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.