1-1 By: Brown S.B. No. 1009
1-2 (In the Senate - Filed March 8, 1995; March 9, 1995, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 28, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 10, Nays 0; April 28, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Patterson
1-7 Amend S.B. No. 1009 as follows:
1-8 In SECTION 1, proposed Section 7 (a) strike the letter, "B"
1-9 and replace it with the letter, "C".
1-10 A BILL TO BE ENTITLED
1-11 AN ACT
1-12 relating to the sanctions for acting as a life insurance counselor
1-13 without a license or violating certain laws applicable to life
1-14 insurance counselors; providing a criminal penalty.
1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16 SECTION 1. Section 7, Chapter 29, Acts of the 54th
1-17 Legislature, 1955 (Article 21.07-2, Vernon's Texas Insurance Code),
1-18 is amended to read as follows:
1-19 Sec. 7. (a) A person commits an offense if the person acts
1-20 as a life insurance counselor without a license issued under this
1-21 Act or otherwise violates this Act. Each violation constitutes a
1-22 separate offense. An offense under this subsection is a Class B
1-23 misdemeanor.
1-24 (b) In addition to being subject to the penalty imposed
1-25 under Subsection (a) of this section, a person who commits a
1-26 violation of this Act is subject to license revocation under
1-27 Section 5, Article 21.01-2, Insurance Code. If the department
1-28 revokes the license, the license holder is not eligible for a new
1-29 license for two years after the effective date of the license
1-30 revocation. <Any person who shall act as a Life Insurance
1-31 Counselor, as defined herein, without having first obtained a
1-32 license as herein provided, or who violates any of the provisions
1-33 of this Act shall be guilty of a misdemeanor and, upon conviction,
1-34 shall be fined not more than Five Hundred Dollars ($500), or
1-35 imprisoned not more than six months, or both, each such violation
1-36 being a separate offense hereunder. In addition, if such offender
1-37 holds a license hereunder, such license shall automatically expire
1-38 upon such conviction and the offender shall be barred from license
1-39 for a period of at least two (2) years.>
1-40 SECTION 2. (a) Section 7, Chapter 29, Acts of the 54th
1-41 Legislature, 1955 (Article 21.07-2, Vernon's Texas Insurance Code),
1-42 as amended by Section 1 of this Act, applies only to an offense
1-43 committed on or after the effective date of this Act. For purposes
1-44 of this section, an offense is committed before the effective date
1-45 of this Act if any element of the offense occurs before that date.
1-46 (b) An offense committed before the effective date of this
1-47 Act is governed by the law in effect when the offense was
1-48 committed, and the former law is continued in effect for that
1-49 purpose.
1-50 SECTION 3. The importance of this legislation and the
1-51 crowded condition of the calendars in both houses create an
1-52 emergency and an imperative public necessity that the
1-53 constitutional rule requiring bills to be read on three several
1-54 days in each house be suspended, and this rule is hereby suspended.
1-55 * * * * *