By Counts                                             H.B. No. 1356

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to licensing of funeral prearrangement life insurance

 1-3     agents and to accelerated life insurance benefits.

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

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

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

 1-7     Code), is amended by adding Section 5A to read as follows:

 1-8           Sec. 5A.  FUNERAL PREARRANGEMENT LIFE INSURANCE AGENT.  (a)

 1-9     In this section, "funeral prearrangement life insurance agent"

1-10     means a life insurance agent who, subject to the limitations of

1-11     this section, writes only life insurance policies and fixed annuity

1-12     contracts to secure the delivery of funeral services and

1-13     merchandise under prepaid funeral contracts regulated by the Texas

1-14     Department of Banking under Chapter 512, Acts of the 54th

1-15     Legislature, Regular Session, 1955 (Article 548b, Vernon's Texas

1-16     Civil Statutes).

1-17           (b)  The commissioner shall issue a limited purpose license

1-18     to act as a funeral prearrangement life insurance agent for an

1-19     authorized legal reserve life insurance company to an applicant

1-20     other than a partnership or corporation after receiving

1-21     certification from the insurance company that the applicant has

1-22     completed a course of study and instruction offered by the

1-23     insurance company and passed without aid a written examination

1-24     administered by the insurance company.

 2-1           (c)  The commissioner shall authorize a legal reserve life

 2-2     insurance company to administer a funeral prearrangement life

 2-3     insurance agent examination after the commissioner approves for the

 2-4     insurance company a complete outline and explanation of the course

 2-5     of study and instruction on life insurance and fixed annuities for

 2-6     applicants and the nature and manner of conducting the examination

 2-7     for applicants.  On or before September 1, 1997, the commissioner

 2-8     shall promulgate a uniform examination for applicants fairly

 2-9     addressing the information contained in the approved course of

2-10     study and instruction.

2-11           (d)  The course of study and instruction shall be for five

2-12     (5) hours and shall include instruction on both the policies to be

2-13     sold and the law relating to funeral prearrangement.

2-14           (e)  The commissioner may investigate as necessary the manner

2-15     and method of instruction and examination of each authorized legal

2-16     reserve life insurance company.  The commissioner may at the

2-17     commissioner's discretion withdraw from an insurance company the

2-18     authority to offer instruction and administer an examination.

2-19           (f)  A funeral prearrangement life insurance agent licensed

2-20     under this section may not:

2-21                 (1)  act as an agent for an insurance company unless

2-22     the agent acts under the supervision of a person or corporation who

2-23     holds a license to act as a legal reserve life insurance agent for

2-24     that insurance company and who holds or is an authorized

2-25     representative of the holder of a permit from the Texas Department

2-26     of Banking to sell prepaid funeral benefits under Chapter 512, Acts

2-27     of the 54th Legislature, Regular Session, 1955 (Article 548b,

 3-1     Vernon's Texas Civil Statutes);

 3-2                 (2)  write any coverage or combination of coverages

 3-3     with an initial guaranteed death benefit in excess of $15,000 on

 3-4     any life; or

 3-5                 (3)  act as an agent for more than one insurance

 3-6     company.

 3-7           (g)  The commissioner shall stamp "FUNERAL PREARRANGEMENT

 3-8     LIFE INSURANCE AGENT LICENSE" on a license issued under this

 3-9     section.

3-10           (h)  A license issued under this section to act as an agent

3-11     for an insurance company expires when the license holder ceases to

3-12     act as an agent for that insurance company.  Within fifteen (15)

3-13     days after the license holder ceases to act as an agent for an

3-14     insurance company, the insurance company shall send written

3-15     notification of the expiration of the license to the commissioner.

3-16           (i)  An applicant for or holder of a license issued under

3-17     this section is not subject to the requirements of this article,

3-18     other than the requirements of Sections 5A and 12.

3-19           SECTION 2.  Article 3.50-6, Insurance Code, is amended to

3-20     read as follows:

3-21           Art. 3.50-6.  PAYMENT OF ACCELERATED LIFE INSURANCE BENEFITS

3-22     [DEATH BENEFIT IN EVENT OF TERMINAL ILLNESS OR INJURY].  (a)  In

3-23     this article:

3-24                 (1)  "Accelerated benefit" means a benefit paid to an

3-25     insured in lieu of a portion of a death benefit.

3-26                 (2)  "Death benefit" means a benefit payable to a

3-27     beneficiary on the death of an insured.

 4-1                 (3)  "Long-term care illness" means an illness or

 4-2     physical condition that results in the inability to perform the

 4-3     activities of daily life or the substantial and material duties of

 4-4     any occupation.

 4-5                 (4)  "Specified disease" means an illness or physical

 4-6     condition that is likely to cause permanent disability or premature

 4-7     death, including the following:

 4-8                       (A)  acquired immunodeficiency syndrome (AIDS);

 4-9                       (B)  a malignant tumor;

4-10                       (C)  a condition that requires an organ

4-11     transplant; and

4-12                       (D)  a coronary artery disease that results in

4-13     acute infarction or requires surgery.

4-14                 (5)  "Terminal illness" means an illness or physical

4-15     condition, including a physical injury, that can reasonably be

4-16     expected to result in death within two years.

4-17           (b)  An insurance company may pay an accelerated benefit

4-18     under an individual or [a] group term life insurance policy or

4-19     certificate if:

4-20                 (1)  the company has received a written medical

4-21     opinion, satisfactory to the company, that the insured has a [is

4-22     not expected to continue living for more than 12 months because of]

4-23     terminal illness, a long-term care illness, or a specified disease

4-24     [or injury]; and

4-25                 (2)  [the amount of the accelerated benefit does not

4-26     exceed the greater of $25,000 or 50 percent of the amount of the

4-27     death benefit payable under the policy or certificate; and]

 5-1                 [(3)]  the amount of the accelerated benefit is

 5-2     deducted from the amount of the death benefit payable under the

 5-3     policy or certificate and from any amount the insured would

 5-4     otherwise be entitled to convert to an individual contract.

 5-5           (c)  The commissioner may adopt rules to implement this

 5-6     article.

 5-7           SECTION 3.  Article 3.50-6, Insurance Code, as amended by

 5-8     this Act, applies only to a policy or contract that is delivered,

 5-9     issued for delivery, or renewed on or after September 1, 1997.  A

5-10     policy or contract that is delivered, issued for delivery, or

5-11     renewed before September 1, 1997, is governed by the law as it

5-12     existed immediately before that date, and that law is continued in

5-13     effect for that purpose.

5-14           SECTION 4.  The importance of this legislation and the

5-15     crowded condition of the calendars in both houses create an

5-16     emergency and an imperative public necessity that the

5-17     constitutional rule requiring bills to be read on three several

5-18     days in each house be suspended, and this rule is hereby suspended,

5-19     and that this Act take effect and be in force from and after its

5-20     passage, and it is so enacted.