By Lewis of Tarrant H.B. No. 3232
75R9343 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain employees of local recording 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 INSURANCE, INAPPLICABLE
1-7 TO; OTHER EXCEPTIONS. No provisions of this article shall apply to
1-8 the Life, Health and Accident Insurance business or the Life,
1-9 Health and Accident Department of the companies engaged therein,
1-10 nor shall it apply to any of the following, namely:
1-11 (a) Any actual full-time home office salaried employee
1-12 of any insurance carrier licensed to do business in Texas.
1-13 (b) Any actual attorney in fact and its actual
1-14 traveling salaried representative as to business transacted through
1-15 such 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,
1-19 for 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
2-1 insurance companies, their agents and representatives, organized
2-2 and/or operating under and by authority of Chapters 16 and 17 of
2-3 this code.
2-4 (g) Nothing in this entire article shall ever be
2-5 construed to apply to any member, agent, employee, or
2-6 representative of any county or farm mutual insurance company as
2-7 exempted under Chapters 16 and 17 of this code.
2-8 (h) Nothing in this article shall apply to the group
2-9 motor vehicle insurance business or the group motor vehicle
2-10 department of the companies engaged in that business.
2-11 (i) This article does not apply to a salaried employee
2-12 in the office of a local recording agent who:
2-13 (1) is not involved in solicitation or
2-14 negotiation of insurance;
2-15 (2) devotes the employee's full time to clerical
2-16 and administrative services, which may include the incidental
2-17 taking of information from customers and receipt of premiums in the
2-18 office of the local recording agent; and
2-19 (3) does not receive commissions and whose
2-20 compensation does not vary as a result of the volume of premiums
2-21 taken or received.
2-22 SECTION 2. This Act takes effect September 1, 1997.
2-23 SECTION 3. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.