75R11712 PB-F                           

         By Turner of Coleman                                  H.B. No. 2221

         Substitute the following for H.B. No. 2221:

         By Lewis of Tarrant                               C.S.H.B. No. 2221

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to limitations on the amount of life insurance risk that

 1-3     may be written by certain agents of or assumed by a  stipulated

 1-4     premium insurance company.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 3, Article 21.07, Insurance Code, is

 1-7     amended to read as follows:

 1-8           Sec. 3.  ISSUANCE OF LICENSE UNDER CERTAIN CIRCUMSTANCES.

 1-9     The commissioner [State Board of Insurance] shall issue a license

1-10     to a person or corporation in such form as the department [it] may

1-11     prepare authorizing such applicant to write the types of insurance

1-12     authorized by law to be issued by applicant's appointing insurance

1-13     carrier, except that:

1-14           (a)  Such applicant shall not be authorized to write health

1-15     and accident insurance unless:  (i) applicant, if not a partnership

1-16     or corporation, shall have first passed a written examination as

1-17     provided for in this Article 21.07, as amended, or (ii) applicant

1-18     will act only as a ticket-selling agent of a public carrier with

1-19     respect to accident life insurance covering risks of travel or as

1-20     an agent selling credit life, health and accident insurance issued

1-21     exclusively in connection with credit transactions, or (iii)

1-22     applicant will write policies or riders to policies providing only

1-23     lump sum cash benefits in the event of the accidental death, or

1-24     death by accidental means, or dismemberment, or providing only

 2-1     ambulance expense benefits in the event of accident or sickness;

 2-2     and

 2-3           (b)  Such applicant, if not a partnership or corporation,

 2-4     shall not be authorized to write life insurance in excess of

 2-5     $10,000 [$7,500] upon any one life unless:  (i) applicant, if not a

 2-6     partnership or corporation, shall have first passed a written

 2-7     examination as provided for in this Article 21.07, as amended, or

 2-8     (ii) applicant will act only as a ticket-selling agent of a public

 2-9     carrier with respect to accident life insurance covering risks of

2-10     travel or as an agent selling credit life, health and accident

2-11     insurance issued exclusively in connection with credit

2-12     transactions, or (iii) applicant will write policies or riders to

2-13     policies providing only lump sum cash benefits in the event of the

2-14     accidental death, or death by accidental means, or dismemberment,

2-15     or providing only ambulance expense benefits in the event of

2-16     accident or sickness.

2-17           SECTION 2.  Section 4A, Article 21.07, Insurance Code, is

2-18     amended to read as follows:

2-19           Sec. 4A.  EXAMINATION OF APPLICANT FOR LICENSE TO WRITE LIFE

2-20     INSURANCE UPON ANY ONE LIFE IN EXCESS OF $10,000 [$7,500].  (a)

2-21     Each applicant for a license under the provisions of this Article

2-22     21.07, Insurance Code, as amended, who desires to write life

2-23     insurance in excess of $10,000 [$7,500] upon any one life, other

2-24     than as excepted in Section 3 of this Article 21.07, within this

2-25     state shall submit to a personal written examination prescribed by

2-26     the commissioner [State Board of Insurance] and administered in the

2-27     English or Spanish language to determine the applicant's [his]

 3-1     competency with respect to life insurance and the applicant's [his]

 3-2     familiarity with the pertinent provisions of the laws of the State

 3-3     of Texas relating to life insurance and shall pass the same to the

 3-4     satisfaction of the commissioner [State Board of Insurance];

 3-5     except that no written examination shall be required of an

 3-6     applicant that is a partnership or corporation.

 3-7           (b)(i)  The commissioner [State Board of Insurance] shall,

 3-8     within sixty (60) days from the effective date of this Act,

 3-9     establish reasonable rules and regulations with respect to the

3-10     scope, type and conduct of such written examination and the times

3-11     and places within this State where such examinations shall be held.

3-12     The rules and regulations of the commissioner [State Board of

3-13     Insurance] shall designate textbooks, manuals and other materials

3-14     to be studied by applicants in preparation for examination pursuant

3-15     to this Section.  Such textbooks, manuals and other materials may

3-16     consist of matter available to applicants by purchase from the

3-17     publisher or may consist of matter prepared at the direction of the

3-18     commissioner [State Board of Insurance] and distributed to

3-19     applicants upon request therefor and payment of the reasonable cost

3-20     thereof.  All examination questions shall be prepared from the

3-21     contents of the textbooks, manuals and other materials designated

3-22     or prepared by the commissioner [State Board of Insurance] pursuant

3-23     to this Section.  Unless the commissioner [State Board of

3-24     Insurance]  accepts a qualifying examination administered by a

3-25     testing service, as provided under Article 21.01-1, Insurance Code,

3-26     as amended, the commissioner [State Board of Insurance] shall

3-27     charge each  applicant a fee in an amount not to exceed $20.00 for

 4-1     the privilege of taking such written examination and which fee

 4-2     shall not be returned under any circumstance other than for failure

 4-3     to appear and take the examination after the applicant has given at

 4-4     least 24 hours' notice of an emergency situation to the

 4-5     commissioner [State Board of Insurance] and received the [board]

 4-6     approval of the commissioner.  A new examination fee shall be  paid

 4-7     for each and every examination.

 4-8                 (ii)  The commissioner [State Board of Insurance] may

 4-9     also establish reasonable rules and regulations whereby, in the

4-10     discretion of the commissioner [State Board of Insurance], any

4-11     insurance carrier may be permitted to conduct written examinations

4-12     for its agents, subject to such reasonable conditions, requirements

4-13     and standards as the commissioner [State Board of Insurance] shall

4-14     require and establish as a predicate for the granting of such

4-15     authority and for the reasonable supervision, examination and

4-16     inspection of each such carrier's procedures in giving examinations

4-17     to its agents, but provided further that such authority so granted

4-18     to any insurance carrier to give such examinations may be

4-19     terminated by the commissioner [State Board of Insurance] on notice

4-20     and hearing if it shall find that such authorized insurance carrier

4-21     shall have violated the conditions, requirements and standards

4-22     required of such carrier to qualify to conduct written

4-23     examinations.

4-24           (c)  After the commissioner determines [State Board of

4-25     Insurance shall determine] that such applicant has successfully

4-26     passed the written  examination or it has been waived, the

4-27     commissioner [State Board of Insurance] shall forthwith issue a

 5-1     license to such applicant which shall also authorize such applicant

 5-2     to write life insurance upon any one life in excess of $10,000

 5-3     [$7,500] for the designated insurance carrier.

 5-4           (d)  The commissioner [State Board of Insurance] is hereby

 5-5     authorized in its sole discretion to appoint an Advisory Board to

 5-6     make recommendations to it with respect to the scope, type and

 5-7     conduct of written examinations and the Advisory Board, if so

 5-8     appointed, shall consist of individuals experienced in the life

 5-9     insurance business and may include company officers, managers and

5-10     employees, general managers and licensed agents.  The members of

5-11     the Advisory Board shall serve without pay.

5-12           (e)  When any license shall be issued by the commissioner

5-13     [State Board of Insurance] to an applicant entitled to write life

5-14     insurance upon any one life in excess of $10,000 [$7,500], the

5-15     license shall have stamped thereon the words, "Life Insurance in

5-16     Excess of $10,000 [$7,500]."

5-17           SECTION 3.  Article 21.07, Insurance Code, is amended by

5-18     adding Section 15A to read as  follows:

5-19           Sec. 15A.  CERTAIN AGENTS FOR STIPULATED PREMIUM COMPANIES.

5-20     A person or corporation that holds a license issued under Chapter

5-21     213, Acts of the 54th Legislature, Regular Session, 1955 (Article

5-22     21.07-1, Vernon's Texas Insurance Code), is entitled to write life

5-23     insurance under that license for a stipulated premium company

5-24     without obtaining a license under this article.  A stipulated

5-25     premium company may appoint as its agent a person or corporation

5-26     that holds a license under Chapter 213, Acts of the 54th

5-27     Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas

 6-1     Insurance Code).

 6-2           SECTION 4.  Article 22.07, Insurance Code, is amended by

 6-3     adding Section 3 to read as follows:

 6-4           Sec. 3.  If the surplus of a stipulated premium company is at

 6-5     least Fifty Thousand Dollars ($50,000.00) but less than Two Hundred

 6-6     Thousand Dollars ($200,000.00), the stipulated premium company

 6-7     shall reinsure the insurance amount that exceeds Ten Thousand

 6-8     Dollars ($10,000.00) on a life insurance risk on any one life.

 6-9           SECTION 5.  Section 1(b), Article 22.13, Insurance Code, is

6-10     amended to read as follows:

6-11           (b)  Except as otherwise provided by this subsection, it [It]

6-12     shall be unlawful for any stipulated premium company to assume

6-13     liability on a life insurance risk on any one life in an amount in

6-14     excess of Ten Thousand Dollars ($10,000.00).  If a stipulated

6-15     premium company assumes a  life insurance risk under a life

6-16     insurance policy, the initial death benefit of Ten Thousand Dollars

6-17     ($10,000.00) or less may increase to an amount greater than Ten

6-18     Thousand Dollars ($10,000.00).  For a policy in which the death

6-19     benefit subsequent to issuance exceeds Ten Thousand Dollars

6-20     ($10,000.00), the death benefit at the end of each policy year may

6-21     not exceed the greater of the maximum increase as specified in the

6-22     policy, compounded annually, or the CPI-U, compounded annually.

6-23     The maximum increase that may be specified in a life insurance

6-24     policy subject to this article is five percent, compounded

6-25     annually.  For purposes of this subsection, the CPI-U for a given

6-26     calendar year is the consumer price index for all urban consumers

6-27     for all items and for all regions of the United States, combined as

 7-1     determined by the United States Department of Labor, Bureau of

 7-2     Labor Statistics, on September 30 of the prior calendar year.

 7-3           SECTION 6.  Article 22.23(a), Insurance Code, is amended to

 7-4     read as follows:

 7-5           (a)  Each stipulated premium company possessing capital and

 7-6     unencumbered surplus of at least the combined total sum of

 7-7     $100,000.00 may issue policies of life insurance as authorized and

 7-8     permitted under the provisions of Chapter Three of this Insurance

 7-9     Code provided that:

7-10                 (1)  no individual life shall be insured for more than

7-11     $10,000.00, except as provided by Section 1(b), Article 22.13, of

7-12     this code or Article 22.23A of this code;

7-13                 (2)  each such policy shall be reserved and reinsured

7-14     as required under the provisions of Chapter Three of this Insurance

7-15     Code; and

7-16                 (3)  each such life policy shall be issued only upon an

7-17     endowment or limited pay basis.

7-18           SECTION 7.  This Act takes effect September 1, 1997, and

7-19     applies only to an insurance policy that is delivered, issued for

7-20     delivery, or renewed on or after January 1, 1998.  A policy that is

7-21     delivered, issued for delivery, or renewed before January 1, 1998,

7-22     is governed by the law as it existed immediately before the

7-23     effective date of this Act, and that law is continued in effect for

7-24     that purpose.

7-25           SECTION 8.  The importance of this legislation and the

7-26     crowded condition of the calendars in both houses create an

7-27     emergency and an imperative public necessity that the

 8-1     constitutional rule requiring bills to be read on three several

 8-2     days in each house be suspended, and this rule is hereby suspended.