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.
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