BILL ANALYSIS S.B. 1009 By: Brown (Shields) 05-08-95 Committee Report (Unamended) BACKGROUND Current sanctions relating to persons who act as a life insurance counselor or who violate life insurance counselor provisions in the Insurance Code are inconsistent with punishment ranges in the Penal Code. PURPOSE As proposed, S.B. 1009 provides sanctions for individuals who act as a life insurance counselor without a license or who violate provisions of the Insurance Code relating to life insurance counselors. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 7, Article 21.07-2, V.T.I.C., as follows: Sec. 7. (a) Provides that a person commits an offense if the person acts as a life insurance counselor without a license issued under this Act or violates this Act. Provides that each violation constitutes a separate offense and an offense under this subsection is a Class C misdemeanor. (b) Subjects a person who commits a violation under this Act to license revocation under Section 5, Article 21.01-2, V.T.I.C. Makes a license holder ineligible for a new license for two years after the effective date of the license revocation if the department revokes the license. Deletes existing Section 7 relating to punishment of an offense under this Act. SECTION 2. Makes application of this Act prospective. SECTION 3. Emergency clause. Effective date: 90 days after adjournment. SUMMARY OF COMMITTEE ACTION Pursuant to an announcement filed with the Journal Clerk and read by the Reading Clerk, in accordance with House Rules, the House Committee on Insurance met in a formal meeting on May 8, 1995 at desk #24 on the House Floor and was called to order by the Chair, Representative John Smithee. The Chair laid out S.B. 1009 and recognized Representative Shields to explain the bill. The Chair recognized Representative Averitt who moved the Committee report S.B. 1009 as engrossed to the full House with the recommendation that it do pass, be printed and be sent to the Committee on Local and Consent. Representative Driver seconded the motion and the motion prevailed by the following vote: AYES: (6); NAYES: (0); PNV: (0); ABSENT (3).