SRC-JFA S.B. 1129 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1129
By: Madla
Economic Development
4-21-97
As Filed


DIGEST 

Currently, the Insurance Code does not contain provisions regarding the
termination of an insurance agent by an insurer without cause.  The
termination of the agent may be based on the geographic location of the
agent or the result of loss experience by customers, even though the agent
complied with the insurer's underwriting guidelines.  This bill would
prohibit the termination of a contract of an agent except for certain
cases; would require insurers to establish a termination review process;
and would require the commissioner of insurance to appoint a review board
to review proposed terminations.   

PURPOSE

As proposed, S.B. 1129 prohibits the termination of an insurance agent by
an insurer except for certain causes; requires insurers to establish a
termination review process; and requires the commissioner of insurance to
appoint a review board to review proposed terminations.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of insurance in
SECTION 1 (Sections 5(c), 8(a), 13, and 14, Article 21.14A, Insurance
Code) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 21A, Insurance Code, by adding Article 21.14A,
as follows:  

Art. 21.14A.  PROCEDURES AND REVIEW ON TERMINATION OF CONTRACT WITH LOCAL
RECORDING AGENT OR SOLICITOR 

Sec. 1.  DEFINITIONS.  Defines "agent," "geographic management territory,"
and "review board."    

Sec. 2.  TERMINATION FOR CAUSE.  Authorizes an insurer to terminate a
contractual agreement with an agent for certain conditions.  Provides that
the termination by an insurer of a contractual agreement with an agent for
a cause described by Subsection (a) of this section is not a wrongful or
unjustified termination for purposes of this article.  

Sec. 3.  PROHIBITED GROUNDS FOR TERMINATION.  Prohibits an insurer from
canceling or terminating a contractual agreement with an agent or reducing
or restricting an agent's authority to conduct business under the contract
for certain conditions.  Prohibits an insurer from  committing certain
acts in a manner designed to impact a selected agent or the business
produced by that agent in order to avoid the prohibition provided by
Subsection (a). Authorizes the termination by an insurer of a contractual
agreement with an agent in violation of Subsection (a) to be a wrongful or
unjustified termination for purposes of this article.   

Sec. 4.  MANDATORY REVIEW BY INSURER.  Requires each insurer who enters
into a contractual agreement with an agent to use the services of the
agent to establish a termination review process in accordance with this
section for an agent involuntarily terminated by the insurer.  Requires
the insurer to do certain acts before terminating an agent's contractual
agreement.  Requires the insurer to notify the agent in writing of the
reasons for the proposed termination by a certain date.  Authorizes the
agent in writing to decline a review under this section.  Requires the
insurer to provide a copy of the declination to the commissioner of
insurance (commissioner).  Authorizes the insurer and the agent by mutual
agreement to terminate a review conducted under this section at any time.
Requires the insurer to notify the commissioner in writing of the
termination of a review under this subsection.  Requires a review by an
insurer to be conducted by a certain date.   

Sec. 5.  REVIEW BOARD.  Requires a review board to conduct a review of a
proposed termination of a contractual agreement with an agent to be
established as provided by this section.  Sets forth the composition of
the review board.  Require the commissioner, by rule, if the appointment
system is impractical for a particular county, to determine the manner in
which the individuals are selected for a list for that county.  Requires
the commissioner, in compiling the list of prospective review board
members, to ensure that the individuals are impartial.  Requires the
commissioner, if it is determined that an individual on the list has a
conflict of interest with respect to the matter subject to review, to
strike that individual from the list and substitute another.  Requires the
expenses of the review board to be shared equally by the agent and the
insurer. 

Sec. 6.  NOTICE; HEARING.  Authorizes an agent whose contractual agreement
with an insurer is proposed to be involuntarily terminated  to request
that the commissioner set a hearing before a review board.  Requires the
commissioner to set a date on receipt of a request for a hearing by an
agent.  Requires the hearing to be conducted by a certain date. Requires
the commissioner to notify the agent and the insurer of the date, time,
and place of the hearing.  Requires the members of the review board to
select one member as a moderator. Requires the moderator to convene and
adjourn the proceedings of the review board. Requires the review board to
provide the parties to the hearing with an opportunity to present evidence
and arguments in support of their respective positions.  Provides that the
insurer and the agent are immune from civil liability for a disclosure
made at the hearing.  Provides that this immunity does not apply to a
disclosure made in bad faith or with knowledge of the disclosure's
falseness.   

Sec. 7.  REVIEW BOARD DETERMINATION.  Requires the review board, on
completion of the hearing, to determine if the termination of the agent's
agreement is wrongful or unjustified and to report its findings in writing
to the agent, the insurer, and the commissioner.   

Sec. 8.  AWARD TO AGENT.  Requires the commissioner, by order, under
certain conditions, to award the agent certain monetary awards.  Entitles
an exclusive agent to receive, in addition to the amount received under
Subsection (a), any benefits that the agent would have received if the
agent had voluntarily terminated the contractual agreement. Prohibits the
amount awarded under Subsections (a) and (b) from being less than the
amount the agent was owed by the insurer under the contractual agreement
of the day before the date of the termination.   
Sec. 9.  EMPLOYMENT BY OTHER INSURER.  Authorizes the agent, if an agent's
contractual agreement was terminated by an insurer and that agent was
serving under an exclusive or captive agent agreement with the insurer, to
accept an appointment to act as agent for another insurer if the agent
notifies the commissioner and the insurer in writing that the agent
desires to do so.  Provides that acceptance of an appointment under this
section does not affect an order of the commissioner issued under this
article. 

Sec. 10.  APPEAL.  Authorizes an order of the commissioner to be appealed
to a court of competent jurisdiction by either party for a trial de novo.
Requires an appeal under this section to be brought in a county in which
the agent conducted business as an agent for the affected insurer.
Entitles the agent, if the insurer brings an appeal in which the agent is
the prevailing party, to attorney's fees and court costs.   

Sec. 11.  DETERMINATION FOR INSURER.  Requires the agent to deliver to the
insurer certain items in the possession of the agent that belong to the
insurer by a certain date and  under certain conditions.   

Sec. 12.  ADMINISTRATIVE PENALTY.  Provides that an insurer or agent that
violates an order of the commissioner under this article or that attempts
to coerce or intimidate a member of the review board violates this article
and is subject to an administrative penalty under Article 1.10E of this
code.  Authorizes the review board to recommend that the commissioner
impose an administrative penalty under this article.   

Sec. 13.  DEPARTMENT ADMINISTRATIVE COSTS.  Requires the commissioner, by
rule, to set a fee in an amount reasonable and necessary to cover the
costs incurred by the Department of Insurance in administering this
article.  Prohibits the fee from exceeding $10 and requires the fee to be
collected from each local recording agent and solicitor who holds a local
recording agent license or solicitor license under Article 21.14 of this
code.  Requires the fee imposed under this section to be collected at the
same time and in the same manner as the license fees imposed under Article
21.14 of this code.   

Sec. 14.  RULES.  Authorizes the commissioner to adopt rules as necessary
to implement this article.   

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.