By Hunter of Nueces                                   H.B. No. 1605
          Substitute the following for H.B. No. 1605:
          By Duncan, Averitt                                C.S.H.B. No. 1605
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the licensing of insurance agents.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 1A, Article 21.07, Insurance Code, is
    1-5  amended to read as follows:
    1-6        Sec. 1A.  In this Article<,> "person" means an individual or
    1-7  a general partnership composed of two or more individuals or a
    1-8  limited liability partnership registered with the Secretary of
    1-9  State of Texas under Section 3.08, Article 6132b, the Texas Revised
   1-10  Partnership Act.  The term "partnership" or "agency partnership" as
   1-11  used in this Article means a general partnership or a registered
   1-12  limited liability partnership.
   1-13        SECTION 2.  Article 21.07, Insurance Code, is amended by
   1-14  adding a new Section 1B to read as follows:
   1-15        Sec. 1B.  In this Article the term "corporation" shall mean a
   1-16  corporation organized under the Texas Business Corporation Act or a
   1-17  Texas domiciled limited liability company organized or existing
   1-18  under the Texas Limited Liability Company Act, Article 1528n,
   1-19  Vernon's Texas Civil Statutes, having its principal place of
   1-20  business in this state and having as one of its purposes the
   1-21  authority to act as an insurance agent.  Each officer, manager and
   1-22  member of a limited liability company must be licensed under this
   1-23  Article.  The licensing and regulation of a limited liability
    2-1  company shall be subject to the same provisions and requirements of
    2-2  this Article that are applicable to corporations licensed under
    2-3  this Article.
    2-4        SECTION 3.  Section 1A, Article 21.07-1, Insurance Code, is
    2-5  amended to read as follows:
    2-6        Sec. 1A.  In this  Article <Act,> "person" means an
    2-7  individual or a general partnership composed of two or more
    2-8  individuals or a limited liability partnership registered with the
    2-9  Secretary of State of Texas under Section 3.08, Article 6132b, the
   2-10  Texas Revised Partnership Act.  The term "partnership" or "agency
   2-11  partnership" as used in this Article means a general partnership or
   2-12  a registered limited liability partnership.
   2-13        SECTION 4.  A new Section 1B is added to Article 21.07-1,
   2-14  Insurance Code, to read as follows:
   2-15        Sec. 1B.  In this Article the term "corporation" shall mean a
   2-16  corporation organized under the Texas Business Corporation Act or a
   2-17  Texas domiciled limited liability company organized or existing
   2-18  under the Texas Limited Liability Company Act, Article 1528n,
   2-19  Vernon's Texas Civil Statutes, having its principal place of
   2-20  business in this state and having as one of its purposes the
   2-21  authority to act as an insurance agent.  Each officer, manager and
   2-22  member of a limited liability company must be licensed under this
   2-23  Article.  The licensing and regulation of a limited liability
   2-24  company shall be subject to the same provisions and requirements of
   2-25  this Article that are applicable to corporations licensed under
    3-1  this Article.
    3-2        SECTION 5.  Section 4, Article 21.07-3, Insurance Code, is
    3-3  amended by amending subsections (c) and (d) and adding new
    3-4  subsection (j) to read as follows:
    3-5        Sec. 4.  (a)  Each applicant for license shall be a resident
    3-6  of  Texas and file a written sworn application on forms furnished
    3-7  by the Commissioner.  The applicant shall include in the
    3-8  application the names and addresses of the applicant's officers,
    3-9  directors, shareholders, or partners, if applicable, and
   3-10  affiliates.
   3-11        (b)  The Commissioner shall issue a license to an individual
   3-12  applicant upon successful completion of the examination and
   3-13  compliance with the other requirements of this Act.
   3-14        (c)  The Commissioner shall issue a license to a general
   3-15  partnership, or to a limited liability partnership registered with
   3-16  the Secretary of State of Texas under Section 3.08, Article 6132b,
   3-17  the Texas Revised Partnership Act, engaging in the business of
   3-18  insurance if each of the partners is licensed as an agent under
   3-19  this Act.  The term "partnership" or "agency partnership" as used
   3-20  in this Article means a general partnership or a registered limited
   3-21  liability partnership.
   3-22        (d)  The Commissioner shall issue a license to a corporation
   3-23  on finding:
   3-24              (1)  that the corporation is a Texas corporation
   3-25  <organized or existing under the Texas Business Corporation Act>
    4-1  having its principal place of business in the State of Texas and
    4-2  having as one of its purposes the authority to act as a managing
    4-3  general agent; and
    4-4              (2)  that every officer, director, and shareholder of
    4-5  the corporation is individually licensed as a managing general
    4-6  agent under the provisions of this Insurance Code; provided,
    4-7  however, that in the event ownership of the shares of such
    4-8  corporation is acquired through devise or descent by an unlicensed
    4-9  shareholder, the corporation shall still be entitled to a license
   4-10  if such unlicensed shareholder qualifies as a licensed managing
   4-11  general agent or disposes of the shares to a licensed managing
   4-12  general agent within 90 days after the date of such stock
   4-13  acquisition.  If an unlicensed person acquires shares in such a
   4-14  corporation and does not qualify to be licensed as a managing
   4-15  general agent and the person does not dispose of the shares within
   4-16  the 90-day period to a licensed managing general agent, the shares
   4-17  must be purchased by the corporation for the value of the shares of
   4-18  stock as reflected by the regular books and records of the
   4-19  corporation on the date of the acquisition of the shares by the
   4-20  unlicensed person.  If the corporation fails or refuses to purchase
   4-21  the shares, the corporation's license shall be cancelled.
   4-22        (e)  A corporation may redeem the shares of any shareholder
   4-23  or the shares of a deceased shareholder, on terms agreed on by the
   4-24  board of directors and the shareholder or the shareholder's
   4-25  personal representative or at a price and on terms provided in the
    5-1  articles of incorporation, the bylaws, or an existing contract
    5-2  entered into between the shareholders of the corporation.
    5-3        (f)  Nothing contained herein shall be construed to permit
    5-4  any unlicensed shareholder or any employee or agent of any
    5-5  corporation licensed as a managing general agent to perform any act
    5-6  of a managing general agent without obtaining a managing general
    5-7  agent's license.
    5-8        (g)  If at any time, any person holding a managing general
    5-9  agent's license does not maintain the qualifications necessary to
   5-10  obtain a license, the license of such person to act as a managing
   5-11  general agent shall be cancelled or denied in accordance with the
   5-12  other provisions of this Act.
   5-13        (h)  Nothing in this section shall prevent any shareholder
   5-14  from selling or otherwise transferring stock in any corporation to
   5-15  a company or managing general agent licensed to do business in
   5-16  Texas, nor prevent any such company or managing general agent from
   5-17  owning all or any portion of the stock of such corporation.
   5-18        (i)  Each corporation licensed as a managing general agent
   5-19  shall notify the Commissioner of any change in its officers,
   5-20  directors, or shareholders not later than the 30th day after the
   5-21  date on which the change takes effect.
   5-22        (j)  In this Article the term "corporation" shall mean a
   5-23  corporation organized under the Texas Business Corporation Act or a
   5-24  Texas domiciled limited liability company organized or existing
   5-25  under the Texas Limited Liability Company Act, Article 1528n,
    6-1  Vernon's Texas Civil Statutes, having its principal place of
    6-2  business in this state and having as one of its purposes the
    6-3  authority to act as a managing general insurance agent.  Each
    6-4  officer, manager and member of a limited liability company must be
    6-5  licensed under this Article.  The licensing and regulation of a
    6-6  limited liability company shall be subject to the same provisions
    6-7  and requirements of this Article that are applicable to
    6-8  corporations licensed under this Article.
    6-9        SECTION 6.  Section 3, Article 21.14, Insurance Code, is
   6-10  amended by amending subsections (a), (b) and (c) and adding two new
   6-11  subsections (d) and (e).
   6-12        Sec. 3.  (a)  When any person, partnership, or registered
   6-13  limited liability partnership, limited liability company or
   6-14  corporation shall desire to engage in business as a local recording
   6-15  agent for an insurance company, or insurance carrier, he or it
   6-16  shall make application for a license to the  Texas Department
   6-17  <State Board> of Insurance, in such form as the  Department <Board>
   6-18  may require.  Such application shall bear a signed endorsement by a
   6-19  general, state or special agent of a qualified insurance company,
   6-20  or insurance carrier that applicant or each member of the
   6-21  partnership or each stockholder of the corporation or each member
   6-22  of the limited liability company is a resident of this state.
   6-23        (b)  The Department <Board> shall issue a license to an
   6-24  individual or a general partnership or a limited liability
   6-25  partnership registered with the Secretary of State of Texas under
    7-1  Section 3.08, Article 6132b, the Texas Revised Partnership Act,
    7-2  engaging in the business of insurance.  The  Department <Board> may
    7-3  not issue a license to a <general> partnership if an inactive
    7-4  partner who is not subject to Section 3a of this article has an
    7-5  interest in the partnership principally to have written and be
    7-6  compensated therefor for insurance on property controlled through
    7-7  ownership, mortgage or sale, family relationship, or employment;
    7-8  and provided further, that all licensed agents must be residents of
    7-9  Texas.  Provided, that a person who resides in a town through which
   7-10  the state line runs and whose residence is in the town in the
   7-11  adjoining state may be licensed, if the person's business office is
   7-12  being maintained in this state.   All persons acting as agent or
   7-13  solicitor for health and accident insurance within the provisions
   7-14  hereof, and who represent only fire and casualty companies, and not
   7-15  life insurance companies, shall be required to procure only one
   7-16  license, and such license as is required under the provisions of
   7-17  this article.
   7-18        (c)  The Department  <Board> shall issue a license to a
   7-19  corporation if the  Department <Board> finds:
   7-20              (1)  That the corporation is a Texas corporation
   7-21  organized or existing under the Texas Business Corporation Act or
   7-22  the Texas Professional Corporation Act having its principal place
   7-23  of business in the State of Texas and having as one of its purposes
   7-24  the authority to act as a local recording agent; and
   7-25              (2)  That every officer, director and shareholder of
    8-1  the corporation is individually licensed as a local recording agent
    8-2  under the provisions of this Insurance Code, except as may be
    8-3  otherwise permitted by this Section or Section 3a of this article,
    8-4  or that every officer and director of the corporation is
    8-5  individually licensed as a local recording agent under this
    8-6  Insurance Code, that the corporation is a wholly owned subsidiary
    8-7  of a parent corporation that is licensed as a local recording agent
    8-8  under this Insurance Code, and that every shareholder of the parent
    8-9  corporation is individually licensed as a local recording agent
   8-10  under this Insurance Code, and except as specifically provided by
   8-11  this article, that no shareholder of the corporation is a corporate
   8-12  entity; and
   8-13              (3)  That such corporation will have the ability to pay
   8-14  any sums up to $25,000 which it might become legally obligated to
   8-15  pay on account of any claim made against it by any customer and
   8-16  caused by any negligent act, error or omission of the corporation
   8-17  or any person for whose acts the corporation is legally liable in
   8-18  the conduct of its business as a local recording agent.  The term
   8-19  "customer" as used herein shall mean any person, firm or
   8-20  corporation to whom such corporation sells or attempts to sell a
   8-21  policy of insurance, or from whom such corporation accepts an
   8-22  application for insurance.  Such ability shall be proven in one of
   8-23  the following ways:
   8-24                    (A)  An errors and omissions policy insuring such
   8-25  corporation against errors and omissions, in at least the sum of
    9-1  $100,000 with no more than a $10,000 deductible feature or the sum
    9-2  of at least $300,000 with no more than a $25,000 deductible
    9-3  feature, issued by an insurance company licensed to do business in
    9-4  the State of Texas or, if a policy cannot be obtained from a
    9-5  company licensed to do business in Texas, a policy issued by a
    9-6  company not licensed to do business in Texas, on filing an
    9-7  affidavit with the  Texas Department <State Board> of Insurance
    9-8  stating the inability to obtain coverage and receiving the
    9-9  Department's <Board's> approval; or
   9-10                    (B)  A bond executed by such corporation as
   9-11  principal and a surety company authorized to do business in this
   9-12  state, as surety, in the principal sum of $25,000, payable to the
   9-13  Texas Department <State Board> of Insurance for the use and benefit
   9-14  of customers of such corporation, conditioned that such corporation
   9-15  shall pay any final judgment recovered against it by any customer;
   9-16  or
   9-17                    (C)  A deposit of cash or securities of the class
   9-18  authorized by Articles 2.08 and 2.10 of this Code, having a fair
   9-19  market value of $25,000 with the State Treasurer.  The State
   9-20  Treasurer is hereby authorized and directed to accept and receive
   9-21  such deposit and hold it exclusively for the protection of any
   9-22  customer of such corporation recovering a final judgment against
   9-23  such corporation.  Such deposit may be withdrawn only upon filing
   9-24  with the Department <Board> evidence satisfactory to it that the
   9-25  corporation has withdrawn from business, and has no unsecured
   10-1  liabilities outstanding, or that such corporation has provided for
   10-2  the protection of its customers by furnishing an errors and
   10-3  omissions policy or a bond as hereinbefore provided.  Securities so
   10-4  deposited may be exchanged from time to time for other qualified
   10-5  securities.
   10-6                    A binding commitment to issue such a policy or
   10-7  bond, or the tender of such securities, shall be sufficient in
   10-8  connection with any application for license.
   10-9                    Nothing contained herein shall be construed to
  10-10  permit any unlicensed employee or agent of any corporation to
  10-11  perform any act of a local recording agent without obtaining a
  10-12  local recording agent's license.  The  Department <Board> shall not
  10-13  require a corporation to take the examination provided in Section 6
  10-14  of this Article 21.14.
  10-15                    If at an time, any corporation holding a local
  10-16  recording agent's license does not maintain the qualifications
  10-17  necessary to obtain a license, the license of such corporation to
  10-18  act as a local recording agent shall be cancelled or denied in
  10-19  accordance with the provisions of Sections 16, 17 and 18 of this
  10-20  Article 21.14; provided, however, that should any person who is not
  10-21  a licensed local recording agent acquire shares in such a
  10-22  corporation by devise or descent, they shall have a period of 90
  10-23  days from date of acquisition within which to obtain a license as a
  10-24  local recording agent or to dispose of the shares to a licensed
  10-25  local recording agent except as may be permitted by Section 3a of
   11-1  this article.
   11-2                    Should such an unlicensed person, except as may
   11-3  be permitted by Section 3a of this article, acquire shares in such
   11-4  a corporation and not dispose of them within said period of 90 days
   11-5  to a licensed local recording agent, then they must be purchased by
   11-6  the corporation for their book value, that is, the value of said
   11-7  shares of stock as reflected by the regular books and records of
   11-8  said corporation, as of the date of the acquisition of said shares
   11-9  by said unlicensed person.  Should the corporation fail or refuse
  11-10  to so purchase such shares, its license shall be cancelled.
  11-11                    Any such corporation shall have the power to
  11-12  redeem the shares of any shareholder, or the shares of a deceased
  11-13  shareholder, upon such terms as may be agreed upon by the Board of
  11-14  Directors and such shareholder or his personal representative, or
  11-15  at such price and upon such terms as may be provided in the
  11-16  Articles of Incorporation, the Bylaws, or an existing contract
  11-17  entered into between the shareholders of the corporation.
  11-18                    Each corporation licensed as a local recording
  11-19  agent shall file, under oath, a list of the names and addresses of
  11-20  all of its officers, directors and shareholders with its
  11-21  application for renewal license.
  11-22                    Each corporation licensed as a local recording
  11-23  agent shall notify the Texas Department <State Board> of Insurance
  11-24  upon any change in its officers, directors or shareholders not
  11-25  later than the 30th day after the date on which the change became
   12-1  effective.
   12-2                    The term "firm" as it applies to local recording
   12-3  agents in Sections 2, 12 and 16 of this Article 21.14 shall be
   12-4  construed to include corporations.
   12-5        (d)  The term "partnership" or "agency partnership" as used
   12-6  in this Article means a general partnership or a registered limited
   12-7  liability partnership domiciled in Texas.
   12-8        (e)  In this Article the terms "corporation" or
   12-9  "corporations" shall mean a corporation organized under the Texas
  12-10  Business Corporation Act, the Texas Professional Corporation Act or
  12-11  a Texas domiciled limited liability company organized or existing
  12-12  under the Texas Limited Liability Company Act, Article 1528n,
  12-13  Vernon's Texas Civil Statutes, having its principal place of
  12-14  business in this state and having as one of its purposes the
  12-15  authority to act as an insurance agent.  Each officer, manager and
  12-16  member of a limited liability company must be licensed under this
  12-17  Article.  The licensing and regulation of a limited liability
  12-18  company shall be subject to the same provisions and requirements of
  12-19  this Article that are applicable to corporations licensed under
  12-20  this Article.
  12-21        SECTION 7.  Section 4(b), Article 1.14-2, Insurance Code, is
  12-22  amended to read as follows:
  12-23        (b)  The Texas Department <State Board> of Insurance may
  12-24  issue a surplus lines license to an agent as defined by Subdivision
  12-25  (1) of Subsection (a) of Section 2 of this article after the agent
   13-1  has:
   13-2              (1)  remitted the annual fee set by the Texas
   13-3  Department <State Board> of Insurance in an amount not to exceed
   13-4  $50;
   13-5              (2)  submitted a completed license application on a
   13-6  form approved by the Texas Department <State Board> of Insurance;
   13-7  and
   13-8              (3)  passed a qualifying examination approved by the
   13-9  Texas Department <State Board> of Insurance.  If the agent is a
  13-10  general partnership or a registered limited liability partnership,
  13-11  this examination must be met by each natural person acting as a
  13-12  partner in that partnership.  If the agent is a corporation, this
  13-13  examination requirement must be met by each natural person acting
  13-14  as an officer, director, or shareholder of that corporation.  If
  13-15  the agent is a limited liability company, this examination
  13-16  requirement must be met by each natural person acting as an
  13-17  officer, manager and member of that limited liability company.
  13-18        SECTION 8.  The importance of this legislation and the
  13-19  crowded condition of the calendars in both houses create an
  13-20  emergency and an imperative public necessity that the
  13-21  constitutional rule requiring bills to be read on three several
  13-22  days in each house be suspended, and this rule is hereby suspended,
  13-23  and that this Act take effect and be in force from and after its
  13-24  passage, and it is so enacted.