Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Lewis of Tarrant H.B. No. 3147
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing of insurance agents.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 20, Article 21.14, Insurance Code, is
1-5 amended to read as follows:
1-6 Sec. 20. Life, health and accident, inapplicable to; other
1-7 exceptions. No provisions of this article shall apply to the Life,
1-8 Health and Accident Insurance business or the Life, Health and
1-9 Accident Department of the companies engaged therein, nor shall it
1-10 apply to any of the following, namely:
1-11 (a) Any actual full-time home office salaried employee of
1-12 any insurance carrier licensed to do business in Texas.
1-13 (b) Any actual attorney in fact and its actual traveling
1-14 salaried representative as to business transacted through such
1-15 attorney in fact or salaried representative of any reciprocal
1-16 exchange or interinsurance exchange admitted to do business in
1-17 Texas.
1-18 (c) Any adjuster of losses, and/or inspector of risks, for
1-19 an insurance carrier licensed to do business in Texas.
1-20 (d) Any General Agent or State Agent or Branch Manager
1-21 representing an admitted and licensed insurance company or carrier,
1-22 or insurance companies or carriers, in a supervisory capacity.
1-23 (e) The actual attorney in fact for any Lloyds.
1-24 (f) All incorporated or unincorporated mutual insurance
2-1 companies, their agents and representatives, organized and/or
2-2 operating under and by authority of Chapters 16 and 17 of this
2-3 code.
2-4 (g) Nothing in this entire article shall ever be construed
2-5 to apply to any member, agent, employee, or representative of any
2-6 county or farm mutual insurance company as exempted under Chapters
2-7 16 and 17 of code.
2-8 (h) Nothing in this article shall apply to the group motor
2-9 vehicle insurance business or the group motor vehicle department of
2-10 the companies engaged in that business.
2-11 (i) Salaried employees not involved in solicitation or
2-12 negotiation of insurance in the office of a local recording agent
2-13 who devote their full time to clerical and administrative services
2-14 including the incidental taking of information from customers and
2-15 receipt of premiums in the office of the local recording agent, as
2-16 long as the employees do not receive any commissions and their
2-17 compensation is not varied by the volume of premiums taken and
2-18 received.
2-19 SECTION 2. This Act takes effect September 1, 1997.
2-20 SECTION 3. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and the imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended.