By Counts H.B. No. 1552
75R4892 PB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the commissioner of insurance to adopt
1-3 rules for general application.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 1.03A, Insurance Code, is amended to read
1-6 as follows:
1-7 Art. 1.03A. Rules for General Application. (a) The
1-8 commissioner [Commissioner] may adopt rules [and regulations] for
1-9 the conduct and execution of the duties and functions of the
1-10 department only as authorized by a statute. Rules [and
1-11 regulations] adopted in accordance with this subsection must be for
1-12 general and uniform application and shall be published by the
1-13 commissioner [Commissioner] on the basis of a systematic
1-14 organization of the [such] rules by their subject matter and
1-15 content.
1-16 (b) The [Such] published rules shall be kept current and
1-17 shall be available in a form convenient to all interested persons.
1-18 (c) Each rule adopted under this article must be written in
1-19 clear and concise language.
1-20 (d) Each rule adopted under this article must state the
1-21 subject matter to be regulated and the specific statutory authority
1-22 for the rule. The use of this article or any other provision of
1-23 this code as general authority for the commissioner to adopt rules
1-24 is not sufficient to satisfy the requirements of this subsection.
2-1 A rule adopted by the commissioner that does not comply with the
2-2 requirements of this article is void.
2-3 SECTION 2. This Act takes effect September 1, 1997, and
2-4 applies only to a rule adopted by the commissioner of insurance on
2-5 or after that date.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.