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.