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.