BILL ANALYSIS H.B. 2952 By: Patterson, L.P. (Cain) Economic Development 05-24-95 Senate Committee Report (Unamended) BACKGROUND Current law provides that the commissioner of insurance is the lawful attorney for service of a person or insurer who engages in the unauthorized business of insurance. If the commissioner of insurance discharged the duty of forwarding the citation to the person or insurer, the plaintiff must make that discharge part of the record in the trial court. If the plaintiff fails to take the necessary measures to assure proof of delivery by the commissioner, any judgment rendered against the person or insurer who does not otherwise appear in the suit is void. PURPOSE As proposed, H.B. 2952 requires the commissioner of insurance, upon receiving the return receipt, to issue a certificate showing the service and proof of delivery by a return receipt for certified or registered mail to the plaintiff and clerk of the court or agency where the case is pending. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 3(f), Article 1.36, Insurance Code, as follows: (f)(1) Requires the commissioner of insurance, upon receiving the return receipt, to issue a certificate showing the service and proof of delivery by a return receipt for certified or registered mail to the plaintiff and clerk of the court or agency where the case is pending. (2) Created from existing text. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause.