, direct or indirect, of the power to
  322-3  direct or cause the direction of the management and policies of a
  322-4  person, whether through the ownership of voting securities, by
  322-5  contract other than a commercial contract for goods or
  322-6  non-management services, or otherwise, unless the power is the
  322-7  result of an official position with or corporate office held by the
  322-8  person.  Control shall be presumed to exist if any person, directly
  322-9  or indirectly, or with members of the person's immediate family,
 322-10  owns, controls, or holds with the power to vote, or if any person
 322-11  other than a corporate officer or director of a person holds
 322-12  proxies representing, 10 percent or more of the voting securities
 322-13  or authority of any other person, or if any person by contract or
 322-14  <contractor> agreement is designated as an attorney-in-fact for a
 322-15  Lloyd's Plan insurer under Article 18.02 of this code or for a
 322-16  reciprocal or interinsurance exchange under Articles 19.02 and
 322-17  19.10 of this code.  This presumption may be rebutted by a showing
 322-18  made in the manner provided by Section 3(j) that control does not
 322-19  exist in fact and that the person rebutting the presumption is in
 322-20  compliance with Sections 5(a) through (c) of this article.  The
 322-21  commissioner may determine, after furnishing all persons in
 322-22  interest notice and opportunity to be heard and making specific
 322-23  findings of fact to support such determination, that control exists
 322-24  in fact, notwithstanding the absence of a presumption to that
 322-25  effect, where a person exercises directly or indirectly either
 322-26  alone or pursuant to an agreement with one or more other persons
 322-27  such a controlling influence over the management or policies of an
  323-1  authorized insurer as to make it necessary or appropriate in the
  323-2  public interest or for the protection of the policyholders of the
  323-3  insurer that the person be deemed to control the insurer.
  323-4              (e) <(d)>  Holding Company.  The term "holding company"
  323-5  means any person who directly or indirectly controls any insurer.
  323-6              (f) <(e)>  Controlled Insurer.  The term "controlled
  323-7  insurer" means an insurer controlled directly or indirectly by a
  323-8  holding company.
  323-9              (g) <(f)>  Controlled Person.  The term "controlled
 323-10  person" means any person, other than a controlled insurer who is
 323-11  controlled directly or indirectly by a holding company.
 323-12              (h)  Domestic Insurer.  The term "domestic insurer"
 323-13  includes a commercially domiciled insurer.
 323-14              (i) <(g)>  Insurance Holding Company System.  The term
 323-15  "insurance holding company system" consists of two or more
 323-16  affiliated persons, one or more of which is an insurer.
 323-17              (j) <(h)>  Insurer.  The term "insurer" shall include
 323-18  all insurance companies organized or chartered under the laws of
 323-19  this State, commercially domiciled insurers, or insurers licensed
 323-20  to do business in this State, including capital stock companies,
 323-21  mutual companies, farm mutual insurance companies, title insurance
 323-22  companies, fraternal benefit societies, local mutual aid
 323-23  associations, Statewide mutual assessment companies, county mutual
 323-24  insurance companies, Lloyds' Plan companies, reciprocal or
 323-25  interinsurance exchanges, stipulated premium insurance companies,
 323-26  and group hospital service companies, except that it shall not
 323-27  include agencies, authorities, or instrumentalities of the United
  324-1  States, its possessions and territories, the Commonwealth of Puerto
  324-2  Rico, the District of Columbia, or a state or political subdivision
  324-3  of a state.
  324-4              (k) <(i)>  Person.  A "person" is an individual, a
  324-5  corporation, a partnership, an association, a joint stock company,
  324-6  a trust, an unincorporated organization, any similar entity or any
  324-7  combination of the foregoing acting in concert, but shall not
  324-8  include any securities broker performing no more than the usual and
  324-9  customary broker's function.
 324-10              (l) <(j)>  Security holder.  A "security holder" of a
 324-11  specified person is one who owns any security of such person,
 324-12  including common stock, preferred stock, debt obligations, and any
 324-13  other security convertible into or evidencing the right to acquire
 324-14  any of the foregoing.
 324-15              (m) <(k)>  Subsidiary.  A "subsidiary" of a specified
 324-16  person is an affiliate controlled by such person directly or
 324-17  indirectly through one or more intermediaries.
 324-18              (n) <(l)>  Voting Security.  The term "voting security"
 324-19  means any security or other instrument which has the power to vote
 324-20  at a meeting of shareholders of a person for or against the
 324-21  election of directors or any other matter involving the direction
 324-22  of the management and policies of such person, or any other
 324-23  security or instrument which the State Board of Insurance deems to
 324-24  be of similar nature and considers necessary or appropriate, by
 324-25  which such rules and regulations as it may prescribe in the public
 324-26  interest deems to treat as a voting security.
 324-27              (o) <(m)>  Notwithstanding any other provision of this
  325-1  article, the following shall not be deemed holding companies:  the
  325-2  United States, a state or any political subdivision, agency, or
  325-3  instrumentality thereof, or any corporation which is wholly owned
  325-4  directly or indirectly by one or more of the foregoing.
  325-5              (p) <(n)>  Immediate Family.  The term "immediate
  325-6  family" means a person's spouse, father, mother, children,
  325-7  brothers, sisters, and grandchildren, the father, mother, brothers,
  325-8  and sisters of the person's spouse, and the spouse of the person's
  325-9  child, brother or sister, mother, father, or grandparent.
 325-10              (q) <(o)>  Ultimate Controlling Person.  The term
 325-11  "ultimate controlling person" means that person who is not
 325-12  controlled by another person.
 325-13              (r) <(p)>  Notwithstanding any other provision of this
 325-14  article, this article shall not be applicable to any insurance
 325-15  holding company system in which the insurer, the holding company,
 325-16  if any, the subsidiaries, if any, the affiliates, if any, and each
 325-17  and every other member thereof, if any, is privately owned by not
 325-18  more than five (5) security holders, each of whom is and must be an
 325-19  individual or a natural person, and the commissioner has found that
 325-20  it is not necessary that such holding company system be regulated
 325-21  under this article or certain provisions of this article and has
 325-22  issued a total or partial exemption certificate to such holding
 325-23  company which shall effect the exemption until revoked by the
 325-24  commissioner.
 325-25              (s)  The commissioner may exempt from the provisions of
 325-26  this article any commercially domiciled insurer if the commissioner
 325-27  determines that the insurer has assets physically located in this
  326-1  state or an asset to liability ratio sufficient to justify the
  326-2  conclusion that there is no reasonable danger that the operations
  326-3  or conduct of the business of the insurer could present a danger of
  326-4  loss to the policyholders of this state.
  326-5        SECTION 18.05.  Sections 3(a) and (j), Article 21.49-1,
  326-6  Insurance Code, are amended to read as follows:
  326-7        (a)  Registration.  Every insurer which is authorized to do
  326-8  business in this State and which is a member of an insurance
  326-9  holding company system shall register with the commissioner, except
 326-10  a foreign or non-domestic insurer subject to disclosure
 326-11  requirements and standards adopted by statute or regulation in the
 326-12  jurisdiction of its domicile which are substantially similar to
 326-13  those contained in this article.  The exemption from registration
 326-14  for a foreign insurer does not apply to a commercially domiciled
 326-15  insurer doing business in this state.  Any insurer which is subject
 326-16  to registration under this section shall register within 15 days
 326-17  after it becomes subject to registration unless the commissioner
 326-18  for good cause shown extends the time for registration, and then
 326-19  within such extended time.  The commissioner may require any
 326-20  authorized insurer which is a member of an insurance holding
 326-21  company system which is not subject to registration under this
 326-22  section to furnish a copy of the registration statement or other
 326-23  information filed by such insurance company with the insurance
 326-24  regulatory authority of its domiciliary jurisdiction.
 326-25        (j)  Disclaimer.  Any person may file with the commissioner a
 326-26  disclaimer of affiliation with any authorized insurer or such a
 326-27  disclaimer may be filed by such insurer or any member of an
  327-1  insurance holding company system.  The disclaimer shall fully
  327-2  disclose all material relationships and bases for affiliation
  327-3  between such person and such insurer as well as the basis for
  327-4  disclaiming such affiliation.  After a disclaimer has been filed,
  327-5  the insurer shall be relieved of any duty to register or report
  327-6  under this section which may arise out of the insurer's
  327-7  relationship with such person unless and until the commissioner
  327-8  disallows such a disclaimer.  Unless disallowed by the
  327-9  commissioner, a <A> disclaimer filed under this subsection relieves
 327-10  <does not relieve> a person of the duty to comply with the
 327-11  requirements of Sections 5(a) through (c) of this article.  The
 327-12  commissioner shall disallow such a disclaimer only after furnishing
 327-13  all parties in interest with notice and opportunity to be heard and
 327-14  after making specific findings of fact to support such
 327-15  disallowance.
 327-16        SECTION 18.06.  Section 5(e), Article 21.49-1, Insurance
 327-17  Code, is amended to read as follows:
 327-18        (e)  Exemptions.  The provisions of this section shall not
 327-19  apply to:
 327-20              (1)  any acquisition by a person who is a broker-dealer
 327-21  under state or federal securities laws of any voting security
 327-22  which, immediately prior to consummation of such acquisition, was
 327-23  not issued and outstanding and which acquisition is solely for
 327-24  resale under a plan approved by the commissioner that will not
 327-25  reasonably result in an acquisition of control on resale and where
 327-26  during the period prior to resale no actual positive act of control
 327-27  by virtue of those shares is committed;
  328-1              (2)  any transaction which is subject to the provisions
  328-2  of:  (i) Article 21.25, Sections 1 through 5, of this code, dealing
  328-3  with the merger or consolidation of two or more insurers and
  328-4  complying with the terms of such article until the plan of merger
  328-5  or consolidation has been filed by the domestic insurer with the
  328-6  Commissioner of Insurance in accordance with such Article 21.25.
  328-7  After the filing of such plan of merger or consolidation the
  328-8  transaction shall be subject to the approval provisions of
  328-9  Subsection (c) of Section 5 of this article, but the Commissioner
 328-10  may exempt such transaction from any or all of the other provisions
 328-11  and requirements of Section 5 of this article if the commissioner
 328-12  finds that the notice, proxy statement, and other materials
 328-13  furnished to shareholders and security holders in connection with
 328-14  such merger or consolidation contained reasonable and adequate
 328-15  factual and financial disclosure, material and information relating
 328-16  to such transaction, (ii) Article 11.20 of this code, (iii) Article
 328-17  11.21 of this code, (iv) Article 14.13 of this code, (v) Article
 328-18  14.61 of this code, (vi) Article 14.63 of this code, (vii) Article
 328-19  21.26 of this code, provided that the requirements of said article
 328-20  are fully complied with, <and> (viii) Article 22.15 of this code,
 328-21  provided that the requirements of said article are fully complied
 328-22  with, and (ix) Article 22.19 of this code, provided that the
 328-23  reinsurance is a total direct reinsurance agreement;
 328-24              (3)  any offer, request, invitation, agreement, or
 328-25  acquisition which the commissioner by order shall exempt therefrom
 328-26  as (i) not having been made or entered into for the purpose and not
 328-27  having the effect of changing or influencing the control of a
  329-1  domestic insurer, or (ii) as otherwise not comprehended within the
  329-2  purposes of this section;
  329-3              (4)  any acquisition of a voting security of a domestic
  329-4  insurer by a person in control of such domestic insurer if, after
  329-5  such acquisition, such person, directly or indirectly, owns or
  329-6  controls less than 50 percent of the then issued and outstanding
  329-7  voting securities of such domestic insurer;
  329-8              (5)  any acquisition of a voting security of a domestic
  329-9  insurer by a person that, directly or indirectly, owns or controls
 329-10  as much as 10 percent but less than 50 percent of the then issued
 329-11  and outstanding voting securities of such domestic insurer, and
 329-12  such person would, after such acquisition, directly or indirectly,
 329-13  own or control 50 percent or more of the then issued and
 329-14  outstanding voting securities of such domestic insurer, provided
 329-15  such person has made written application for such exemption and the
 329-16  commissioner by order has determined that such acquisition will not
 329-17  jeopardize the financial stability of the domestic insurer,
 329-18  prejudice the interests of its policyholders, or adversely affect
 329-19  the public interest; or
 329-20              (6)  any acquisition of a voting security of a domestic
 329-21  insurer by a person that, prior thereto, directly or indirectly,
 329-22  owns or controls more than 50 percent of the then issued and
 329-23  outstanding voting securities of such domestic insurer.
 329-24        SECTION 18.07.  Article 21.49-2A(b), Insurance Code, is
 329-25  amended to read as follows:
 329-26        (b)  Except as provided by Section (c) of this article, an
 329-27  insurer may not cancel:
  330-1              (1)  a policy of liability insurance that is a renewal
  330-2  or continuation policy; or
  330-3              (2)  a policy of liability insurance that is in its
  330-4  initial policy period after the 60th day following the date on
  330-5  which the policy was issued.
  330-6        SECTION 18.08.  Section 7(d), Article 21.49-2B, Insurance
  330-7  Code, is amended to read as follows:
  330-8        (d)  An insurer may <shall> notify an insured who has filed
  330-9  two claims in a period of less than three years that the insurer
 330-10  may decline to renew the policy if the insured files a third claim
 330-11  during the three-year period.  If the insurer does not notify the
 330-12  insured in accordance with this subsection, the insurer may not
 330-13  refuse to renew the policy because of losses.  The notice form must
 330-14  list the policyholder's claims and contain the sentence:  "Another
 330-15  non-weather related loss could cause us to refuse to renew your
 330-16  policy."  <The notice must be in a form approved by the board.>
 330-17        SECTION 18.09.  Section 2(g), Article 22.13, Insurance Code,
 330-18  is amended to read as follows:
 330-19        (g)  If a stipulated premium company ceases to write new
 330-20  health, accident, sickness, or hospitalization policies, or any
 330-21  combination of those policies, in an amount in excess of $10,000
 330-22  for any one risk, and so notifies the commissioner, the
 330-23  requirements imposed under Subsection (d) of this section relating
 330-24  to increase of minimum capital shall be suspended until the date on
 330-25  which the stipulated premium company resumes writing those health,
 330-26  accident, sickness, or hospitalization policies, and upon such
 330-27  resumption of writing of such policies, the stipulated premium
  331-1  company shall be required to increase its capital to the amount
  331-2  required by Subsection (d) as of the date of such resumption of
  331-3  such policy writings.  For purposes of this subsection, renewal of
  331-4  a policy is not the writing of a new health, accident, sickness, or
  331-5  hospitalization policy.
  331-6        SECTION 18.10.  Subsection (B), Section 2, Chapter 397, Acts
  331-7  of the 54th Legislature, 1955 (Article 3.70-2, Vernon's Texas
  331-8  Insurance Code), is amended to read as follows:
  331-9        (B)  No policy of accident and sickness insurance shall make
 331-10  benefits contingent upon treatment or examination by a particular
 331-11  practitioner or by particular practitioners of the healing arts
 331-12  hereinafter designated unless such policy contains a provision
 331-13  designating the practitioner or practitioners who will be
 331-14  recognized by the insurer and those who will not be recognized by
 331-15  the insurer.  Such provision may be located in the "Exceptions" or
 331-16  "Exceptions and Reductions" provisions, or elsewhere in the policy,
 331-17  or by endorsement attached to the policy, at the insurer's option.
 331-18  In designating the practitioners who will and will not be
 331-19  recognized, such provision shall use the following terms:  Doctor
 331-20  of Medicine, Doctor of Osteopathy, Doctor of Dentistry, Doctor of
 331-21  Chiropractic, Doctor of Optometry, Doctor of Podiatry, Licensed
 331-22  Audiologist, Licensed Speech-language Pathologist, Doctor in
 331-23  Psychology, Certified Social Worker--Advanced Clinical
 331-24  Practitioner, Licensed Dietitian, Licensed Professional Counselor,
 331-25  <and> Licensed Marriage and Family Therapist, and Licensed Hearing
 331-26  Aid Fitter and Dispenser.
 331-27        For purposes of this Act, such designations shall have the
  332-1  following meanings:
  332-2        Doctor of Medicine:  One licensed by the Texas State Board of
  332-3  Medical Examiners on the basis of the degree "Doctor of Medicine";
  332-4        Doctor of Osteopathy:  One licensed by the Texas State Board
  332-5  of Medical Examiners on the basis of the degree of "Doctor of
  332-6  Osteopathy";
  332-7        Doctor of Dentistry:  One licensed by the State Board of
  332-8  Dental Examiners;
  332-9        Doctor of Chiropractic:  One licensed by the Texas Board of
 332-10  Chiropractic Examiners;
 332-11        Doctor of Optometry:  One licensed by the Texas Optometry
 332-12  Board;
 332-13        Doctor of Podiatry:  One licensed by the State Board of
 332-14  Podiatry Examiners;
 332-15        Licensed Audiologist:  One with a master's or doctorate
 332-16  degree in audiology from an accredited college or university and
 332-17  who is licensed as an audiologist by the State Committee of
 332-18  Examiners for Speech-Language Pathology and Audiology <certified by
 332-19  the American Speech-language and Hearing Association>;
 332-20        Licensed Speech-language Pathologist:  One with a master's or
 332-21  doctorate degree in speech pathology or speech-language pathology
 332-22  from an accredited college or university and who is licensed as a
 332-23  speech-language pathologist by the State Committee of Examiners for
 332-24  Speech-Language Pathology and Audiology <certified by the American
 332-25  Speech-language and Hearing Association>;
 332-26        Doctor in Psychology:  One licensed by the Texas State Board
 332-27  of Examiners of Psychologists and certified as a Health Service
  333-1  Provider;
  333-2        Certified Social Worker--Advanced Clinical Practitioner:  One
  333-3  certified by the Texas Department of Human Services as a Certified
  333-4  Social Worker with the order of recognition of Advanced Clinical
  333-5  Practitioner;
  333-6        Licensed Dietitian:  One licensed by the Texas State Board of
  333-7  Examiners of Dietitians;
  333-8        Licensed Professional Counselor:  One licensed by the Texas
  333-9  State Board of Examiners of Professional Counselors; <and>
 333-10        Licensed Marriage and Family Therapist:  One licensed by the
 333-11  Texas State Board of Examiners of Marriage and Family Therapists;
 333-12  and
 333-13        Licensed Hearing Aid Fitter and Dispenser:  One licensed by
 333-14  the Texas Board of Examiners in the Fitting and Dispensing of
 333-15  Hearing Aids.
 333-16        SECTION 18.11.  Sections 1 and 3, Article 21.52, Insurance
 333-17  Code, as amended by Chapters 242 and 824, Acts of the 72nd
 333-18  Legislature, Regular Session, 1991, are reenacted and amended to
 333-19  read as follows:
 333-20        Sec. 1.  DEFINITIONS.  As used in this article:
 333-21              (a)  "health insurance policy" means any individual,
 333-22  group, blanket, or franchise insurance policy, insurance agreement,
 333-23  or group hospital service contract, providing benefits for medical
 333-24  or surgical expenses incurred as a result of an accident or
 333-25  sickness;
 333-26              (b)  "doctor of podiatric medicine" includes D.P.M.,
 333-27  podiatrist, doctor of surgical chiropody, D.S.C. and chiropodist;
  334-1              (c)  "doctor of optometry" includes optometrist, doctor
  334-2  of optometry, and O.D.;
  334-3              (d)  "doctor of chiropractic" means a person who is
  334-4  licensed by the Texas Board of Chiropractic Examiners to practice
  334-5  chiropractic;
  334-6              (e)  "licensed dentist" means a person who is licensed
  334-7  to practice dentistry by the State Board of Dental Examiners;
  334-8              (f)  "licensed audiologist" means a person who has
  334-9  received a master's or doctorate degree in audiology from an
 334-10  accredited college or university and is licensed as an audiologist
 334-11  by the State Committee of Examiners for Speech-Language Pathology
 334-12  and Audiology <certified by the American Speech-language and
 334-13  Hearing Association>;
 334-14              (g)  "licensed speech-language pathologist" means a
 334-15  person who has received a master's or doctorate degree in
 334-16  speech-language pathology from an accredited college or university
 334-17  and is licensed as a speech-language pathologist by the State
 334-18  Committee of Examiners for Speech-Language Pathology and Audiology
 334-19  <certified by the American Speech-language and Hearing Association
 334-20  to restore speech loss or correct a speech impairment>;
 334-21              (h)  "certified social worker--advanced clinical
 334-22  practitioner" means a person who is certified by the Texas
 334-23  Department of Human Services as a certified social worker with the
 334-24  order of recognition of advanced clinical practitioner;
 334-25              (i)  "licensed dietitian" means a person who is
 334-26  licensed by the Texas State Board of Examiners of Dietitians;
 334-27              (j)  "licensed professional counselor" means a person
  335-1  who is licensed by the Texas State Board of Examiners of
  335-2  Professional Counselors; <and>
  335-3              (k)  "psychologist" means a person licensed to practice
  335-4  psychology by the Texas State Board of Examiners of Psychologists;
  335-5              (l) <(k)>  "licensed marriage and family therapist"
  335-6  means a person who is licensed by the Texas State Board of
  335-7  Examiners of Marriage and Family Therapists; and
  335-8              (m)  "licensed hearing aid fitter and dispenser" means
  335-9  a person who is licensed by the Texas Board of Examiners in the
 335-10  Fitting and Dispensing of Hearing Aids.
 335-11        Sec. 3.  SELECTION OF PRACTITIONERS.  Any person who is
 335-12  issued, who is a party to, or who is a beneficiary under any health
 335-13  insurance policy delivered, renewed, or issued for delivery in this
 335-14  state by any insurance company, association, or organization to
 335-15  which this article applies may select a licensed doctor of
 335-16  podiatric medicine, a licensed dentist, or a doctor of chiropractic
 335-17  to perform the medical or surgical services or procedures scheduled
 335-18  in the policy which fall within the scope of the license of that
 335-19  practitioner, a licensed doctor of optometry to perform the
 335-20  services or procedures scheduled in the policy which fall within
 335-21  the scope of the license of that doctor of optometry, a licensed
 335-22  <an>  audiologist to measure hearing for the purpose of determining
 335-23  the presence or extent of a hearing loss and to provide aural
 335-24  rehabilitation services to a person with a hearing loss if those
 335-25  services or procedures are scheduled in the policy, a licensed
 335-26  speech-language pathologist to evaluate speech and language and to
 335-27  provide habilitative and rehabilitative services to restore speech
  336-1  or language loss or to correct a speech or language impairment if
  336-2  those services or procedures are scheduled in the policy, a
  336-3  certified social worker--advanced clinical practitioner to provide
  336-4  the services that fall within the scope of the license of such
  336-5  certified practitioner and which are specified as services within
  336-6  the terms of the policy of insurance, including the provision of
  336-7  direct, diagnostic, preventive, or clinical services to
  336-8  individuals, families, and groups whose functioning is threatened
  336-9  or affected by social or psychological stress or health impairment,
 336-10  if those services or procedures are scheduled in the policy, a
 336-11  licensed dietitian including a provisional licensed dietitian under
 336-12  a licensed dietitian's supervision to provide the services that
 336-13  fall within the scope of the license of that dietitian if those
 336-14  services are scheduled in the policy, a licensed professional
 336-15  counselor to provide the services that fall within the scope of the
 336-16  license of that professional if those services are scheduled in the
 336-17  policy, <or> a licensed marriage and family therapist to provide
 336-18  the services that fall within the scope of the license of that
 336-19  professional if those services are scheduled in the policy, <or> a
 336-20  psychologist to perform the services or procedures scheduled in the
 336-21  policy that fall within the scope of the license of that
 336-22  psychologist, or a licensed hearing aid fitter and dispenser to
 336-23  provide the services or procedures scheduled in the policy that
 336-24  fall within the scope of the license of that practitioner.  The
 336-25  services of a certified social worker--advanced clinical
 336-26  practitioner, licensed professional counselor, or licensed marriage
 336-27  and family therapist that are included in this Act may require a
  337-1  professional recommendation by a doctor of medicine or doctor of
  337-2  osteopathy unless the health insurance policy terms do not require
  337-3  such a recommendation.  The payment or reimbursement by the
  337-4  insurance company, association, or organization for those services
  337-5  or procedures in accordance with the payment schedule or the
  337-6  payment provisions in the policy shall not be denied because the
  337-7  same were performed by a licensed doctor of podiatric medicine, a
  337-8  licensed doctor of optometry, a licensed doctor of chiropractic, a
  337-9  licensed dentist, a licensed <an> audiologist, a licensed
 337-10  speech-language pathologist, a certified social worker--advanced
 337-11  clinical practitioner, a licensed dietitian, a licensed
 337-12  professional counselor, <or> a licensed marriage and family
 337-13  therapist, <or> a psychologist, or a licensed hearing aid fitter
 337-14  and dispenser.  There shall not be any classification,
 337-15  differentiation, or other discrimination in the payment schedule or
 337-16  the payment provisions in a health insurance policy, nor in the
 337-17  amount or manner of payment or reimbursement thereunder, between
 337-18  scheduled services or procedures when performed by a doctor of
 337-19  podiatric medicine, a doctor of optometry, a doctor of
 337-20  chiropractic, a licensed dentist, a licensed <an> audiologist, a
 337-21  licensed speech-language pathologist, a certified social
 337-22  worker--advanced clinical practitioner, a licensed dietitian, a
 337-23  licensed professional counselor, <or> a licensed marriage and
 337-24  family therapist, <or> a psychologist, or a licensed hearing aid
 337-25  fitter and dispenser which fall within the scope of his license or
 337-26  certification and the same services or procedures when performed by
 337-27  any other practitioner of the healing arts whose services or
  338-1  procedures are covered by the policy.  Any provision in a health
  338-2  insurance policy contrary to or in conflict with the provisions of
  338-3  this article shall, to the extent of the conflict, be void, but
  338-4  such invalidity shall not affect the validity of the other
  338-5  provisions of this policy.  Any presently approved policy form
  338-6  containing any provision in conflict with the requirements of this
  338-7  Act shall be brought into compliance with this Act by the use of
  338-8  riders and endorsements which have been approved by the State Board
  338-9  of Insurance or by the filing of new or revised policy forms for
 338-10  approval by the State Board of Insurance.
 338-11        SECTION 18.12.  Article 23.01, Insurance Code, is amended to
 338-12  read as follows:
 338-13        Art. 23.01.  Incorporation; Definitions.  (a)  Any seven or
 338-14  more persons on application to the secretary of state for a
 338-15  corporate charter under the Texas Non-Profit Corporation Act as a
 338-16  nonmembership corporation may be incorporated for the sole purpose
 338-17  of establishing, maintaining, and operating non-profit legal
 338-18  service plans, whereby legal services may be provided by such
 338-19  corporation through contracting attorneys as is hereinafter
 338-20  provided.
 338-21        (b)  As used in this chapter, the following words, unless the
 338-22  context of their use clearly indicates otherwise, shall have the
 338-23  following meanings:
 338-24              (1)  "Attorney" means a person  <currently> licensed
 338-25  <by the Supreme Court of Texas> to practice law in the jurisdiction
 338-26  in which the legal services are to be provided.
 338-27              (2)  "Applicant" means a person applying for a legal
  339-1  services contract for performance of legal services through a
  339-2  corporation qualified under this chapter.
  339-3              (3)  "Benefit certificate" means a writing setting
  339-4  forth the benefits and other required matters issued to a
  339-5  participant under a group contract for legal services and also an
  339-6  individual contract for legal services issued to a participant.
  339-7              (4)  "Contracting attorney" means an attorney who has
  339-8  entered into the contract provided by Article 23.11 of this code.
  339-9              (5)  "Participant" means the person entitled to
 339-10  performance of legal services under contract with a corporation
 339-11  qualified under this chapter.
 339-12              (6)  "State Board of Insurance" means all of the
 339-13  insurance regulatory officials whose duties and functions are
 339-14  designated by the Insurance Code of Texas as such now exists or may
 339-15  be amended in the future.  Any duty stated by this chapter to be
 339-16  performed by or to be placed on the State Board of Insurance is
 339-17  placed upon and is to be performed by the insurance regulatory
 339-18  official or group of officials on whom similar duties are placed or
 339-19  to be performed for insurers or the business of insurance by the
 339-20  Insurance Code.  The multimember insurance regulatory body
 339-21  designated by the Insurance Code as the uniform insurance
 339-22  rule-making authority is authorized to enact rules designating the
 339-23  proper insurance regulatory official to perform any duty placed by
 339-24  this chapter on the insurance regulatory officials where such duty
 339-25  is not similar to duties otherwise performed by a specific official
 339-26  or group of such officials.
 339-27        SECTION 18.13.  Article 23.22, Insurance Code, is amended to
  340-1  read as follows:
  340-2        Art. 23.22.  Complaints.  The State Board of Insurance shall
  340-3  refer a complaint <any complaints> received by it concerning the
  340-4  performance of an <any> attorney licensed in this state who is
  340-5  connected with a <any> corporation complying with this chapter to
  340-6  the Supreme Court of the State of Texas or to any person designated
  340-7  by the Supreme Court to receive attorney grievances from the
  340-8  public.  The board shall refer a complaint regarding an attorney
  340-9  licensed in another jurisdiction who is connected with a
 340-10  corporation complying with this chapter to the appropriate
 340-11  licensing agency of the other jurisdiction.
 340-12        SECTION 18.14.  (a)  Section 6, Article 21.52B, Insurance
 340-13  Code, is repealed.
 340-14        (b)  This section takes effect August 30, 1993.
 340-15        SECTION 18.15.  Effective August 30, 1993, Section 41.02,
 340-16  Chapter 817, Acts of the 65th Legislature, Regular Session, 1977,
 340-17  is repealed.
 340-18        SECTION 18.16.    (a)  The change in law made to Articles
 340-19  23.01 and 23.22, Insurance Code, by this article apply only to a
 340-20  contract entered into or renewed by a nonprofit legal services
 340-21  corporation on or after January 1, 1994.  A contract that is
 340-22  entered into or renewed before January 1, 1994, is governed by the
 340-23  law as it existed immediately before the effective date of this
 340-24  Act, and that law is continued in effect for that purpose.
 340-25        (b)  This article applies only to an insurance policy that is
 340-26  delivered, issued for delivery, or renewed on or after January 1,
 340-27  1994.  A policy that is delivered, issued for delivery, or renewed
  341-1  before January 1, 1994, is governed by the law as it existed
  341-2  immediately before the effective date of this Act, and that law is
  341-3  continued in effect for that purpose.
  341-4              ARTICLE 19.  CONTINUATION AND FUNCTIONS OF
  341-5                  OFFICE OF PUBLIC INSURANCE COUNSEL
  341-6        SECTION 19.01.  Article 1.35A, Insurance Code, is amended to
  341-7  read as follows:
  341-8        Art. 1.35A.  Office of Public Insurance Counsel<.>
  341-9        Sec. 1.  CREATION; PURPOSE.  <(a)>  The independent office of
 341-10  public insurance counsel is created to represent the interests of
 341-11  insurance consumers in Texas.
 341-12        Sec. 2.  APPOINTMENT, QUALIFICATIONS, AND REMOVAL OF PUBLIC
 341-13  COUNSEL.  (a) <(b)>  The governor with the advice and consent of
 341-14  the senate shall appoint a public counsel who shall serve as the
 341-15  executive director of the office of public insurance counsel.
 341-16        (b) <(c)>  To be eligible to serve as public counsel for the
 341-17  office of public insurance counsel, a person must be a resident of
 341-18  Texas and be eligible to practice law in Texas.  The public counsel
 341-19  shall be a person who has demonstrated a strong commitment and
 341-20  involvement in efforts to safeguard the rights of the public and
 341-21  who possesses the knowledge and experience necessary to practice
 341-22  effectively in insurance proceedings.
 341-23        (c)  A person is not eligible for appointment as public
 341-24  counsel if the person or the person's spouse:
 341-25              (1)  is employed by or participates in the management
 341-26  of a business entity or other organization regulated by the
 341-27  department or receiving funds from the department;
  342-1              (2)  owns or controls, directly or indirectly, more
  342-2  than a 10 percent interest in a business entity or other
  342-3  organization regulated by the department or receiving funds from
  342-4  the department or the office of public insurance counsel; or
  342-5              (3)  uses or receives a substantial amount of tangible
  342-6  goods, services, or funds from the department or the office of
  342-7  public insurance counsel, other than compensation or reimbursement
  342-8  authorized by law for department or office of public insurance
  342-9  counsel membership, attendance, or expenses.
 342-10        (d)  Appointment of the public counsel shall be made without
 342-11  regard to the race, color, handicap, sex, religion, age, or
 342-12  national origin of the appointee.
 342-13        (e) <(d)>  The public counsel shall serve for a term of two
 342-14  years expiring on February 1 of each odd-numbered year.
 342-15        (f)  It is a ground for removal from office if the public
 342-16  counsel:
 342-17              (1)  does not have at the time of appointment the
 342-18  qualifications required by Subsection (b) of this section;
 342-19              (2)  does not maintain during service as public counsel
 342-20  the qualifications required by Subsection (b) of this section;
 342-21              (3)  violates a prohibition established by Subsection
 342-22  (c) of this section or Section 4 of this article; or
 342-23              (4)  cannot discharge the public counsel's duties for a
 342-24  substantial part of the term for which the public counsel is
 342-25  appointed because of illness or disability.
 342-26        (g)  The validity of an action of the office of public
 342-27  insurance counsel is not affected by the fact that it is taken when
  343-1  a ground for removal of the public counsel exists.
  343-2        Sec. 3.  ADMINISTRATION.  (a) <(e)>  The public counsel, as
  343-3  executive director of the office of public insurance counsel, shall
  343-4  be charged with the responsibility of administering, enforcing, and
  343-5  carrying out the provisions of this article, including preparation
  343-6  and submission to the legislature of a budget for the office,
  343-7  employing all necessary professional, technical, and other
  343-8  employees to carry out the provisions of this article, approval of
  343-9  expenditures for professional services, travel, per diem, and other
 343-10  actual and necessary expenses incurred in administering the office.
 343-11  Expenses for the office shall be paid from the assessment imposed
 343-12  in Article 1.35B of this chapter.  The compensation for employees
 343-13  of the office of public insurance counsel shall be fixed by the
 343-14  legislature as provided by the General Appropriations Act.
 343-15        (b)  The office of public insurance counsel shall file
 343-16  annually with the governor and the presiding officer of each house
 343-17  of the legislature a complete and detailed written report
 343-18  accounting for all funds received and disbursed by the office of
 343-19  public insurance counsel during the preceding fiscal year.  The
 343-20  annual report must be in the form and reported in the time provided
 343-21  by the General Appropriations Act.
 343-22        (c)  All money paid to the office of public insurance counsel
 343-23  under this article shall be deposited in the state treasury.
 343-24        (d)  The public counsel or the public counsel's designee
 343-25  shall prepare and maintain a written policy statement to ensure
 343-26  implementation of a program of equal employment opportunity under
 343-27  which all personnel transactions are made without regard to race,
  344-1  color, disability, sex, religion, age, or national origin.  The
  344-2  policy statement must include:
  344-3              (1)  personnel policies, including policies relating to
  344-4  recruitment, evaluation, selection, appointment, training, and
  344-5  promotion of personnel that are in compliance with the Texas
  344-6  Commission on Human Rights Act (Article 5221k, Vernon's Texas Civil
  344-7  Statutes) and its subsequent amendments;
  344-8              (2)  a comprehensive analysis of the office of public
  344-9  insurance counsel work force that meets federal and state
 344-10  guidelines;
 344-11              (3)  procedures by which a determination can be made of
 344-12  significant underuse in the office of public insurance counsel work
 344-13  force of all persons for whom federal or state guidelines encourage
 344-14  a more equitable balance; and
 344-15              (4)  reasonable methods to appropriately address those
 344-16  areas of significant underuse.
 344-17        (e)  A policy statement prepared under Subsection (d) of this
 344-18  section must cover an annual period, be updated at least annually
 344-19  and reviewed by the Commission on Human Rights for compliance with
 344-20  Subsection (d)(1) of this section, and be filed with the governor's
 344-21  office.
 344-22        (f)  The governor's office shall deliver a biennial report to
 344-23  the legislature based on the information received under Subsection
 344-24  (e) of this section.  The report may be made separately or as a
 344-25  part of other biennial reports made to the legislature.
 344-26        (g)  The public counsel or the public counsel's designee
 344-27  shall develop an intra-agency career ladder program.  The program
  345-1  shall require intra-agency posting of all nonentry level positions
  345-2  concurrently with any public posting.
  345-3        (h)  The public counsel or the public counsel's designee
  345-4  shall develop a system of annual performance evaluations.  All
  345-5  merit pay for office of public insurance counsel employees must be
  345-6  based on the system established under this subsection.
  345-7        (i)  The office of public insurance counsel shall provide to
  345-8  its public counsel and employees, as often as necessary,
  345-9  information regarding their qualification for office or employment
 345-10  under this article and their responsibilities under applicable laws
 345-11  relating to standards of conduct for state officers or employees.
 345-12        Sec. 4.  CONFLICT OF INTEREST.  (a)  A person may not serve
 345-13  as the public counsel or act as the general counsel for the office
 345-14  of public insurance counsel if the person is required to register
 345-15  as a lobbyist under Chapter 305, Government Code, because of the
 345-16  person's activities for compensation related to the operation of
 345-17  the department or the office of public insurance counsel.
 345-18        (b) <(f)>  A person serving as the public counsel may not,
 345-19  for a period of two years after the date the person ceases to be
 345-20  public counsel, represent any person in a proceeding before the
 345-21  board or receive compensation for services rendered on behalf of
 345-22  any person regarding a case pending before the rate board,
 345-23  commissioner, or department <board>.
 345-24        (c)  An officer, employee, or paid consultant of a trade
 345-25  association in the field of insurance may not serve as the public
 345-26  counsel or be an employee of the office of public insurance counsel
 345-27  who is exempt from the state's position classification plan or is
  346-1  compensated at or above the amount prescribed by the General
  346-2  Appropriations Act for step 1, salary group 17, of the position
  346-3  classification salary schedule.
  346-4        (d)  A person who is the spouse of an officer, manager, or
  346-5  paid consultant of a trade association in the field of insurance
  346-6  may not serve as the public counsel and may not be an office of
  346-7  public insurance counsel employee who is exempt from the state's
  346-8  position classification plan or is compensated at or above the
  346-9  amount prescribed by the General Appropriations Act for step 1,
 346-10  salary group 17, of the position classification salary schedule.
 346-11        (e)  For purposes of this section, a trade association is a
 346-12  nonprofit, cooperative, and voluntarily joined association of
 346-13  business or professional competitors designed to assist its members
 346-14  and its industry or profession in dealing with mutual business or
 346-15  professional problems and in promoting their common interest.
 346-16        Sec. 5.  POWERS AND DUTIES.  (a) <(g)>  The office of public
 346-17  insurance counsel may assess the impact of insurance rates, rules,
 346-18  and forms on insurance consumers in Texas and, in its own name,
 346-19  shall act as an advocate of positions that are most advantageous to
 346-20  a substantial number of insurance consumers as determined by the
 346-21  public counsel for the office.
 346-22        (b) <(h)>  The public counsel:
 346-23              (1)  may appear or intervene as a matter of right
 346-24  before the rate board, commissioner, or department <State Board of
 346-25  Insurance> as a party or otherwise on behalf of insurance consumers
 346-26  as a class in:
 346-27                    (A)  matters involving rates, rules, and forms
  347-1  affecting property and casualty insurance;
  347-2                    (B)  matters involving rates, rules, and forms
  347-3  affecting title insurance;
  347-4                    (C)  matters involving rules affecting life,
  347-5  health, and accident insurance;
  347-6                    (D)  matters involving rates, rules, and forms
  347-7  affecting credit life, and credit accident and health insurance;
  347-8                    (E)  matters involving rates, rules, and forms
  347-9  affecting all other lines of insurance for which the rate board,
 347-10  commissioner, or department <State Board of Insurance> promulgates,
 347-11  sets, or approves rates, rules, and/or forms; and
 347-12                    (F)  matters involving withdrawal of approval of
 347-13  policy forms under Article 3.42(f) and 3.42(g) of this code if the
 347-14  public counsel determines that such forms do not comply with this
 347-15  code or any valid rule relating thereto duly adopted by the rate
 347-16  board or commissioner <State Board of Insurance> or is otherwise
 347-17  contrary to law;
 347-18              (2)  may initiate or intervene as a matter of right or
 347-19  otherwise appear in a judicial proceeding involving or arising out
 347-20  of any action taken by an administrative agency in a proceeding in
 347-21  which the public counsel appeared under the authority granted by
 347-22  this article;
 347-23              (3)  is entitled to access to any records of the
 347-24  department that are available to any party other than the board's
 347-25  staff in a proceeding before the board;
 347-26              (4)  is entitled to obtain discovery under the
 347-27  Administrative Procedure and Texas Register Act (Article 6252-13a,
  348-1  Vernon's Texas Civil Statutes) of any nonprivileged matter that is
  348-2  relevant to the subject matter involved in any proceeding or
  348-3  submission before the rate board, commissioner, or department
  348-4  <State Board of Insurance>;
  348-5              (5)  may recommend legislation to the legislature that,
  348-6  in the judgment of the public counsel, would affect positively the
  348-7  interests of insurance consumers;
  348-8              (6)  may appear or intervene as a matter of right as a
  348-9  party or otherwise on behalf of insurance consumers as a class in
 348-10  all proceedings in which the public counsel determines that
 348-11  insurance consumers need representation, except that the public
 348-12  counsel may not intervene in any enforcement or parens patriae
 348-13  proceeding brought by the attorney general; and
 348-14              (7)  shall submit to the department for adoption a
 348-15  consumer bill of rights appropriate to each personal line of
 348-16  insurance regulated by the board to be distributed upon the
 348-17  issuance of a policy by insurers to each policyholder under rules
 348-18  adopted by the department.
 348-19        (c) <(i)>  The public counsel may not intervene in hearings
 348-20  before the board or commissioner that relate to approval or
 348-21  consideration of individual charters, licenses, acquisitions,
 348-22  mergers, or examinations, proceedings concerning the solvency of
 348-23  individual insurers after a receiver is appointed, or other matters
 348-24  affecting individual insurer or agent licenses.  The
 348-25  confidentiality requirements applicable to examination reports
 348-26  under Article 1.18 of this code and to the commissioner under
 348-27  Section 3A, Article 21.28, of this code shall apply to the public
  349-1  counsel.
  349-2        (d)  The public counsel may not appear or intervene in
  349-3  hearings before the rate board or commissioner that relate to
  349-4  approval or consideration of rates, rules, or forms affecting
  349-5  commercial insurance, except that the public counsel may represent
  349-6  a class of commercial consumers in a hearing if the class includes
  349-7  at least one commercial insurance consumer who paid less than
  349-8  $250,000 in total insurance premiums in the calendar year before
  349-9  the year in which the hearing is held.
 349-10        (e) <(j)>  Any order of the board which determines, approves,
 349-11  or sets a rate under this code and is appealed shall be and remain
 349-12  in effect during the pendency of an appeal.  During the pendency of
 349-13  the appeal, an insurer shall use the rate provided in the order
 349-14  being appealed.  Such rate shall be lawful and valid during such
 349-15  appeal, and an insurer shall not be required to make any refund
 349-16  therefrom after a decision on the appeal.  If a decision on appeal
 349-17  shall vacate the order, the rate established by the board prior to
 349-18  the rendition of the vacated order shall be in effect from and
 349-19  after the date of remand and until the board shall make a further
 349-20  determination; however, the board shall consider the order of the
 349-21  court in setting future rates.
 349-22        Sec. 6.  PUBLIC ACCESS AND INFORMATION.  (a)  The office of
 349-23  public insurance counsel shall prepare information of public
 349-24  interest describing the functions of the office.  The office of
 349-25  public insurance counsel shall make the information available to
 349-26  the public and appropriate state agencies.
 349-27        (b)  The office of public insurance counsel shall prepare and
  350-1  maintain a written plan that describes how a person who does not
  350-2  speak English can be provided reasonable access to the office of
  350-3  public insurance counsel's programs.  The office of public
  350-4  insurance counsel shall also comply with federal and state laws for
  350-5  program and facility accessibility.
  350-6        Sec. 7.  APPLICABILITY OF SUNSET ACT.  <(k)>  The office of
  350-7  public insurance counsel is subject to Chapter 325, Government Code
  350-8  (Texas Sunset Act).  Unless continued in existence as provided by
  350-9  that chapter, the office is abolished September 1, 2005 <1993>.
 350-10             ARTICLE 20.  REDESIGNATION OF PROVISIONS WITH
 350-11             DUPLICATE DESIGNATIONS; CONFORMING AMENDMENTS
 350-12        SECTION 20.01.  Article 3.77, Insurance Code, as added by
 350-13  Chapter 800, Acts of the 71st Legislature, Regular Session, 1989,
 350-14  is reenacted and redesignated as Article 3.78, Insurance Code, to
 350-15  read as follows:
 350-16        Art. 3.78 <3.77>.  Eligibility for Benefits for Alzheimer's
 350-17  Disease.  If an individual or group policy, contract, or
 350-18  certificate, or evidence of coverage providing coverage for
 350-19  Alzheimer's disease is delivered or issued for delivery in this
 350-20  state by an insurer, including a group hospital service corporation
 350-21  under Chapter 20 of this code, and the policy, contract,
 350-22  certificate, or evidence requires demonstrable proof of organic
 350-23  disease or other proof before the insurer will authorize payment of
 350-24  benefits for Alzheimer's disease, a clinical diagnosis of
 350-25  Alzheimer's disease by a physician licensed in this state,
 350-26  including history and physical, neurological, psychological and/or
 350-27  psychiatric evaluations, and laboratory studies, shall satisfy the
  351-1  requirement for demonstrable proof of organic disease or other
  351-2  proof under the coverage.
  351-3        SECTION 20.02.  Subsection (e), Section 2, Article 21.48A,
  351-4  Insurance Code, as added by Section 2, Chapter 327, Acts of the
  351-5  72nd Legislature, Regular Session, 1991, is reenacted and
  351-6  redesignated as Subsection (f) to read as follows:
  351-7        (f) <(e)>  A Lender that requires a Borrower to secure
  351-8  insurance coverage before the Lender will provide a residential
  351-9  mortgage loan shall accept an insurance binder as evidence of the
 351-10  required insurance if:
 351-11              (1)  the insurance binder is issued by a licensed local
 351-12  recording agent as that term is defined by Article 21.14 of this
 351-13  code and, if requested to do so, the agent shall furnish
 351-14  appropriate evidence to the Lender;
 351-15              (2)  the local recording agent is appointed to
 351-16  represent the insurance company whose name appears on the binder
 351-17  and is authorized to issue binders and, if requested to do so, the
 351-18  agent shall furnish appropriate evidence to the Lender;
 351-19              (3)  the insurance binder is accompanied by evidence of
 351-20  payment of the required premium; and
 351-21              (4)  the insurance binder will be replaced by an
 351-22  original insurance policy for the required coverage within 30 days
 351-23  of the date of the issuance of the insurance binder.
 351-24        If the foregoing conditions are met, a Lender may not require
 351-25  a Borrower to provide an original insurance policy in lieu of the
 351-26  insurance binder.
 351-27        SECTION 20.03.  Article 21.49-14, Insurance Code, as added by
  352-1  Section 5.08, Chapter 1, Acts of the 70th Legislature, 1st Called
  352-2  Session, 1987, is reenacted and redesignated as Article 21.49-13,
  352-3  Insurance Code, to read as follows:
  352-4        Art. 21.49-13 <21.49-14>.  Excess Liability Pools
  352-5        Sec. 1.  Definitions.  In this article:
  352-6              (1)  "Pool" means an excess liability pool created
  352-7  under this article.
  352-8              (2)  "Fund" means an excess liability fund.
  352-9              (3)  "Board" means the board of trustees of a pool.
 352-10              (4)  "County" means a county in this state.
 352-11              (5)  "School district" means a public school district
 352-12  created under the laws of this state.
 352-13              (6)  "Junior college district" means a junior college
 352-14  district organized under the laws of this state.
 352-15              (7)  "Entity" means a county, school district, or
 352-16  junior college district.
 352-17        Sec. 2.  Creation of pools.  (a)  Separate excess liability
 352-18  pools may be created for counties, school districts, and junior
 352-19  college districts as provided by this article.
 352-20        (b)  An excess liability pool may be created:
 352-21              (1)  for counties, on written agreement to create the
 352-22  pool by the county judges of not fewer than five counties in this
 352-23  state;
 352-24              (2)  for school districts, on written agreement to
 352-25  create the pool by the presidents of the boards of trustees, acting
 352-26  on behalf of their boards, of not fewer than five school districts
 352-27  in this state; or
  353-1              (3)  for junior college districts, on written agreement
  353-2  to create the pool by the presiding officers of the boards of
  353-3  trustees, acting on behalf of their boards, of not fewer than five
  353-4  junior college districts in this state.
  353-5        (c)  An excess liability pool is created to provide excess
  353-6  liability insurance coverage as provided by this article and the
  353-7  plan.
  353-8        (d)  An entity may participate only in a pool created for
  353-9  that type of entity.  There may not be more than one county excess
 353-10  liability pool, one school district excess liability pool, and one
 353-11  junior college district excess liability pool.
 353-12        Sec. 3.  Scope of coverage.  (a)  A pool shall insure an
 353-13  entity and its officers and employees against liability for acts
 353-14  and omissions under the laws governing that entity and its officers
 353-15  and employees in their official or employment capacities.
 353-16        (b)  Under excess liability insurance coverage, a pool shall
 353-17  pay that portion of a claim against an entity and its officers and
 353-18  employees that is finally determined or settled or is included in a
 353-19  final judgment of a court and that is in excess of $500,000, but
 353-20  the amount paid by the pool may not be in excess of the amount
 353-21  determined by the board to be actuarially sound for the pool.
 353-22        (c)  Under the insurance coverage, the pool may participate
 353-23  in the evaluation, settlement, or defense of any claim.
 353-24        Sec. 4.  Participation in pool.  An entity is entitled to
 353-25  coverage from the pool on:
 353-26              (1)  submitting a complete application;
 353-27              (2)  providing any other information required by the
  354-1  pool;
  354-2              (3)  meeting the underwriting standards established by
  354-3  the pool; and
  354-4              (4)  paying the premiums required for the coverage.
  354-5        Sec. 5.  Payment of contributions and premiums.  An entity
  354-6  purchasing excess liability insurance coverage from the pool may
  354-7  use funds of the entity to pay any contributions or premiums
  354-8  required by the pool for the coverage.
  354-9        Sec. 6.  Plan of operation.  (a)  At the time the written
 354-10  agreement is executed under Section 2 of this article, the creators
 354-11  shall select nine persons to serve as a temporary board to draft
 354-12  the plan of operation for a pool.
 354-13        (b)  Within 30 days after selection, the members of a
 354-14  temporary board shall meet to prepare a detailed plan of operation
 354-15  for the pool.
 354-16        (c)  The plan of operation may include any matters relating
 354-17  to the organization and operation of the pool and the pool's
 354-18  finances.  The plan must include:
 354-19              (1)  the organizational structure of the pool,
 354-20  including the method of selection of the board, the method of
 354-21  procedure and operation of the board, and a summary of the method
 354-22  for managing and operating the pool;
 354-23              (2)  a description of the contributions and other
 354-24  financial arrangements necessary to cover the initial expenses of
 354-25  the pool and estimates supported by statistical data of the amounts
 354-26  of those contributions or other financial arrangements;
 354-27              (3)  underwriting standards and procedures for the
  355-1  evaluation of risks;
  355-2              (4)  procedures for purchase of reinsurance;
  355-3              (5)  methods, procedures, and guidelines for
  355-4  establishing rates for premiums for and maximum limits of excess
  355-5  coverage available from the pool;
  355-6              (6)  procedures for the processing and payment of
  355-7  claims;
  355-8              (7)  methods and procedures for defraying any losses
  355-9  and expenses of the pool;
 355-10              (8)  methods, procedures, and guidelines for the
 355-11  management and investment of the fund;
 355-12              (9)  guidelines for nonrenewal of coverage;
 355-13              (10)  minimum limits of capital and surplus to be
 355-14  maintained by the pool; and
 355-15              (11)  minimum standards for reserve requirements for
 355-16  the pool.
 355-17        (d)  The temporary board shall complete and adopt the plan of
 355-18  operation within 90 days after the date of the appointment of the
 355-19  temporary board.
 355-20        (e)  Within 15 days following the day on which the plan of
 355-21  operation is adopted, the first board must be selected as provided
 355-22  by the plan of operation.   The members of the first board shall
 355-23  take office not later than the 30th day following the date of the
 355-24  adoption of the plan of operation.
 355-25        Sec. 7.  Board of trustees.  (a)  A pool is governed by a
 355-26  board of nine trustees selected as provided by the plan of
 355-27  operation.
  356-1        (b)  Members of the board serve for terms of two years with
  356-2  the terms expiring at the time provided by the plan of operation.
  356-3        (c)  A vacancy on the board shall be filled as provided by
  356-4  the plan of operation.
  356-5        (d)  A person serving on the board who is an officer or
  356-6  employee of an entity covered by the pool performs duties on the
  356-7  board as additional duties required of his original office or
  356-8  employment.
  356-9        (e)  Each member of the board shall execute a bond in the
 356-10  amount required by the plan of operation payable to the pool and
 356-11  conditioned on the faithful performance of his duties.  The pool
 356-12  shall pay the cost of the bond.
 356-13        (f)  Members of the board are not entitled to compensation
 356-14  for their service on the board.
 356-15        (g)  The board shall select from its membership persons to
 356-16  serve as chairman, vice-chairman, and secretary.  The persons
 356-17  selected serve for terms of one year that expire as provided by the
 356-18  plan of operation.
 356-19        (h)  The board shall hold meetings at the call of the
 356-20  chairman and at times established by its rules.
 356-21        (i)  A majority of the members of the board constitutes a
 356-22  quorum.
 356-23        (j)  In addition to other duties provided by this article and
 356-24  the plan of operation, the board shall:
 356-25              (1)  approve contracts other than excess liability
 356-26  insurance contracts issued to entities by the pool;
 356-27              (2)  consider and adopt premium rate schedules for the
  357-1  pool;
  357-2              (3)  consider and adopt policy forms for the pool;
  357-3              (4)  receive service of summons on behalf of the pool;
  357-4  and
  357-5              (5)  appoint and supervise the activities of the pool
  357-6  manager.
  357-7        (k)  In addition to other authority provided by this article,
  357-8  the board may:
  357-9              (1)  adopt necessary rules;
 357-10              (2)  delegate specific responsibilities to the pool
 357-11  manager; and
 357-12              (3)  amend the plan of operation to assure the orderly
 357-13  management and operation of the pool.
 357-14        (l)  A member of the board is not liable with respect to a
 357-15  claim or judgment for which coverage is provided by the pool or for
 357-16  a claim or judgment against an entity covered by the pool against
 357-17  whom a claim is made.
 357-18        Sec. 8.  Pool Manager.  (a)  The board shall appoint a pool
 357-19  manager who shall serve at the pleasure of the board.
 357-20        (b)  The pool manager is entitled to receive the compensation
 357-21  authorized by the board.
 357-22        (c)  The pool manager shall execute a bond in the amount
 357-23  determined by the board, payable to the pool, conditioned on the
 357-24  faithful performance of his duties.  The pool shall pay the cost of
 357-25  the bond.
 357-26        (d)  The pool manager shall manage and conduct the affairs of
 357-27  the pool under the general supervision of the board and shall
  358-1  perform any other duties directed by the board.
  358-2        (e)  In addition to any other duties provided by this article
  358-3  or by the board, the pool manager shall:
  358-4              (1)  receive and pass on applications from entities for
  358-5  excess liability coverage from the pool;
  358-6              (2)  negotiate contracts for the pool;
  358-7              (3)  prepare premium rate schedules for the approval of
  358-8  the board;
  358-9              (4)  collect and compile statistical data relating to
 358-10  the excess liability coverage provided by the pool, including
 358-11  relevant loss, expense, and premium data, and make that information
 358-12  available to the board and to the public; and
 358-13              (5)  prepare and submit to the board for approval
 358-14  proposed policy forms for pool coverage.
 358-15        (f)  The pool manager may refuse to renew the coverage of any
 358-16  entity insured by the pool based on the guidelines provided by the
 358-17  plan of operation.
 358-18        Sec. 9.  Employees and other personnel.  (a)  The pool
 358-19  manager shall employ or contract with persons necessary to assist
 358-20  the board and pool manager in carrying out the powers and duties of
 358-21  the pool.
 358-22        (b)  The board shall approve compensation paid to employees
 358-23  of the pool and contracts made with other persons under this
 358-24  section.
 358-25        (c)  The board may require any employee or person with whom
 358-26  it contracts under this section to execute a bond in an amount
 358-27  determined by the board, payable to the board, and conditioned on
  359-1  the faithful performance of the employee's or person's duties or
  359-2  responsibilities to the pool.
  359-3        (d)  An employee or person with whom the pool has contracted
  359-4  under this section is not liable with respect to any claim or
  359-5  judgment for which coverage is provided by the pool or for any
  359-6  claim or judgment against any entity covered by the pool against
  359-7  whom a claim is made.
  359-8        Sec. 10.  Office.  (a)  A pool shall maintain its principal
  359-9  office in Austin, Texas.
 359-10        (b)  The records, files, and other documents and information
 359-11  relating to the pool must be maintained in the pool's principal
 359-12  office.
 359-13        Sec. 11.  Rules.  The board may adopt and amend rules to
 359-14  carry out this article.
 359-15        Sec. 12.  General powers and duties.  (a)  A pool shall:
 359-16              (1)  issue excess liability coverage to each entity
 359-17  entitled to coverage under this article;
 359-18              (2)  collect premiums for coverage issued or renewed by
 359-19  the pool;
 359-20              (3)  process and pay valid claims; and
 359-21              (4)  maintain detailed data regarding the pool.
 359-22        (b)  The pool may:
 359-23              (1)  enter into contracts;
 359-24              (2)  purchase reinsurance;
 359-25              (3)  cancel or refuse to renew coverage; and
 359-26              (4)  perform any other acts necessary to carry out this
 359-27  article, the plan of operation, and the rules adopted by the board.
  360-1        Sec. 13.  Excess liability fund.  (a)  On creation of a pool,
  360-2  the first board shall create an excess liability fund.
  360-3        (b)  The fund is composed of:
  360-4              (1)  premiums paid by entities for coverage by the
  360-5  pool;
  360-6              (2)  contributions and other money received by the pool
  360-7  to cover the initial expenses of the fund;
  360-8              (3)  investments and money earned from investments of
  360-9  the fund; and
 360-10              (4)  any other money received by the pool.
 360-11        (c)  The pool manager shall manage the fund under the general
 360-12  supervision of the board.
 360-13        (d)  Administrative expenses of the pool may be paid from the
 360-14  fund, but payments for this purpose during any fiscal year of the
 360-15  pool may not exceed the amount established by the board.
 360-16        (e)  Money in the fund may not be used to pay punitive
 360-17  damages, fines or penalties for violation of a civil or criminal
 360-18  statute, or fines or penalties imposed for violation of an
 360-19  administrative rule or regulation, or an order, rule, or ordinance.
 360-20        (f)  Money for a claim may not be paid from the fund under
 360-21  excess liability insurance coverage unless and until all benefits
 360-22  payable under any other underlying policy of liability insurance
 360-23  covering the claim or judgment are exhausted.
 360-24        (g)  The board may select one or more banks to serve as
 360-25  depository for money of the fund.  Before the pool manager deposits
 360-26  fund money in a depository bank in an amount that exceeds the
 360-27  maximum amount secured by the Federal Deposit Insurance
  361-1  Corporation, the bank must execute a bond or provide other security
  361-2  in an amount sufficient to secure from loss the fund money that
  361-3  exceeds the amount secured by the Federal Deposit Insurance
  361-4  Corporation.
  361-5        (h)  Each year as provided by the plan of operation, the
  361-6  board shall have an actuary who is a member of the American Academy
  361-7  of Actuaries audit the capital, surplus, and reserves of the pool
  361-8  and prepare for the pool and its members a formal report.
  361-9        Sec. 14.  Investments.  (a)  The fund manager, under the
 361-10  general supervision of the board, shall manage and invest the money
 361-11  in the fund in the manner provided by the plan of operation.
 361-12        (b)  Money earned by investment of money in the fund must be
 361-13  deposited in the fund or reinvested for the fund.
 361-14        Sec. 15.  Contributions.  The board shall determine the
 361-15  amount of any contributions necessary to meet initial expenses of
 361-16  the pool.  The board shall make this determination based on the
 361-17  data provided in the plan of operation.
 361-18        Sec. 16.  Premium rates; limits of coverage.  (a)  The board
 361-19  shall determine the rates for premiums that will be charged and the
 361-20  maximum limits of coverage provided to assure that the pool is
 361-21  actuarially sound.
 361-22        (b)  The pool manager shall prepare the statistical data and
 361-23  other information and the proposed rate schedules and maximum
 361-24  limits of coverage for consideration of the board.
 361-25        (c)  The board shall periodically reexamine the rate
 361-26  schedules and the maximum limits of coverage as conditions change.
 361-27        Sec. 17.  Coverage period.  (a)  On accepting coverage from
  362-1  the pool, an entity shall maintain that coverage for a period not
  362-2  less than 36 calendar months following the month the coverage is
  362-3  issued.
  362-4        (b)  An entity that voluntarily discontinues coverage in the
  362-5  pool may not again obtain coverage from the pool for at least 36
  362-6  calendar months following the month in which the coverage was
  362-7  discontinued.
  362-8        Sec. 18.  Coverage.  Excess liability coverage provided by
  362-9  the pool may be provided on a claims-made or an occurrence basis.
 362-10        Sec. 19.  Nonrenewal.  (a)  Except as provided by Subsection
 362-11  (b) of this section, the pool may refuse to renew the coverage of
 362-12  any entity that fails to comply with the pool's underwriting
 362-13  standards.
 362-14        (b)  The pool may not refuse to renew the coverage of an
 362-15  entity for the first 36 calendar months following the month in
 362-16  which the entity was first insured by the pool.
 362-17        (c)  Section 17(b) of this article does not apply to
 362-18  discontinuance of an entity's coverage if the pool refuses renewal
 362-19  under this section.  An entity whose coverage is not renewed is not
 362-20  eligible to apply for new coverage during the 12 calendar months
 362-21  beginning after the month in which the pool gave written notice
 362-22  that it would not renew the coverage.
 362-23        Sec. 20.  Shortage of available money.  (a)  If money in the
 362-24  fund will be exhausted by payment of all final and settled claims
 362-25  and final judgments during the fiscal year, the amount paid by the
 362-26  pool to each person having a claim or judgment shall be prorated,
 362-27  with each person receiving an amount that is equal to the
  363-1  percentage the amount owed to him by the pool bears to the total
  363-2  amount owed, outstanding, and payable by the pool.
  363-3        (b)  The remaining amount that is due and unpaid to a person
  363-4  who receives prorated payment under Subsection (a) of this section
  363-5  must be paid in the immediately following fiscal year.
  363-6        Sec. 21.  Commissions.  A pool may pay commissions from the
  363-7  fund on approval of the board.
  363-8        Sec. 22.  Application of other laws.  (a)  Except as provided
  363-9  by Subsection (b) of this section, the pool is not considered
 363-10  insurance under the Insurance Code and other laws of this state,
 363-11  and the State Board of Insurance has no jurisdiction over the pool.
 363-12        (b)  The pool shall collect the necessary data, information,
 363-13  and statements and shall file with the State Board of Insurance the
 363-14  reports and statements required by Articles 1.24A and 1.24B and is
 363-15  subject to 21.21 of this code.
 363-16        SECTION 20.04.  Section 5, Article 17.25, Insurance Code, is
 363-17  amended to read as follows:
 363-18        Sec. 5.  Policy Forms Prescribed.  Each county mutual
 363-19  insurance company shall be subject to the provisions of Article
 363-20  5.06 and <of> Article 5.35 <and of Article 5.36> of this Code.  The
 363-21  Board of Insurance Commissioners pursuant to Article 5.35 may in
 363-22  its discretion make, promulgate and establish uniform policies for
 363-23  county mutual insurance companies different from the uniform
 363-24  policies made, promulgated and established for use by companies
 363-25  other than county mutual insurance companies, and shall prescribe
 363-26  the conditions under which such policies may be adopted and used by
 363-27  county mutual insurance companies, and the conditions under which
  364-1  such companies shall adopt and use the same forms and no others as
  364-2  are prescribed for other companies.
  364-3        SECTION 20.05.  Article 8.24(i), Insurance Code, is amended
  364-4  to read as follows:
  364-5        (i)  The department shall have authority to suspend or revoke
  364-6  the certificate of authority of any insurance carrier authorized to
  364-7  do business in Texas under this Article, if the State Board of
  364-8  Insurance, after notice and opportunity for hearing, shall find
  364-9  that such carrier has systematically, with neglect and with willful
 364-10  disregard, failed to comply with its obligations derived from the
 364-11  contracts of insurance, and the laws applicable thereto, as
 364-12  contained in policies issued in the State of Texas.
 364-13        Any carrier aggrieved by an order of the State Board of
 364-14  Insurance hereunder shall be entitled to appeal therefrom pursuant
 364-15  to the provisions of Article 1.04 <1.04(f)> of this code <the
 364-16  Insurance Code>.
 364-17        SECTION 20.06.  Section 7, Article 21.28-A, Insurance Code,
 364-18  is amended to read as follows:
 364-19        Sec. 7.  Review and Stay of Action.  During the period of
 364-20  supervision and during the period of conservatorship, the insurance
 364-21  company may request the Commissioner of Insurance or in his
 364-22  absence, the duly appointed deputy for such purpose, to review an
 364-23  action taken or proposed to be taken by the supervisor or
 364-24  conservator, specifying wherein the action complained of is
 364-25  believed not to be in the best interests of the insurance company,
 364-26  and such request shall stay the action specified pending review of
 364-27  such action by the Commissioner or his duly appointed deputy.  Any
  365-1  order entered by the Commissioner appointing a supervisor and
  365-2  providing that the insurance company shall not do certain acts as
  365-3  provided in Section 4 of this Article, any order entered by the
  365-4  Commissioner appointing a conservator, and any order by the
  365-5  Commissioner following the review of an action of the supervisor or
  365-6  conservator as hereinabove provided may be appealed under Article
  365-7  1.04 of this code <shall be immediately reviewed by the State Board
  365-8  of Insurance upon the filing of an appeal by the insurance company.
  365-9  The Board shall review the action complained of in a public hearing
 365-10  and render its decision at the earliest possible date thereafter,
 365-11  and the requirement of ten (10) days notice set out in Article
 365-12  1.04(d) of this Code may be waived by the parties of record.  The
 365-13  Board may stay the effectiveness of any order of the Commissioner,
 365-14  pending its review of such order.  Such appeal shall have
 365-15  precedence over all other business of a different nature pending
 365-16  before the Board, and in the public hearing any and all evidence
 365-17  and matters pertaining to the appeal may be submitted to the Board,
 365-18  whether included in the appeal or not, and the Board shall make
 365-19  such other rules and regulations with regard to such applications
 365-20  and their consideration as it deems advisable.  If such insurance
 365-21  company be dissatisfied with any decision, regulation, order, rule,
 365-22  act or administrative ruling adopted by the State Board of
 365-23  Insurance, such dissatisfied insurance company after failing to get
 365-24  relief from the State Board of Insurance, may initiate an action by
 365-25  filing a petition setting forth the particular objection to such
 365-26  decision, regulation, order, rule, act or administrative ruling, or
 365-27  to either or all of them, in the District Court of Travis County,
  366-1  Texas, and not elsewhere, against the State Board of Insurance as
  366-2  defendant.  Notwithstanding any other statute or rule of procedure,
  366-3  the filing of a petition for the purpose of initiating such an
  366-4  action with respect to this article does not stay or vacate the
  366-5  decision, regulation, order, rule, act, or administrative ruling or
  366-6  either or all of them unless the court that acquires jurisdiction,
  366-7  after hearing and by order, specifically stays or vacates the
  366-8  decision, regulation, order, rule, act, or administrative ruling
  366-9  that is the subject of the action>.  The action shall not be
 366-10  limited to questions of law and the substantial evidence rule shall
 366-11  not apply, except as interpretation of the Constitution may
 366-12  require, but such action shall be tried and determined upon a trial
 366-13  de novo to the same extent as now provided for in the case of an
 366-14  appeal from the Justice Court to the County Court.  Either party to
 366-15  said action may appeal to the Appellate Court having jurisdiction
 366-16  of said cause and said appeal shall be at once returnable to said
 366-17  Appellate Court having jurisdiction of said cause and said action
 366-18  so appealed shall have precedence in said Appellate Court over all
 366-19  causes of a different character therein pending.  <The Board shall
 366-20  not be required to give any appeal bond in any cause arising
 366-21  hereunder.>
 366-22        SECTION 20.07.  Section 9, Article 21.49, Insurance Code, is
 366-23  amended to read as follows:
 366-24        Sec. 9.  Appeals.  Any person insured pursuant to this Act,
 366-25  or his duly authorized representative, or any affected insurer who
 366-26  may be aggrieved by an act, ruling or decision of the Association,
 366-27  may, within 30 days after such act, ruling or decision, appeal to
  367-1  the commissioner.  In the event the Association is aggrieved by the
  367-2  action of the commissioner with respect to any ruling, order, or
  367-3  determination of the commissioner, it may, within 30 days after
  367-4  such action, make a written request to the commissioner, for a
  367-5  hearing thereon.  The commissioner shall hear the Association, or
  367-6  the appeal from an act, ruling or decision of the Association,
  367-7  within 30 days after receipt of such request or appeal and shall
  367-8  give not less than 10 days' written notice of the time and place of
  367-9  hearing to the Association making such request or the person, or
 367-10  his duly authorized representative, appealing from the act, ruling
 367-11  or decision of the Association. A hearing on an act, ruling or
 367-12  decision of the Association relating to the payment of, the amount
 367-13  of, or the denial of a particular claim shall be held, at the
 367-14  request of the claimant, in either the county in which the covered
 367-15  property is located or Travis County.  Within 30 days after the
 367-16  hearing, the commissioner shall affirm, reverse or modify its
 367-17  previous action or the act, ruling or decision appealed to the
 367-18  commissioner.  Pending such hearing and decision thereon, the
 367-19  commissioner may suspend or postpone the effective date of its
 367-20  previous rule or of the act, ruling or decision appealed to the
 367-21  commissioner.  The Association, or the person aggrieved by any
 367-22  order or decision of the commissioner, may thereafter appeal to
 367-23  either a District Court of Travis County, Texas, or a District
 367-24  Court in the county in which the covered property is located.  An
 367-25  action brought under this section is subject to the procedures
 367-26  established under Article 1.04 <1.04(f)> of this code.
 367-27        SECTION 20.08.  Section 7(b), Article 21.49-3, Insurance
  368-1  Code, is amended to read as follows:
  368-2        (b)  In the event any person insured or applying for
  368-3  insurance is aggrieved by the final action of the board of
  368-4  directors of the association, the aggrieved party may, within 30
  368-5  days after such action, make a written request to the commissioner
  368-6  for a hearing thereon.  The commissioner shall hear the appeal from
  368-7  an act, ruling, or decision of the association, within 30 days
  368-8  after receipt of such request or appeal and shall give not less
  368-9  than 10 days' written notice of the time and place of hearing to
 368-10  the person, or his duly authorized representative, appealing from
 368-11  the act, ruling, or decision of the board of directors of the
 368-12  association.  Within 30 days after such hearing, the commissioner
 368-13  shall affirm, reverse, or modify the act, ruling, or decision
 368-14  appealed to the commissioner.  Pending such hearing and decision
 368-15  thereon, the commissioner may suspend or postpone the effective
 368-16  date of the rule or of the act, ruling, or decision appealed. The
 368-17  association, or the person aggrieved by any order or decision of
 368-18  the commissioner, may thereafter appeal in accordance with Article
 368-19  1.04 <1.04(f)> of this code.
 368-20                  ARTICLE 21.  CONSOLIDATION OF FUNDS
 368-21        SECTION 21.01.  The application of Sections 403.094 and
 368-22  403.095, Government Code, to a fund or the permissible uses of
 368-23  revenue or fund balances is not affected by this Act.
 368-24                ARTICLE 22.  EFFECTIVE DATE; EMERGENCY
 368-25        SECTION 22.01.  Except as otherwise provided by this Act,
 368-26  this Act takes effect September 1, 1993.
 368-27        SECTION 22.02.  The importance of this legislation and the
  369-1  crowded condition of the calendars in both houses create an
  369-2  emergency and an imperative public necessity that the
  369-3  constitutional rule requiring bills to be read on three several
  369-4  days in each house be suspended, and this rule is hereby suspended,
  369-5  and that this Act take effect and be in force according to its
  369-6  terms, and it is so enacted.