By Madden H.B. No. 202
74R397 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to continuing education requirements for certain insurance
1-3 professionals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Article 21.01-2, Insurance Code, is
1-6 amended by amending Subsection (f) and adding Subsection (g) to
1-7 read as follows:
1-8 (f) If a person is required to complete continuing education
1-9 under this code, another insurance law of this state, or a
1-10 department rule adopted under Article 9.58 of this code, the
1-11 department may not renew the person's license unless:
1-12 (1) the person has furnished proof satisfactory to the
1-13 department that the person has satisfied the continuing education
1-14 requirement; or
1-15 (2) the department has granted in accordance with this
1-16 code or another insurance law of this state an extension of time to
1-17 comply with the requirement.
1-18 (g) This section is not applicable to a license issued under
1-19 Article 21.07-6 of this code.
1-20 SECTION 2. Section E, Article 9.58, Insurance Code, is
1-21 amended to read as follows:
1-22 E. On written request of the licensee, the commissioner
1-23 <board> may extend the time for the licensee to comply with the
1-24 requirements of this article <or may exempt the licensee from some
2-1 or all of the requirements for a licensing period> if the
2-2 commissioner <board> finds that the licensee is unable to comply
2-3 with the requirements because of illness, medical disability, or
2-4 another extenuating circumstance beyond the control of the
2-5 licensee. The commissioner may not extend the time for a licensee
2-6 to comply with the requirements for an extenuating circumstance
2-7 beyond the control of the licensee, other than an illness or
2-8 medical disability, for a period that exceeds 90 days. The
2-9 commissioner may discipline a licensee under Section 5, Article
2-10 21.01-2, Insurance Code, if the licensee fails to comply with the
2-11 continuing education requirements within the period of an extension
2-12 granted under this section. The criteria for <such exemptions and>
2-13 extensions shall be established by rule.
2-14 SECTION 3. Section 3A(c), Chapter 213, Acts of the 54th
2-15 Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas
2-16 Insurance Code), is amended to read as follows:
2-17 (c) On written request of the agent, the commissioner
2-18 <board> may extend the time for the agent to comply with the
2-19 continuing education requirements of this section <or may exempt
2-20 the agent from some or all of the requirements for a licensing
2-21 period> if the commissioner <board> finds that the agent is unable
2-22 to comply with the requirements because of illness, medical
2-23 disability, or another extenuating circumstance beyond the control
2-24 of the agent. The commissioner may not extend the time for an
2-25 agent to comply with the requirements for an extenuating
2-26 circumstance beyond the control of the agent, other than an illness
2-27 or medical disability, for a period that exceeds 90 days. The
3-1 commissioner may discipline an agent under Section 5, Article
3-2 21.01-2, Insurance Code, if the agent fails to comply with the
3-3 continuing education requirements within the period of an extension
3-4 granted under this section. The criteria for <such exemptions and>
3-5 extensions shall be established by rule.
3-6 SECTION 4. Section 7A(c), Chapter 407, Acts of the 63rd
3-7 Legislature, Regular Session, 1973 (Article 21.07-4, Vernon's Texas
3-8 Insurance Code), is amended to read as follows:
3-9 (c) On written request of the adjuster, the commissioner
3-10 <board> may extend the time for the adjuster to comply with the
3-11 continuing education requirements of this section <or may exempt
3-12 the adjuster from some or all of the requirements for a licensing
3-13 period> if the commissioner <board> finds that the adjuster is
3-14 unable to comply with the requirements because of illness, medical
3-15 disability, or another extenuating circumstance beyond the control
3-16 of the adjuster. The commissioner may not extend the time for an
3-17 adjuster to comply with the requirements for an extenuating
3-18 circumstance beyond the control of the adjuster, other than an
3-19 illness or medical disability, for a period that exceeds 90 days.
3-20 The commissioner may discipline an adjuster under Section 5,
3-21 Article 21.01-2, Insurance Code, if the adjuster fails to comply
3-22 with the continuing education requirements within the period of an
3-23 extension granted under this section. The criteria for <such
3-24 exemptions and> extensions shall be established by rule.
3-25 SECTION 5. Section 5b(b), Article 21.14, Insurance Code, is
3-26 amended to read as follows:
3-27 (b) On written request of the agent, the commissioner <State
4-1 Board of Insurance> may extend the time for the agent to comply
4-2 with the continuing education requirements of this section <or may
4-3 exempt the agent from some or all of the requirements for a
4-4 licensing period> if the commissioner <board> finds that the agent
4-5 is unable to comply with the requirements because of illness,
4-6 medical disability, or another extenuating circumstance beyond the
4-7 control of the agent. The commissioner may not extend the time for
4-8 an agent to comply with the requirements for an extenuating
4-9 circumstance beyond the control of the agent, other than an illness
4-10 or medical disability, for a period that exceeds 90 days. The
4-11 commissioner may discipline an agent under Section 5, Article
4-12 21.01-2, Insurance Code, if the agent fails to comply with the
4-13 continuing education requirements within the period of an extension
4-14 granted under this section. The criteria for <such exemptions and>
4-15 extensions shall be established by rule.
4-16 SECTION 6. This Act takes effect September 1, 1995, and
4-17 applies only to a license renewal that occurs on or after January
4-18 1, 1996. Renewal of a license before January 1, 1996, is governed
4-19 by the law as it existed immediately before the effective date of
4-20 this Act, and that law is continued in effect for that purpose.
4-21 SECTION 7. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.