1-1                                   AN ACT

 1-2     relating to the licensing of agents for health maintenance

 1-3     organizations.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 1,  Chapter 213, Acts of the 54th

 1-6     Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas

 1-7     Insurance Code), is amended to read as follows:

 1-8           Sec. 1.  [LEGAL RESERVE LIFE INSURANCE] AGENT DEFINED.  (a)

 1-9     This Act shall be known as The Texas Agents Qualification and

1-10     License Law for Agents of Legal Reserve Life Insurance Companies

1-11     authorized to do business in Texas.  It repeals the provisions of

1-12     Article 21.07 of the Texas Insurance Code, 1951, to the extent only

1-13     as applicable to such agents.  This Act has no application to

1-14     agents for local mutual aid associations, or for statewide mutual

1-15     associations or, except as provided by Subsection (a-1)  of this

1-16     section, for any type or kind of insurance organization other than

1-17     legal reserve life insurance companies, and existing statutes,

1-18     including Article 21.07 of the Texas Insurance Code, 1951,

1-19     applicable to such agents, other than agents of legal reserve life

1-20     insurance companies, shall remain in full force and effect.

1-21           (a-1)  Unless a person or legal entity is licensed under this

1-22     Act, the person or entity may not:

1-23                 (1)  represent a health maintenance organization,

1-24     including a health maintenance organization offering only a single

 2-1     health care service plan, in the solicitation, negotiation,

 2-2     procurement, or effectuation of health maintenance organization

 2-3     membership; or

 2-4                 (2)  be held out as representing a health maintenance

 2-5     organization for a purpose described by Subdivision (1) of this

 2-6     subsection.

 2-7           (b)  The term "[life insurance] agent" for the purpose of

 2-8     this Act means any person or corporation that is an authorized

 2-9     agent of a legal reserve life insurance company or health

2-10     maintenance organization, and any person who is a sub-agent of such

2-11     agent, who acts as such in the solicitation of, negotiation for, or

2-12     procurement of, or collection of premiums on, an insurance or

2-13     annuity contract with a legal reserve life insurance company or who

2-14     acts as described by Subsection (a-1) of this section.  The [;

2-15     except that the] term "[life insurance] agent" shall not include:

2-16                 (1)  any regular salaried officer or employee of a

2-17     legal reserve life insurance company, or of a licensed life

2-18     insurance agent, who devotes substantially all of the officer's or

2-19     employee's [his or her] time to activities other than the

2-20     solicitation of applications for insurance or annuity contracts and

2-21     receives no commission or other compensation directly dependent

2-22     upon the business obtained, and who does not solicit or accept from

2-23     the public applications for insurance or annuity contracts;

2-24                 (1-A)  any regular salaried officer or employee of a

2-25     health maintenance organization or of a licensed health maintenance

2-26     organization agent, who devotes substantially all of the officer's

2-27     or employee's time to activities other than the solicitation of

 3-1     applications for health maintenance organization membership and

 3-2     receives no commission or other compensation directly dependent

 3-3     upon the business obtained and who does not solicit or accept from

 3-4     the public applications for health maintenance organization

 3-5     membership;

 3-6                 (2)  employers or their officers or employees, or the

 3-7     trustees of any employee benefit plan, to the extent that such

 3-8     employers, officers, employees or trustees are engaged in the

 3-9     administration or operation of any program of employee benefits

3-10     involving the use of insurance or annuities issued by a legal

3-11     reserve life insurance company or memberships issued by a health

3-12     maintenance organization, provided that such employers, officers,

3-13     employees or trustees are not in any manner compensated, directly

3-14     or indirectly, by the legal reserve life insurance company or

3-15     health maintenance organization issuing the [such] insurance or

3-16     annuity contracts or memberships;

3-17                 (3)  banks, savings and loan associations, or credit

3-18     unions, or the officers and employees of banks, savings and loan

3-19     associations, or credit unions, to the extent that such banks,

3-20     savings and loan associations, credit unions, or officers and

3-21     employees collect and remit premiums or charges by charging same

3-22     against accounts of depositors on the orders of such depositors;

3-23                 (4)  a ticket-selling agent of a public carrier with

3-24     respect to accident life insurance tickets covering risks of

3-25     travel;

3-26                 (5)  an agent selling credit life, health and accident

3-27     insurance issued exclusively in connection with credit

 4-1     transactions, or acting as agent or solicitor for health and

 4-2     accident insurance under license issued pursuant to the provisions

 4-3     of Article 21.14 of the Texas Insurance Code; or

 4-4                 (6)  a person or the employee of a person who has

 4-5     contracted to provide administrative, management, or health care

 4-6     services to a health maintenance organization and who is

 4-7     compensated for those services by the payment of an amount

 4-8     calculated as a percentage of the revenues, net income, or profit

 4-9     of the health maintenance organization, if that method of

4-10     compensation is the sole basis for subjecting that person or the

4-11     employee of the person to this section.

4-12           (c)  The term "sub-agent" means any person, except a regular

4-13     salaried officer or employee of a legal reserve life insurance

4-14     company, of a health maintenance organization, or of an [a licensed

4-15     life insurance] agent, engaging in activities defined in Paragraph

4-16     1(b), above, who acts for or on behalf of an [a licensed life

4-17     insurance] agent in the solicitation of, negotiation for, or

4-18     procurement, [or] making, or effectuation of, or collection of

4-19     premiums or charges on, an insurance or annuity contract or health

4-20     maintenance organization membership, whether or not the sub-agent

4-21     [he] is designated by such agent as a sub-agent or a solicitor or

4-22     by any other title.  Each such sub-agent shall be deemed to be an

4-23     [a life insurance] agent, as defined above, and wherever, in

4-24     succeeding Sections of this Act, the term "[life insurance] agent"

4-25     is used, it shall include sub-agents, whether or not they are

4-26     specifically mentioned.  Each such sub-agent shall be subject to

4-27     the provisions of this Act to the same extent as an [a life

 5-1     insurance] agent.

 5-2           (d)  The terms "insurance or annuity contract," "insurance

 5-3     contract," and "annuity contract," shall mean a contract or policy

 5-4     of life, health or accident (including hospitalization) insurance,

 5-5     or an annuity contract, issued by any legal reserve company or

 5-6     insurer engaged in the business of writing life, health or accident

 5-7     (including hospitalization) insurance, or annuity contracts.

 5-8           (d-1)  The term "membership," when used in this Act, means a

 5-9     membership in a health maintenance organization.

5-10           (e)  The term "excess risk" shall mean all or any portion of

5-11     a life, health or accident insurance risk or contract of annuity

5-12     for which application is made through an agent, and which exceeds

5-13     the amount of insurance or annuity which will be provided by the

5-14     insurer for which such agent is licensed.

5-15           (f)  The term "rejected risk" shall mean a life, health or

5-16     accident insurance risk or annuity contract for which application

5-17     has been made through an agent and which insurance or annuity

5-18     contract is declined by the insurer for which such agent is

5-19     licensed.

5-20           (g)  The terms "Industrial" and "weekly premium life

5-21     insurance on a debit basis" refer to the type of life insurance

5-22     defined in Article 3.52 of the Texas Insurance Code.

5-23           SECTION 2.  Sections 3(a) and (b),  Chapter 213, Acts of the

5-24     54th Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's

5-25     Texas Insurance Code), are amended to read as follows:

5-26           (a)  No person or corporation shall act as an [a life

5-27     insurance] agent within this State until the person or corporation

 6-1     has [he or it shall have] procured a license as required by the

 6-2     laws of this State.

 6-3           (b)  No insurer or [licensed life insurance] agent doing

 6-4     business in this State shall pay directly or indirectly any

 6-5     commission, or other valuable consideration, to any person or

 6-6     corporation for services as an [a life insurance] agent within this

 6-7     State, unless such person or corporation shall hold a currently

 6-8     valid license to act as an [a life insurance] agent as required by

 6-9     the laws of this State; nor shall any person or corporation, other

6-10     than a duly licensed [life insurance] agent, accept any such

6-11     commission or other valuable consideration; provided, however, that

6-12     the provisions of this Section shall not prevent the payment or

6-13     receipt of renewal or other deferred commissions to or by any

6-14     person solely because such person or corporation has ceased to hold

6-15     a license to act as an [a life insurance] agent.

6-16           SECTION 3.  Sections 4(a), (b), (d), (e), and (f), Chapter

6-17     213, Acts of the 54th Legislature, Regular Session, 1955 (Article

6-18     21.07-1, Vernon's Texas Insurance Code), are amended to read as

6-19     follows:

6-20           (a)  Each applicant for a license to act as an [a life

6-21     insurance] agent within this State shall file with the Commissioner

6-22     a completed written application on forms furnished by the

6-23     Commissioner.  The application shall be signed and duly sworn by

6-24     the applicant.  The prescribed form shall require the applicant to

6-25     state the applicant's full name; residence; age; occupation and

6-26     place of business for five years preceding date of the application;

6-27     whether the applicant has ever held a license in any state to

 7-1     solicit life insurance[,] or any other insurance or to solicit

 7-2     memberships [in any State]; whether the applicant has been refused,

 7-3     or has had suspended or revoked a license to solicit life

 7-4     insurance[,] or any other insurance or to solicit memberships in

 7-5     any State; what insurance or health care plan experience, if any,

 7-6     the applicant has had; what instruction in life insurance and in

 7-7     the [insurance] laws of this State governing insurance and health

 7-8     maintenance organizations the applicant has had or expects to have;

 7-9     whether any insurer, health maintenance organization, or general

7-10     agent claims the applicant is indebted under any agency contract,

7-11     and if so, the name of the claimant, the nature of the claim and

7-12     the applicant's defense thereto; whether the applicant has had an

7-13     agency contract cancelled and, if so, when, by what company, health

7-14     maintenance organization, or general agent and the reasons

7-15     therefor; whether the applicant will devote all or part of the

7-16     applicant's efforts to acting as an [a life insurance] agent, and,

7-17     if part only, how much time the applicant will devote to such work,

7-18     and in what other business or businesses the applicant is engaged

7-19     or employed; and such other information pertinent to the licensing

7-20     of such agent as the Commissioner in the Commissioner's discretion

7-21     may prescribe.  It is not intended that the Commissioner shall be

7-22     authorized to deny a license to an applicant on the sole ground

7-23     that the applicant will act only part time as an [a life insurance]

7-24     agent.

7-25           (b)  The application shall be accompanied by a certificate on

7-26     forms furnished by the Commissioner and signed by an officer or

7-27     properly authorized representative of the life insurance company or

 8-1     health maintenance organization that the applicant proposes to

 8-2     represent, stating that the applicant has completed the educational

 8-3     requirements as provided in this Act, and that the insurer or

 8-4     health maintenance organization desires that the applicant be

 8-5     licensed as an [a life insurance] agent to represent it in this

 8-6     State.

 8-7           (d)  The Commissioner [Board] shall issue a license to an

 8-8     individual or to a general partnership engaging in the business of

 8-9     insurance or acting as an agent for a health maintenance

8-10     organization.  Each partner in the partnership must be licensed

8-11     individually as an agent under this Act.

8-12           (e)  The Commissioner shall issue a license to a corporation

8-13     if the Commissioner finds:

8-14                 (1)  That the corporation is a Texas corporation

8-15     organized or existing under the Texas Business Corporation Act or

8-16     the Texas Professional Corporation Act (Article 1528e, Vernon's

8-17     Texas Civil Statutes) having its principal place of business in the

8-18     State of Texas and having as one of its purposes the authority to

8-19     act as agent under this Act;

8-20                 (2)  That every officer, director, and shareholder of

8-21     the corporation is individually licensed as an agent under the

8-22     provisions of this Act, or that every officer and director of the

8-23     corporation is individually licensed under this Act, that the

8-24     corporation is a wholly owned subsidiary of a parent corporation

8-25     that is licensed under this Act, and that every shareholder of the

8-26     parent corporation is individually licensed under this Act; and

8-27                 (3)  That such corporation will have the ability to pay

 9-1     any sums up to $25,000 which it might become legally obligated to

 9-2     pay on account of any claim made against it by any customer and

 9-3     caused by any negligent act, error, or omission of the corporation

 9-4     or any person for whose acts the corporation is legally liable in

 9-5     the conduct of its business as under this Act.  The term "customer"

 9-6     as used herein shall mean any person, firm, or corporation to whom

 9-7     such corporation sells or attempts to sell a policy of insurance or

 9-8     membership or from whom such corporation accepts an application for

 9-9     insurance or membership.  Such ability shall be proven in one of

9-10     the following ways:

9-11                       (A)  An errors and omissions policy insuring such

9-12     corporation against errors and omissions in at least the sum of

9-13     $100,000 with no more than a $10,000 deductible feature issued by

9-14     an insurance company licensed to do business in the State of Texas

9-15     or, if a policy cannot be obtained from a company licensed to do

9-16     business in Texas, a policy issued by a company not licensed to do

9-17     business in Texas on filing an affidavit with the Commissioner

9-18     [State Board of Insurance] stating the inability to obtain coverage

9-19     and receiving the Commissioner's [Board's] approval; or

9-20                       (B)  A bond executed by such corporation as

9-21     principal and a surety company authorized to do business in this

9-22     State, as surety, in the principal sum of $25,000, payable to the

9-23     Texas Department [State Board] of Insurance for the use and benefit

9-24     of customers of such corporation, conditioned that such corporation

9-25     shall pay any final judgment recovered against it by any customer;

9-26     or

9-27                       (C)  A deposit of cash or securities of the class

 10-1    authorized by Articles 2.08 and 2.10 of the Insurance Code, having

 10-2    a fair market value of $25,000 with the Comptroller [State

 10-3    Treasurer].  The Comptroller [State Treasurer] is hereby authorized

 10-4    and directed to accept and receive such deposit and hold it

 10-5    exclusively for the protection of any customer of such corporation

 10-6    recovering a final judgment against such corporation.  Such deposit

 10-7    may be withdrawn only upon filing with the Commissioner

 10-8    satisfactory evidence that the corporation has withdrawn from

 10-9    business and has no unsecured liabilities outstanding, or that such

10-10    corporation has provided for the protection of its customers by

10-11    furnishing an errors and omissions policy or a bond as provided.

10-12    Securities so deposited may be exchanged from time to time for

10-13    other qualified securities.

10-14          A binding commitment to issue such a policy or bond, or the

10-15    tender of such securities, shall be sufficient in connection with

10-16    any application for license.

10-17          Nothing contained herein shall be construed to permit any

10-18    unlicensed employee or agent of any corporation to perform any act

10-19    of an agent under this Act without obtaining a license.

10-20          If at any time, any corporation holding a license under this

10-21    Act does not maintain the qualifications necessary to obtain a

10-22    license, the license of such corporation to act as an agent shall

10-23    be cancelled or denied in accordance with the provisions of

10-24    Sections 12 and 13 of this Act; provided, however, that should any

10-25    person who is not an agent licensed under this Act acquire shares

10-26    in such a corporation by devise or descent, they shall have a

10-27    period of 90 days from date of acquisition within which to obtain a

 11-1    license as an agent or to dispose of the shares to an agent

 11-2    licensed under this Act.

 11-3          Should such an unlicensed person acquire shares in such a

 11-4    corporation and not dispose of them within said period of 90 days

 11-5    to a licensed agent, then they must be purchased by the corporation

 11-6    for their book value, that is, the value of said shares of stock as

 11-7    reflected by the regular books and records of said corporation as

 11-8    of the date of the acquisition of said shares by said unlicensed

 11-9    person.  Should the corporation fail or refuse to so purchase such

11-10    shares, its license shall be cancelled.

11-11          Any such corporation shall have the power to redeem the

11-12    shares of any shareholder, or the shares of a deceased shareholder,

11-13    upon such terms as may be agreed upon by the board of directors and

11-14    such shareholder or such shareholder's 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 an agent under this Act shall

11-19    file, under oath, a list of the names and addresses of all of its

11-20    officers, directors, and shareholders with its application for

11-21    renewal license.

11-22          Each corporation licensed as an agent under this Act shall

11-23    notify the Texas Department [State Board] of Insurance upon any

11-24    change in its officers, directors, or shareholders not later than

11-25    the 30th day after the date on which the change became effective.

11-26          Except as provided by Subdivision (2) of this subsection, a

11-27    corporation may not own any interest in another corporation

 12-1    licensed under this Act, and each owner of an interest in a

 12-2    corporation licensed under this Act shall be a natural person who

 12-3    holds a valid license issued under this Act.

 12-4          No association or any legal entity of any nature, other than

 12-5    an individual person, general partnership, or corporation, may be

 12-6    licensed as an [a life insurance] agent.

 12-7          (f)  Each applicant, prior to sitting for the written

 12-8    examination as provided for in Section 5 of this Act, shall

 12-9    complete, under the supervision of such sponsoring insurer or

12-10    health maintenance organization, an educational program that shall

12-11    include:

12-12                (1)  such texts as may be prescribed by the

12-13    Commissioner of Insurance on the recommendation of the Advisory

12-14    Board as provided in Subsection (c) of Section 5 of this Act; and

12-15                (2)  materials that will provide the applicant with the

12-16    basic knowledge of:

12-17                      (A)  the broad principles of insurance,

12-18    licensing, and regulatory laws of this State;

12-19                      (B)  principles related to medicare supplement

12-20    insurance; [and]

12-21                      (C)  principles related to regulation of health

12-22    maintenance organizations and membership;

12-23                      (D)  the obligations and duties of an [a life

12-24    insurance] agent; and

12-25                      (E)  principles related to small employer

12-26    insurance under Chapter 26, Insurance Code.

12-27          SECTION 4.  Section 4A, Chapter 213, Acts of the 54th

 13-1    Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas

 13-2    Insurance Code), is amended to read as follows:

 13-3          Sec. 4A.  PERSONS OTHER THAN [LICENSED LIFE] AGENTS WHO MAY

 13-4    SHARE IN PROFITS OF AN [A LIFE] AGENT.  (a)  On the death of an [a

 13-5    licensed life] agent who is a member of an agency partnership, the

 13-6    surviving spouse and children, if any, of the deceased partner, or

 13-7    a trust for the surviving spouse and children, may share in the

 13-8    profits of the agency partnership during the lifetime of the

 13-9    surviving spouse or children, as provided by a written partnership

13-10    agreement, or in the absence of any written agreement, as agreed by

13-11    the surviving partner or partners and the surviving spouse, the

13-12    trustee, and the legal representative of the surviving children.

13-13    The surviving spouse and any surviving children or trusts are not

13-14    required to qualify as [life] agents to participate in the profits

13-15    but may not perform any act of an [a life] agent on behalf of the

13-16    partnership without having qualified as an [a life] agent.  An [A

13-17    licensed life] agent who is a member of an agency partnership may,

13-18    with the approval of the other members of the partnership, transfer

13-19    an interest in the agency partnership to the partner's [his]

13-20    children or a trust for the children and may operate that interest

13-21    for their use and benefit.  The children or trusts may share in the

13-22    profits of the agency partnership.  The children or trusts are not

13-23    required to qualify as an [a life] agent to participate in the

13-24    profits but may not perform any act of an [a life] agent on behalf

13-25    of the partnership without having qualified as an [a life] agent.

13-26          (b)  On the death of an [a licensed life] agent, who is a

13-27    sole proprietorship, unless otherwise provided by the will admitted

 14-1    to probate of the deceased agent, the surviving spouse and

 14-2    children, if any, of the deceased agent, or a trust for the

 14-3    surviving spouse and children, may share in the profits of the

 14-4    continuance of the agency business of the deceased agent, if the

 14-5    agency business is continued by an [a licensed life] agent.  The

 14-6    surviving spouse, trusts, or children may participate in the

 14-7    profits during the lifetime of the surviving spouse and children.

 14-8    The surviving spouse, trusts, or children are not required to

 14-9    qualify as [life] agents in order to participate in the profits of

14-10    the agency but may not perform any act of an [a life] agent in

14-11    connection with the continuance of the agency business without

14-12    first having been licensed as an [a life] agent.  An [A licensed

14-13    life] agent who is a sole proprietorship may transfer an interest

14-14    in his agency to the sole proprietor's [his] children, or a trust

14-15    for the [his] children, and may operate that interest for their use

14-16    and benefit.  The children may share in the profits of the [life]

14-17    agency during their lifetime, and during that time are not required

14-18    to qualify as an [a life] agent in order to participate in those

14-19    profits but may not perform any act of an [a life] agent in

14-20    connection with the agency business without first being licensed as

14-21    an [a life] agent.

14-22          (c)  On the death of a shareholder in a corporate [licensed

14-23    life] agency, the surviving spouse and children, if any, of the

14-24    deceased shareholder, or a trust for the surviving spouse and

14-25    children may share in the profits of the corporate agency during

14-26    the lifetime of the surviving spouse or children, if and as

14-27    provided by a contract entered into by and between all of the

 15-1    shareholders and the corporation.  The surviving spouse, surviving

 15-2    children, or trusts are not required to individually qualify as an

 15-3    [a life] agent in order to participate in those profits but may not

 15-4    perform any act of an [a life] agent on behalf of the corporation

 15-5    without having qualified as an [a life] agent.  A shareholder in a

 15-6    corporate [licensed life] agency may, if provided by a contract

 15-7    entered into by and between all of the shareholders and the

 15-8    corporation, transfer an interest in the agency to the

 15-9    shareholder's [his] children or a trust for the [his] children, and

15-10    the children or trusts may share in the profits of the agency to

15-11    the extent of the interest during their lifetime.  The children or

15-12    trusts are not required to qualify as an [a life] agent to

15-13    participate in the profits but may not perform any act of an [a

15-14    life] agent on behalf of the corporation without having qualified

15-15    as an [a life] agent.

15-16          SECTION 5.  Sections 5(a) and (c), Chapter 213, Acts of the

15-17    54th Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's

15-18    Texas Insurance Code), are amended to read as follows:

15-19          (a)  Each prospective applicant for a license to act as an [a

15-20    life insurance] agent within this State shall submit to a personal

15-21    written examination administered in the English or Spanish

15-22    language, as prescribed by the Texas Department [State Board] of

15-23    Insurance, to determine the applicant's competence with respect to

15-24    insurance and annuity contracts, including medicare supplement

15-25    contracts, and memberships, and the applicant's familiarity with

15-26    the pertinent provisions of the laws of this State and the

15-27    obligations and duties of an [a life insurance] agent, and shall

 16-1    pass the same to the satisfaction of the Texas Department [State

 16-2    Board] of Insurance.  A nonrefundable examination fee, in an amount

 16-3    determined by the Commissioner [Board] but not more than $20, must

 16-4    accompany the application to take the examination.  The department

 16-5    shall charge the fee each time the examination is taken.  The

 16-6    department shall give certifications of a passing score to those

 16-7    applicants that obtain such a score.  No written examination shall

 16-8    be required of:

 16-9                (1)  An applicant for the renewal of a license issued

16-10    under [by the State Board of Insurance pursuant to] Article 21.07,

16-11    Texas Insurance Code, 1951, which is currently in force at the time

16-12    of the effective date of this Act;

16-13                (2)  An applicant whose license as an [a life

16-14    insurance] agent expired less than one year prior to the date of

16-15    application may, in the discretion of the Texas Department [State

16-16    Board] of Insurance, be issued a license without written

16-17    examination;

16-18                (3)  A person who holds the designation Chartered Life

16-19    Underwriter (CLU);

16-20                (4)  An applicant that is a partnership or corporation.

16-21          (c)  The Commissioner shall appoint an Advisory Board

16-22    consisting of eight persons of whom two shall be holders of

16-23    licenses issued under this Article, one [two] shall be employed by

16-24    a legal reserve life insurance company and familiar with the

16-25    operations of legal reserve life insurance companies, one shall be

16-26    employed by a health maintenance organization and familiar with the

16-27    operations of health maintenance organizations, two shall be

 17-1    general agents and managers, and two shall be citizens of the State

 17-2    of Texas who are neither agents, general managers, nor employees of

 17-3    legal reserve life insurance companies, which shall make

 17-4    recommendations to the Commissioner [him] with respect to the

 17-5    scope, type, and conduct of written examinations and the times and

 17-6    places within the State where they shall be held.  This Advisory

 17-7    Board shall make such recommendations not less frequently than once

 17-8    every four years.  The members of the Advisory Board shall serve

 17-9    without pay but shall be reimbursed for their reasonable expenses

17-10    in attending meetings of the Advisory Board.

17-11          SECTION 6.  Section 6, Chapter 213, Acts of the 54th

17-12    Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas

17-13    Insurance Code), is amended to read as follows:

17-14          Sec. 6.  ISSUANCE OR DENIAL OF LICENSE.  After the applicant,

17-15    if required to do so, has passed the written examination to the

17-16    satisfaction of the Commissioner, a license shall be issued

17-17    forthwith.  If the license is denied for any of the reasons set

17-18    forth in Section 12 of this Act, the Commissioner shall notify the

17-19    applicant and the insurer or health maintenance organization in

17-20    writing that the license will not be issued to the applicant.

17-21          SECTION 7.  Sections 7(a) and (b), Chapter 213, Acts of the

17-22    54th Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's

17-23    Texas Insurance Code), are amended to read as follows:

17-24          (a)  A person not resident in this State may be licensed as

17-25    an [a life insurance] agent upon compliance with the provisions of

17-26    this Act, provided that the State in which such person resides will

17-27    accord the same privilege to a citizen of this State.

 18-1          (b)  The [Life Insurance] Commissioner is further authorized

 18-2    to enter into reciprocal agreements with the appropriate official

 18-3    or any other State waiving the written examination of any applicant

 18-4    resident in such other State, provided:

 18-5                (1)  That a written examination is required of

 18-6    applicants for an [a life insurance] agent's license in such other

 18-7    State;

 18-8                (2)  That the appropriate official of such other State

 18-9    certifies that the applicant holds a currently valid license as an

18-10    [a life insurance] agent in such other State and either passed such

18-11    written examination or was the holder of an [a life insurance]

18-12    agent's license prior to the time such written examination was

18-13    required;

18-14                (3)  That the applicant has no place of business within

18-15    this State in the transaction of business as an [a life insurance]

18-16    agent;

18-17                (4)  That in such other State, a resident of this State

18-18    is privileged to procure an [a life insurance] agent's license upon

18-19    the foregoing conditions and without discrimination as to fees or

18-20    otherwise in favor of the residents of such other State.

18-21          SECTION 8.  Section 8, Chapter 213, Acts of the 54th

18-22    Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas

18-23    Insurance Code), is amended to read as follows:

18-24          Sec. 8.  AGENT MAY BE LICENSED TO REPRESENT ADDITIONAL

18-25    INSURERS OR HEALTH MAINTENANCE ORGANIZATIONS. (a)  Any [life

18-26    insurance] agent licensed in this state may represent and act as an

18-27    [a life insurance] agent for more than one life insurance company

 19-1    or health maintenance organization at any time while the agent's

 19-2    license is in force, if the agent so desires.  Any [such life

 19-3    insurance] agent and the company or health maintenance organization

 19-4    involved must give notice to the Commissioner of any additional

 19-5    appointment or appointments authorizing the agent to act as an [a

 19-6    life insurance] agent for an additional life insurance company or

 19-7    companies or health maintenance organization or organizations.

 19-8    Such notice must be accompanied by a certificate from each insurer

 19-9    or health maintenance organization to be named in each additional

19-10    appointment, and must state that said insurer or organization

19-11    desires to appoint the applicant as its agent.  This notice shall

19-12    also contain such other information as the Commissioner may

19-13    require.  The agent shall be required to pay a nonrefundable fee in

19-14    an amount not to exceed $16 as determined by the Texas Department

19-15    [State Board] of Insurance for each additional appointment applied

19-16    for, which fee shall accompany the notice. If approval of the

19-17    additional appointment is not received from the Commissioner before

19-18    the eighth day after the date on which the completed application

19-19    and fee were received by the Commissioner, the agent and the

19-20    insurance carrier or health maintenance organization, in the

19-21    absence of notice of disapproval, may assume that the Commissioner

19-22    approves the application, and the agent may act for the insurance

19-23    carrier or health maintenance organization.

19-24          (b)  Any [life insurance] agent licensed in this state may

19-25    solicit, negotiate, or effect applications for policies of life

19-26    insurance or place excess or rejected risks with any legal reserve

19-27    life insurance company lawfully doing business in this state other

 20-1    than an insurer such agent is licensed to represent, if such agent

 20-2    requests appointment with such company simultaneously with the

 20-3    submission to such company of the application for insurance

 20-4    solicited by him or it.  However, no commissions shall be paid by

 20-5    such company to the agent until such time as notice of appointment

 20-6    with respect to such agent has been given to the Commissioner

 20-7    pursuant to the provisions of Subsection (a)  of this section.

 20-8          (c)  No insurer, health maintenance organization, general

 20-9    agent, or agent, directly or through any representative, shall

20-10    furnish to any agent any blank forms, applications, stationery, or

20-11    other supplies to be used in soliciting, negotiating, or effecting

20-12    contracts of insurance or memberships on its behalf unless such

20-13    blank forms, applications, stationery, or other supplies relate to

20-14    a class of business with respect to which such agent is a licensed

20-15    agent, whether for that insurer or health maintenance organization

20-16    or another insurer or health maintenance organization.

20-17          (d)  Any insurer, health maintenance organization, general

20-18    agent, or agent who furnishes any of the supplies specified in

20-19    Subsection (c)  of this section to any agent or prospective agent

20-20    not licensed to represent the insurer or health maintenance

20-21    organization and who accepts from or writes any insurance business

20-22    for such agent or agency shall be subject to civil liability to any

20-23    insured of such insurer to the same extent and in the same manner

20-24    as if such agent or prospective agent had been appointed, licensed,

20-25    or authorized by the insurer, health maintenance organization, or

20-26    such agent to act in the insurer's, health maintenance

20-27    organization's, or agent's [its or his] behalf.

 21-1          (e)  An appointment made under this section to authorize an

 21-2    agent to act as an agent for an insurance carrier or health

 21-3    maintenance organization continues in effect without the necessity

 21-4    of renewal until it is terminated and withdrawn by the insurance

 21-5    carrier or health maintenance organization as provided by this

 21-6    section or is otherwise terminated in accordance with this Act.

 21-7    Each renewal license issued to the agent authorizes the agent to

 21-8    represent and act for the insurance carriers or health maintenance

 21-9    organizations for which the agent holds an appointment until the

21-10    appointment is terminated, and that agent is considered to be the

21-11    agent of the appointing insurance carriers or health maintenance

21-12    organizations for the purposes of this Act.

21-13          SECTION 9.  Section 9(a), Chapter 213, Acts of the 54th

21-14    Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas

21-15    Insurance Code), is amended to read as follows:

21-16          (a)  Except as may be provided by a staggered renewal system

21-17    adopted under Article 21.01-2, Insurance Code, each license issued

21-18    to an [a life insurance] agent shall expire two years following the

21-19    date of issue, unless prior thereto it is suspended or revoked by

21-20    the Commissioner.

21-21          SECTION 10.  Sections 10(a), (b), (c), (e), and (f), Chapter

21-22    213, Acts of the 54th Legislature, Regular Session, 1955 (Article

21-23    21.07-1, Vernon's Texas Insurance Code), are amended to read as

21-24    follows:

21-25          (a)  The department may issue a temporary [life insurance]

21-26    agent's license, effective for ninety days, without requiring the

21-27    applicant to pass a written examination, as follows:

 22-1                (1)  To an applicant who has fulfilled the provisions

 22-2    of Section 4 of this Act where such applicant will actually collect

 22-3    the premiums on industrial life insurance contracts during the

 22-4    period of such temporary license; provided, however, that if such

 22-5    temporary license is not received from the department within seven

 22-6    days from the date the application was sent to the department, the

 22-7    company may assume that the temporary license will be issued in due

 22-8    course and the applicant may proceed to act as an agent.  For the

 22-9    purpose of this subsection an industrial life insurance contract

22-10    shall mean a contract for which the premiums are payable at monthly

22-11    or more frequent intervals directly by the owner thereof, or by a

22-12    person representing the owner, to a representative of the company;

22-13                (2)  To any person who is being considered for

22-14    appointment as an agent by an insurer or health maintenance

22-15    organization immediately upon receipt by the department of an

22-16    application executed by such person in the form required by Section

22-17    4 of this Act, together with a nonrefundable filing fee of $100 and

22-18    a certificate signed by an officer or properly authorized

22-19    representative of such insurer or health maintenance organization

22-20    stating:

22-21                      (A)  that such person is being considered for

22-22    appointment by such insurer or health maintenance organization as

22-23    its full-time agent;

22-24                      (B)  that such insurer or health maintenance

22-25    organization desires that such person be issued a temporary

22-26    license; provided that if such temporary license shall not have

22-27    been received from the department within seven days from the date

 23-1    on which the application and certificate were delivered to or

 23-2    mailed to the department the insurer or health maintenance

 23-3    organization may assume that such temporary license will be issued

 23-4    in due course and the applicant may proceed to act as an agent;

 23-5    provided, however, that no temporary license shall be renewable nor

 23-6    issued more than once in a consecutive six months period to the

 23-7    same applicant; and provided further, that no temporary license

 23-8    shall be granted to any person who does not intend to apply for a

 23-9    license to sell [life] insurance or memberships to the public

23-10    generally and it is intended to prohibit the use of a temporary

23-11    license to obtain commissions from sales to persons of family

23-12    employment or business relationships to the temporary licensee, to

23-13    accomplish which purposes an insurer or health maintenance

23-14    organization is hereby prohibited from knowingly paying directly or

23-15    indirectly to the holder of a temporary license under this

23-16    subsection any commissions on the sale of a contract of insurance

23-17    or membership covering [on the life of] the temporary licensee, [or

23-18    on the life of] any person related to the temporary licensee [him]

23-19    by blood or marriage, [or on the life of] any person who is or has

23-20    been during the past six months the temporary licensee's [his]

23-21    employer either as an individual or as a member of a partnership,

23-22    association, firm or corporation, or [on the life of] any person

23-23    who is or who has been during the past six months his employee, and

23-24    the holder of a temporary license is hereby prohibited from

23-25    receiving or accepting commissions on the sale of a contract of

23-26    insurance or membership to any person included in the foregoing

23-27    classes of relationship;

 24-1                      (C)  that a person who has been issued a

 24-2    temporary license under this subsection and is acting under the

 24-3    authority of the temporary license may not engage in any insurance

 24-4    solicitation, sale, or other agency transaction that results in or

 24-5    is intended to result in the replacement of any existing individual

 24-6    life insurance policy form or annuity contract that is in force or

 24-7    receive, directly or indirectly, any commission or other

 24-8    compensation that may or does result from such solicitation, sale,

 24-9    or other agency transaction; and that any person holding a

24-10    permanent license may not circumvent or attempt to circumvent the

24-11    intent of this subdivision by acting for or with a person holding

24-12    such a temporary license.  As used in this subdivision,

24-13    "replacement" means any transaction in which a new life insurance

24-14    or annuity contract is to be purchased, and it is known or should

24-15    be known to the temporary agent that by reason of the solicitation,

24-16    sale, or other transaction the existing life insurance or annuity

24-17    contract has been or is to be:

24-18                            (i)  lapsed, forfeited, surrendered, or

24-19    otherwise terminated;

24-20                            (ii)  converted to reduced paid-up

24-21    insurance, continued as extended term insurance, or otherwise

24-22    reduced in value by the use of nonforfeiture benefits or other

24-23    policy values;

24-24                            (iii)  amended so as to effect either a

24-25    reduction in benefits or in the term for which coverage would

24-26    otherwise remain in force or for which benefits would be paid;

24-27                            (iv)  reissued with any reduction in cash

 25-1    value; or

 25-2                            (v)  pledged as collateral or subjected to

 25-3    borrowing, whether in a single loan or under a schedule of

 25-4    borrowing over a period of time for amounts in the aggregate

 25-5    exceeding 25 percent of the loan value set forth in the policy; and

 25-6                      (D)  that such person will complete, under such

 25-7    insurer's or health maintenance organization's supervision, at

 25-8    least forty hours of training as prescribed by Subsection (c)  of

 25-9    this Section within fourteen days from the date on which the

25-10    application and certificate were delivered or mailed to the

25-11    department.

25-12          (b)  The department shall have the authority to cancel,

25-13    suspend, or revoke the temporary appointment powers of any life

25-14    insurance company or health maintenance organization, if, after

25-15    notice and hearing, the commissioner [he] finds that such company

25-16    or health maintenance organization has abused such temporary

25-17    appointment powers.  In considering such abuse, the department may

25-18    consider, but is not limited to, the number of temporary

25-19    appointments made by a company as provided by Subsection (f) of

25-20    this Section, the percentage of appointees sitting for the

25-21    examination as [life insurance] agents under this Article as it may

25-22    be in violation of Subsection (e) of this Section, and the number

25-23    of appointees successfully passing said examination in accordance

25-24    with Subsection (e).  Appeals from the department's decision shall

25-25    be made in accordance with Section 13 hereof.

25-26          (c)  At least forty hours of training must be administered to

25-27    any applicant for a temporary license as herein defined within

 26-1    fourteen days from the date on which the application and

 26-2    certificate were delivered or mailed to the department.  Of this

 26-3    forty-hour requirement, ten hours must be taught in a classroom

 26-4    setting, including but not limited to an accredited college,

 26-5    university, junior or community college, business school, or

 26-6    private institute or classes sponsored by the insurer or health

 26-7    maintenance organization and especially established for this

 26-8    purpose.  Such training program shall be constructed so as to

 26-9    provide an applicant with the basic knowledge of:

26-10                (1)  the broad principles of insurance, licensing, and

26-11    regulatory laws of this State; [and]

26-12                (2)  the broad principles of health maintenance

26-13    organizations, membership, and related licensing and regulating

26-14    laws; and

26-15                (3)  the obligations and duties of an [a life

26-16    insurance] agent.

26-17          (e)  Each insurer is responsible for requiring that not less

26-18    than 70 percent of such insurer's or health maintenance

26-19    organization's applicants for temporary licenses sit for an

26-20    examination during any two consecutive calendar quarters.  At least

26-21    50 percent of those applicants sitting for the examination must

26-22    pass during such a period.

26-23          (f)  Each insurer or health maintenance organization may make

26-24    no more than two hundred and fifty temporary licensee appointments

26-25    during a calendar year under Subsection (a)(2) of this Section.

26-26          SECTION 11.  Section 11(a), Chapter 213, Acts of the 54th

26-27    Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas

 27-1    Insurance Code), is amended to read as follows:

 27-2          (a)  Each life insurance company and health maintenance

 27-3    organization shall, upon termination of the appointment of any

 27-4    [life insurance] agent, immediately file with the Commissioner a

 27-5    statement of the facts relative to the termination of the

 27-6    appointment and the date and cause thereof.  The Commissioner shall

 27-7    thereupon terminate the license of such agent to represent such

 27-8    insurer or health maintenance organization in this State.

 27-9          SECTION 12.  Section 12(a), Chapter 213, Acts of the 54th

27-10    Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas

27-11    Insurance Code), is amended to read as follows:

27-12          (a)  The commissioner may discipline a license holder or deny

27-13    an application under Section 5, Article 21.01-2, Insurance Code, if

27-14    the Commissioner finds that the applicant, individually or through

27-15    any officer, director, or shareholder, for, or holder of such

27-16    license:

27-17                (1)  Has wilfully violated any provision of the

27-18    insurance laws of this State;

27-19                (2)  Has intentionally made a material misstatement in

27-20    the application for such license;

27-21                (3)  Has obtained, or attempted to obtain, such license

27-22    by fraud or misrepresentation;

27-23                (4)  Has misappropriated or converted to the

27-24    applicant's or licensee's own use or illegally withheld money

27-25    belonging to an insurer or health maintenance organization or an

27-26    insured or beneficiary;

27-27                (5)  Has been guilty of fraudulent or dishonest

 28-1    practices;

 28-2                (6)  Has materially misrepresented the terms and

 28-3    conditions of [life] insurance policies, [or] contracts, or

 28-4    memberships;

 28-5                (7)  Has made or issued, or caused to be made or

 28-6    issued, any statement misrepresenting or making incomplete

 28-7    comparisons regarding the terms or conditions of any insurance or

 28-8    annuity contract legally issued by any insurer or membership

 28-9    legally issued by a health maintenance organization, for the

28-10    purpose of inducing or attempting to induce the owner of such

28-11    contract or member to forfeit or surrender such contract or

28-12    membership or allow it to lapse for the purpose of replacing such

28-13    contract or membership with another;

28-14                (8)  Has obtained, or attempted to obtain such license,

28-15    not for the purpose of holding the license holder or applicant

28-16    [himself or itself] out to the general public as an [a life

28-17    insurance] agent, but primarily for the purpose of soliciting,

28-18    negotiating or procuring [life] insurance or annuity contracts or

28-19    memberships covering the applicant or licensee, members of the

28-20    applicant's or licensee's family, or the applicant's or licensee's

28-21    business associates;

28-22                (9)  Is convicted of a felony; or

28-23                (10)  Is guilty of rebating an insurance premium or

28-24    commission to an insured.

28-25          SECTION 13.  Section 14, Chapter 213, Acts of the 54th

28-26    Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas

28-27    Insurance Code), is amended to read as follows:

 29-1          Sec. 14.  PENALTY.  Any person or officer, director, or

 29-2    shareholder of a corporation required to be licensed by this Act

 29-3    who individually, or as an officer or employee of a legal reserve

 29-4    life insurance company, health maintenance organization, or other

 29-5    corporation, violates any of the provisions of this Act shall, in

 29-6    addition to any other penalty specifically provided, be guilty of a

 29-7    misdemeanor and, upon conviction, shall be fined not more than

 29-8    $500.00 or imprisoned not more than six months, or both, each such

 29-9    violation being a separate offense hereunder.  In addition, if such

29-10    offender or corporation of which he is an officer, director, or

29-11    shareholder holds a license as an [a life insurance] agent, such

29-12    license shall automatically expire upon such conviction.

29-13          SECTION 14.  Sections 16(a), (b), (c), (d), (h), (i), and

29-14    (j), Chapter 213, Acts of the 54th Legislature, Regular Session,

29-15    1955 (Article 21.07-1, Vernon's Texas Insurance Code), are amended

29-16    to read as follows:

29-17          (a)  In this section, "accident and health [insurance] agent"

29-18    means any person or corporation that is an authorized agent of a

29-19    legal reserve life insurance company or health maintenance

29-20    organization and who acts as such agent only in the solicitation

29-21    of, negotiation for, procurement of, or collection of premiums on

29-22    an accident and health insurance contract with a legal reserve life

29-23    insurance company or who acts only as described by Section 1(a-1)

29-24    of this Act.  The term[, but] does not include:

29-25                (1)  a regular salaried officer or employee of a legal

29-26    reserve life insurance company, or of a licensed life or accident

29-27    and health insurance agent, who devotes substantially all of the

 30-1    officer's or employee's [his or her] time to activities other than

 30-2    the solicitation of applications for insurance contracts and

 30-3    receives no commission or other compensation directly dependent

 30-4    upon the business obtained and who does not solicit or accept from

 30-5    the public applications for insurance contracts;

 30-6                (1-A)  any regular salaried officer or employee of a

 30-7    health maintenance organization or of a licensed health maintenance

 30-8    organization agent, who devotes substantially all of the officer's

 30-9    or employee's time to activities other than the solicitation of

30-10    applications for health maintenance organization membership and

30-11    receives no commission or other compensation directly dependent

30-12    upon the business obtained and who does not solicit or accept from

30-13    the public applications for health maintenance organization

30-14    membership;

30-15                (2)  employers or their officers or employees, or the

30-16    trustees of any employee benefit plan, to the extent that those

30-17    employers, officers, employees, or trustees are engaged in the

30-18    administration or operation of any program of employee benefits

30-19    involving the use of insurance issued by a legal reserve life

30-20    insurance company or memberships issued by a health maintenance

30-21    organization, provided that those employers, officers, employees,

30-22    or trustees are not in any manner compensated directly or

30-23    indirectly by the legal reserve life insurance company or health

30-24    maintenance organization issuing the insurance contracts or

30-25    memberships;

30-26                (3)  banks or their officers and employees to the

30-27    extent that the banks, or their officers, and employees collect and

 31-1    remit premiums or charges by charging the premiums or charges

 31-2    against the account of a depositor on the orders of the depositor;

 31-3                (4)  a ticket-selling agent of a public carrier with

 31-4    respect to accident and health insurance tickets covering risks of

 31-5    travel; [or]

 31-6                (5)  an agent selling credit health and accident

 31-7    insurance issued exclusively in connection with credit

 31-8    transactions, or acting as agent or solicitor for health and

 31-9    accident insurance under a license issued under either Article

31-10    21.07, Article 21.07-1, or Article 21.14, Insurance Code; or

31-11                (6)  a person or the employee of a person who has

31-12    contracted to provide administrative, management, or health care

31-13    services to a health maintenance organization and who is

31-14    compensated for those services by the payment of an amount

31-15    calculated as a percentage of the revenues, net income, or profit

31-16    of the health maintenance organization, if that method of

31-17    compensation is the sole basis for subjecting that person or the

31-18    employee of the person to this section.

31-19          (b)  The Commissioner [State Board of Insurance] may issue a

31-20    license to a person or a corporation to act only as an accident and

31-21    health insurance agent for a legal reserve life insurance company

31-22    or health maintenance organization as provided by this section.

31-23          (c)  Each applicant for a license under this section who

31-24    desires to act as an accident and health [insurance] agent within

31-25    this state shall submit to a personal written examination

31-26    prescribed by the Texas Department [State Board] of Insurance and

31-27    administered in the English or Spanish language to determine the

 32-1    applicant's competency with respect to accident and health

 32-2    insurance and memberships and familiarity with the pertinent

 32-3    [provisions of the health and accident insurance] laws of this

 32-4    state.  Except as provided by Subsection (d) of this section, each

 32-5    applicant must pass the examination to the satisfaction of the

 32-6    Texas Department [State Board] of Insurance.

 32-7          (d)  A written examination is not required of:

 32-8                (1)  an applicant for license under this Section 16 if

 32-9    the applicant has previously been licensed and currently holds on

32-10    the effective date of this section a valid license issued by the

32-11    Texas Department [State Board] of Insurance under Section 15 or

32-12    15A, Texas Health Maintenance Organization Act (Articles 20A.15 and

32-13    20A.15A, Vernon's Texas Insurance Code), as those sections existed

32-14    at any time before January 1, 2000, [either] Article 21.07,

32-15    Insurance Code, this Act, [Article 21.07-1,] or Article 21.14,

32-16    Insurance Code [of this code];

32-17                (2)  an applicant whose license expires less than one

32-18    year before the date of application and who may, in the discretion

32-19    of the Texas Department [State Board] of Insurance, be issued a

32-20    license without written examination, provided the prior expired

32-21    license granted the applicant the right to act as an agent for

32-22    accident and health insurance; or

32-23                (3)  an applicant that is a partnership or corporation;

32-24    provided, however, that a partnership or corporation may be

32-25    licensed hereunder only if it otherwise complies with the

32-26    provisions of Section 4 of this article, but in the application of

32-27    such section to such compensation hereunder, any requirement

 33-1    pertaining to or reference therein to "life insurance" shall be

 33-2    changed and limited to "health and accident coverage [insurance]"

 33-3    only as is intended by the terms of [the] Section 16.

 33-4          (h)  After the Texas Department [State Board] of Insurance

 33-5    determines that an applicant has successfully passed the written

 33-6    examination or is exempt therefrom as provided in Subsection

 33-7    (d)  above, has been appointed to act as an agent by one or more

 33-8    legal reserve life insurance companies or health maintenance

 33-9    organizations, and has paid a nonrefundable license fee not to

33-10    exceed $50 as determined by the department [board], the department

33-11    [board] shall issue a license to such applicant authorizing the

33-12    applicant to act as an accident and health insurance agent for the

33-13    appointing insurance carrier or health maintenance organization.

33-14          (i)  The Commissioner [State Board of Insurance] may appoint

33-15    an advisory committee to make recommendations to the Commissioner

33-16    [State Board of Insurance] relating to the scope, type, and conduct

33-17    of written examinations.  The advisory committee must be composed

33-18    of individuals experienced in the accident and health insurance or

33-19    health maintenance organization business and may include company

33-20    officers, managers and employees, general managers, and licensed

33-21    agents.  The members of the advisory committee shall serve without

33-22    pay.

33-23          (j)  Sections 8, 9, 10, 11, 12, 13, and 14 of this article

33-24    shall apply to accident and health [insurance] agents of a legal

33-25    reserve life insurance company or health maintenance organization

33-26    licensed under this section, but in the application of such

33-27    sections to such agents any requirements, conditions, or references

 34-1    therein to "life insurance" shall be changed and limited to "health

 34-2    and accident coverage" [insurance] only as is intended by the

 34-3    provisions of this section.

 34-4          SECTION 15.  Section 15(a), Texas Health Maintenance

 34-5    Organization Act (Article 20A.15, Vernon's Texas Insurance Code),

 34-6    is amended to read as follows:

 34-7          (a)  A health maintenance organization agent is anyone who

 34-8    represents any health maintenance organization in the solicitation,

 34-9    negotiation, procurement, or effectuation of health maintenance

34-10    organization membership or holds himself or herself out as such.

34-11    No person or other legal entity may perform the acts of a health

34-12    maintenance organization agent within this state unless such person

34-13    or legal entity has a valid health maintenance organization agent's

34-14    license issued pursuant to this Act or has a valid agent's or

34-15    health and accident agent's license issued pursuant to Chapter 213,

34-16    Acts of the 54th Legislature, Regular Session, 1955 (Article

34-17    21.07-1, Vernon's Texas Insurance Code).  The term "health

34-18    maintenance organization agent" shall not include:

34-19                (1)  any regular salaried officer or employee of a

34-20    health maintenance organization or of a licensed health maintenance

34-21    organization agent, who devotes substantially all of his or her

34-22    time to activities other than the solicitation of applications for

34-23    health maintenance organization membership and receives no

34-24    commission or other compensation directly dependent upon the

34-25    business obtained and who does not solicit or accept from the

34-26    public applications for health maintenance organization membership;

34-27                (2)  employers or their officers or employees or the

 35-1    trustees of any employee benefit plan to the extent that such

 35-2    employers, officers, employees, or trustees are engaged in the

 35-3    administration or operation of any program of employee benefits

 35-4    involving the use of membership in a health maintenance

 35-5    organization; provided that such employers, officers, employees, or

 35-6    trustees are not in any manner compensated directly or indirectly

 35-7    by the health maintenance organization issuing such health

 35-8    maintenance organization membership;

 35-9                (3)  banks or their officers and employees to the

35-10    extent that such banks, officers, and employees collect and remit

35-11    charges by charging same against accounts of depositors on the

35-12    orders of such depositors; or

35-13                (4)  any person or the employee of any person who has

35-14    contracted to provide administrative, management, or health care

35-15    services to a health maintenance organization and who is

35-16    compensated for those services by the payment of an amount

35-17    calculated as a percentage of the revenues, net income, or profit

35-18    of the health maintenance organization, if that method of

35-19    compensation is the sole basis for subjecting that person or the

35-20    employee of the person to this section.

35-21          SECTION 16.  Section 15A(a), Texas Health Maintenance

35-22    Organization Act (Article 20A.15A, Vernon's Texas Insurance Code),

35-23    is amended to read as follows:

35-24          (a)  A person acting as an agent for a health maintenance

35-25    organization offering only a single health care service plan who is

35-26    licensed by examination under Article 21.07, Insurance Code, or

35-27    Chapter 213, Acts of the 54th Legislature, Regular Session, 1955

 36-1    (Article 21.07-1, Vernon's Texas Insurance Code), is subject to the

 36-2    licensing requirements provided by this section, and except as

 36-3    specifically provided by this Act or some other law, no other agent

 36-4    licensing requirements apply.  This section applies only to a

 36-5    person licensed to act as an agent for a health maintenance

 36-6    organization offering only a single health care service plan before

 36-7    January 1, 1998.

 36-8          SECTION 17.  (a)  Effective January 1, 2000, Sections 15 and

 36-9    15A, Texas Health Maintenance Organization Act (Articles 20A.15 and

36-10    20A.15A, Vernon's Texas Insurance Code), are repealed.

36-11          (b)  After December 31, 1997, the Texas Department of

36-12    Insurance may not issue or renew a license under Section 15 or 15A,

36-13    Texas Health Maintenance Organization Act (Articles 20A.15 and

36-14    20A.15A, Vernon's Texas Insurance Code), to act as a health

36-15    maintenance organization agent or as an agent for a health

36-16    maintenance organization offering only a single health service

36-17    plan.

36-18          SECTION 18.  Except as provided by Section 17(a) of this Act,

36-19    this Act takes effect September 1, 1997, and applies only to a

36-20    license under Chapter 213, Acts of the 54th Legislature, Regular

36-21    Session, 1955 (Article 21.07-1, Vernon's Texas Insurance Code), to

36-22    act as an agent or as a health and accident agent that is issued or

36-23    renewed on or after January 1, 1998.

36-24          SECTION 19.  The importance of this legislation and the

36-25    crowded condition of the calendars in both houses create an

36-26    emergency and an imperative public necessity that the

36-27    constitutional rule requiring bills to be read on three several

 37-1    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 219 was passed by the House on April

         9, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 219 was passed by the Senate on May

         22, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor