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