Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Smithee                                      H.B. No. 3391

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the licensing of banks as insurance agents; providing a

 1-3     penalty.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subsections (a) and (b), Section 1, Article

 1-6     21.07, Insurance Code, are amended to read as follows:

 1-7           (a)  No person, [or] corporation, or bank shall act as an

 1-8     agent of any (i) local mutual aid association, (ii) local mutual

 1-9     burial association, (iii) statewide mutual assessment corporation,

1-10     (iv) stipulated premium company, (v) county mutual insurance

1-11     company, (vi) casualty company writing accident and health

1-12     insurance, or (vii) any other type of insurance carrier licensed to

1-13     do business in the State of Texas and which insurance carrier's

1-14     agents are required to be licensed under the provisions of this

1-15     Article [21.07, Texas Insurance Code, 1951, as amended], on the

1-16     date that this Act shall become effective, unless he or it shall

1-17     have first procured a license from the department [State Board of

1-18     Insurance] as in this Article [21.07, as amended hereby], is

1-19     provided, and no such insurance carrier shall appoint any person,

1-20     [or] corporation, or bank to act as its agent unless such person,

1-21     [or] corporation, or bank shall have obtained a license under the

1-22     provisions of this Article, and no such person, [or] corporation,

1-23     or bank who obtains a license shall engage in business as an agent

1-24     until he or it shall have been appointed to act as an agent by some

 2-1     duly authorized insurance carrier designated by the provisions of

 2-2     this Article [21.07] and authorized to do business in the State of

 2-3     Texas.  Any person, [or] corporation, or bank desiring to act as an

 2-4     agent of any insurance carrier licensed to do business in the State

 2-5     of Texas and writing health and accident insurance may obtain a

 2-6     separate license as an agent to write health and accident insurance

 2-7     provided such person, [or] corporation, or bank complies with the

 2-8     provisions of this Article and has been appointed to act as an

 2-9     agent by some duly authorized insurance carrier authorized to do

2-10     health and accident insurance business in the State of Texas.

2-11           (b)  No insurer or licensed insurance agent doing business in

2-12     this State shall pay directly or indirectly any commission, or

2-13     other valuable consideration, to any person, [or] corporation, or

2-14     bank for services as an insurance agent within this State, unless

2-15     such person, [or] corporation, or bank shall hold a currently valid

2-16     license to act as an insurance agent as required by the laws of

2-17     this State; nor shall any person, [or] corporation, or bank other

2-18     than a duly licensed insurance agent, accept any such commission or

2-19     other valuable consideration; provided, however, that the

2-20     provisions of this Section shall not prevent the payment or receipt

2-21     of renewal or other deferred commissions to or by any person solely

2-22     because such person, [or] corporation, or bank has ceased to hold a

2-23     license to act as an insurance agent.

2-24           SECTION 2.  Article 21.07, Insurance Code, is amended by

2-25     adding Section 1C to read as follows:

2-26           Sec. 1C.  LICENSING OF BANKS.  In this Article, "bank" means

2-27     a national banking association organized and existing under the

2-28     National Bank Act (12 U.S.C. Section 21 et seq.), a state bank

2-29     organized and existing under the Texas Banking Act (Articles

2-30     342-1.001 et seq., Vernon's Texas Civil Statutes), a state savings

 3-1     bank organized and existing under the Texas Savings Bank Act

 3-2     (Article 489e, Vernon's Texas Civil Statutes), a bank branch, or a

 3-3     bank operating subsidiary, located in this state in a municipality

 3-4     or county with a population of 5,000 or less.  A bank located in a

 3-5     municipality or county with a population of 5,000 or less may own

 3-6     at least 51 percent of a licensed corporate agent which is also

 3-7     located in and doing business in a municipality or county with a

 3-8     population of 5,000 or less, and is subject to the provisions of

 3-9     Section 18(c) of this Article.

3-10           SECTION 3.  Sections 2 and 3, Article 21.07, Insurance Code,

3-11     are amended to read as follows:

3-12           Sec. 2.  Application for license; to whom license may be

3-13     issued.  (a)  Any person, [or] corporation, or bank that desires to

3-14     become an agent for a local mutual aid association, a local mutual

3-15     burial association, a statewide mutual assessment corporation, a

3-16     stipulated premium company, a county mutual insurance company, a

3-17     casualty company writing accident and health insurance, or any

3-18     other type of insurance carrier licensed to do business in the

3-19     State of Texas, the agents of which are required to be licensed

3-20     under this Article, shall submit to the department [State Board of

3-21     Insurance] an application for a license in the form required by the

3-22     department [Board].

3-23           (b)  The application must bear a signed endorsement by an

3-24     officer or properly authorized representative of the insurance

3-25     carrier that the individual applicant or each member of the

3-26     partnership or each officer, director, and shareholder of the

3-27     corporation or the responsible officer and employee of the bank is

3-28     qualified to hold himself or the partnership, [or] the corporation,

3-29     or the bank out in good faith to the general public as an insurance

3-30     agent, and that the insurance carrier desires that the applicant

 4-1     act as an insurance agent to represent it in this State.

 4-2           (c)  The department [Board] shall issue a license to an

 4-3     individual or to a general partnership engaging in the business of

 4-4     insurance.  Each partner in the partnership must be licensed

 4-5     individually as an agent under this Article.

 4-6           (d)  The department [Board] shall issue a license to a

 4-7     corporation if the department [Board] finds:

 4-8                 (1)  That the corporation is a Texas corporation

 4-9     organized or existing under the Texas Business Corporation Act or

4-10     the Texas Professional Corporation Act (Article 1528e, Vernon's

4-11     Texas Civil Statutes) having its principal place of business in the

4-12     State of Texas and having as one of its purposes the authority to

4-13     act as an agent covered by this Article;

4-14                 (2)  That every officer, director, and shareholder of

4-15     the corporation is individually licensed under the provisions of

4-16     this Article, or that every officer and director of the corporation

4-17     is individually licensed under this Article, that the corporation

4-18     is a wholly owned subsidiary of a parent corporation that is

4-19     licensed under this Article, and that every shareholder of the

4-20     parent corporation is individually licensed under this Article; and

4-21                 (3)  That such corporation will have the ability to pay

4-22     any sums up to $25,000 which it might become legally obligated to

4-23     pay on account of any claim made against it by any customer and

4-24     caused by any negligent act, error, or omission of the corporation

4-25     or any person for whose acts the corporation is legally liable in

4-26     the conduct of its business under this Article.  The term

4-27     "customer" means any person, firm, or corporation to whom such

4-28     corporation sells or attempts to sell a policy of insurance, or

4-29     from whom such corporation accepts an application for insurance.

4-30     Such ability shall be proven in one of the following ways:

 5-1                       (A)  an errors and omissions policy insuring such

 5-2     corporation against errors and omissions in at least the sum of

 5-3     $100,000 with no more than a $10,000 deductible feature issued by

 5-4     an insurance company licensed to do business in the State of Texas

 5-5     or, if a policy cannot be obtained from a company licensed to do

 5-6     business in Texas, a policy issued by a company not licensed to do

 5-7     business in Texas on filing an affidavit with the State Board of

 5-8     Insurance stating the inability to obtain coverage and receiving

 5-9     the Board's approval;

5-10                       (B)  a bond executed by such corporation as

5-11     principal and a surety company authorized to do business in this

5-12     State, as surety, in the principal sum of $25,000, payable to the

5-13     State Board of Insurance for the use and benefit of customers of

5-14     such corporation, conditioned that such corporation shall pay any

5-15     final judgment recovered against it by any customer; or

5-16                       (C)  a deposit of cash or securities of the class

5-17     authorized by Articles 2.08 and 2.10, Insurance Code, as amended,

5-18     having a fair market value of $25,000 with the State Treasurer.

5-19     The State Treasurer is directed to accept and receive such deposit

5-20     and hold it exclusively for the protection of any customer of such

5-21     corporation recovering a final judgment against such corporation.

5-22     Such deposit may be withdrawn only upon filing with the Board

5-23     evidence satisfactory to it that the corporation has withdrawn from

5-24     business and has no unsecured liabilities outstanding, or that such

5-25     corporation has provided for the protection of its customers by

5-26     furnishing an errors and omissions policy or a bond as provided.

5-27     Securities so deposited may be exchanged from time to time for

5-28     other qualified securities.

5-29           A binding commitment to issue such a policy or bond, or the

5-30     tender of such securities, shall be sufficient in connection with

 6-1     any application for license.

 6-2           Nothing contained herein shall be construed to permit any

 6-3     unlicensed employee or agent of any corporation to perform any act

 6-4     of an agent under this Article without obtaining a license.

 6-5           If at any time, any corporation holding an agent's license

 6-6     does not maintain the qualifications necessary to obtain a license,

 6-7     the license of such corporation to act as an agent shall be

 6-8     cancelled or denied in accordance with the provisions of Sections

 6-9     10 and 11 of this Article; provided, however, that should any

6-10     person who is not a licensed agent under this Article acquire

6-11     shares in such a corporation by devise or descent, that person

6-12     shall have a period of 90 days from date of acquisition within

6-13     which to obtain a license or to dispose of the shares to a person

6-14     licensed under this Article.

6-15           Should such an unlicensed person acquire shares in a

6-16     corporation and not dispose of them within a period of 90 days to a

6-17     licensed agent, then they must be purchased by the corporation for

6-18     their book value, that is, the value of said shares of stock as

6-19     reflected by the regular books and records of said corporation, as

6-20     of the date of the acquisition of said shares by said unlicensed

6-21     person.  Should the corporation fail or refuse to so purchase such

6-22     shares, its license shall be cancelled.

6-23           Any such corporation shall have the power to redeem the

6-24     shares of any shareholder, or the shares of a deceased shareholder,

6-25     upon such terms as may be agreed upon by the board of directors and

6-26     such shareholder or such shareholder's personal representative, or

6-27     at a price and upon such terms as may be provided in the articles

6-28     of incorporation, the bylaws, or an existing contract entered into

6-29     between the shareholders of the corporation.

6-30           Each corporation licensed as an agent under this Article

 7-1     shall file, under oath, a list of the names and addresses of all of

 7-2     its officers, directors, and shareholders with its application for

 7-3     renewal license.

 7-4           Each corporation shall notify the State Board of Insurance

 7-5     upon any change in its officers, directors, or shareholders not

 7-6     later than the 30th day after the date on which the change becomes

 7-7     effective.

 7-8           Except as provided by Subdivision (2) of this subsection, a

 7-9     corporation may not own any interest in another corporation

7-10     licensed under this Article, and each owner of an interest in a

7-11     corporation licensed under this Article shall be a natural person

7-12     who holds a valid license issued under this Article.

7-13           (e)  The department shall issue a license to a bank if the

7-14     department finds:

7-15                 (1)  That the bank is a national banking association

7-16     organized and existing under the National Bank Act (12 U.S.C.

7-17     Section 21 et seq.), a state bank organized and existing under the

7-18     Texas Banking Act (Article 342-1.001 et seq., Vernon's Texas Civil

7-19     Statutes), a state savings bank organized and existing under the

7-20     Texas Savings Bank Act (Article 489e, Vernon's Texas Civil

7-21     Statutes), or a bank operating subsidiary, located in this State in

7-22     a municipality or county with a population of 5,000 or less;

7-23                 (2)  That at least one officer of the bank and each

7-24     individual who will be performing any acts as an agent for the bank

7-25     is individually licensed under the provisions of this Article; and

7-26                 (3)  That such bank will have the ability to pay any

7-27     sums up to $25,000 which it might become legally obligated to pay

7-28     on account of any claim made against it by any customer and caused

7-29     by any negligent act, error, or omission of the bank or any person

7-30     for whose acts the bank is legally liable in the conduct of its

 8-1     business under this Article.  The term "customer" means any person,

 8-2     firm, or corporation to whom such bank sells or attempts to sell a

 8-3     policy of insurance or from whom such bank accepts an application

 8-4     for insurance.  Such ability shall be proven in one of the

 8-5     following ways:

 8-6                       (A)  an errors and omissions policy ensuring such

 8-7     bank against errors and omissions in at least the sum of $100,000

 8-8     with no more than a $10,000 deductible feature issued by an

 8-9     insurance company licensed to do business in the State of Texas or,

8-10     if a policy cannot be obtained from a company licensed to do

8-11     business in Texas, a policy issued by a company not licensed to do

8-12     business in Texas on filing an affidavit with the department

8-13     stating the inability to obtain coverage and receiving the

8-14     department's approval;

8-15                       (B)  a bond executed by such bank as principal

8-16     and a surety company authorized to do business in this State, as

8-17     surety, in the principal sum of $25,000, payable to the department

8-18     for the use and benefit of customers of such bank, conditioned that

8-19     such bank shall pay any final judgment recovered against it by any

8-20     customer; or

8-21                       (C)  a deposit of cash or securities of the class

8-22     authorized by Articles 2.08 and 2.10 of this code, having a fair

8-23     market value of $25,000 with the comptroller.  The comptroller is

8-24     directed to accept and receive such deposit and hold it exclusively

8-25     for the protection of any customer of such bank recovering a final

8-26     judgment against such bank.  Such deposit may be withdrawn only on

8-27     filing with the department evidence satisfactory to it that the

8-28     bank has withdrawn from the business of insurance and has no

8-29     unsecured liabilities outstanding or that such bank has provided

8-30     for the protection of its customers by furnishing an errors and

 9-1     omissions policy or a bond as provided.  Securities so deposited

 9-2     may be exchanged from time to time for other qualified securities.

 9-3           A binding commitment to issue such a policy or bond, or the

 9-4     tender of such securities, shall be sufficient in connection with

 9-5     any application for license.

 9-6           Nothing contained herein shall be construed to permit any

 9-7     unlicensed employee or agent of any bank to perform any act of an

 9-8     agent under this Article without obtaining a license.

 9-9           A bank licensed as an agent under this Article may have

9-10     additional offices from which the business of insurance is

9-11     conducted only in a municipality or county with a population of

9-12     5,000 or less and must comply with the department's regulations

9-13     regarding additional offices.

9-14           A bank licensed as an agent under this Article must maintain

9-15     the insurance records of the bank, including all files relating to

9-16     customer complaints, separate and apart from records relating to

9-17     banking transactions of the bank.

9-18           If at any time, any bank holding an agent's license does not

9-19     maintain the qualifications necessary to obtain a license, the

9-20     license of such bank to act as an agent shall be canceled or denied

9-21     in accordance with the provisions of Sections 10 and 11 of this

9-22     Article.

9-23           Each bank licensed as an agent under this Article shall file

9-24     under oath with its application for renewal a list of the names and

9-25     addresses of all individuals who will be acting as agents on behalf

9-26     of the bank and all officers and directors of the bank, as defined

9-27     in Article 21.02 of this code, and other biographical information

9-28     as required by the department.

9-29           Each bank shall notify the department on any change in its

9-30     officers and directors, and any change in other persons who will be

 10-1    acting as agents, as defined in Article 21.02 of this code, and

 10-2    submit biographical information on such officers, directors, and

 10-3    persons as required by the department not later than the 30th day

 10-4    after the date on which the change becomes effective.

 10-5          Sec. 3.  Issuance of License Under Certain Circumstances.

 10-6    The department [State Board of Insurance] shall issue a license to

 10-7    a person, [or] corporation, or bank in such form as it may prepare

 10-8    authorizing such applicant to write the types of insurance

 10-9    authorized by law to be issued by applicant's appointing insurance

10-10    carrier, except that:

10-11          (a)  Such applicant shall not be authorized to write health

10-12    and accident insurance unless:  (i) applicant, if not a

10-13    partnership, [or] corporation, or bank shall have first passed a

10-14    written examination as provided for in this Article [21.07, as

10-15    amended], or (ii) applicant will act only as a ticket-selling agent

10-16    of a public carrier with respect to accident life insurance

10-17    covering risks of travel or as an agent selling credit life, health

10-18    and accident insurance issued exclusively in connection with credit

10-19    transactions, or (iii) applicant will write policies or riders to

10-20    policies providing only lump sum cash benefits in the event of the

10-21    accidental death, or death by accidental means, or dismemberment,

10-22    or providing only ambulance expense benefits in the event of

10-23    accident or sickness; and

10-24          (b)  Such applicant, if not a partnership, [or] corporation,

10-25    or bank shall not be authorized to write life insurance in excess

10-26    of $7,500 upon any one life unless:  (i) applicant, if not a

10-27    partnership, [or] corporation, or bank shall have first passed a

10-28    written examination as provided for in this Article [21.07, as

10-29    amended], or (ii) applicant will act only as a ticket-selling agent

10-30    of a public carrier with respect to accident life insurance

 11-1    covering risks of travel or as an agent selling credit life, health

 11-2    and accident insurance issued exclusively in connection with credit

 11-3    transactions, or (iii) applicant will write policies or riders to

 11-4    policies providing only lump sum cash benefits in the event of the

 11-5    accidental death, or death by accidental means, or dismemberment,

 11-6    or providing only ambulance expense benefits in the event of

 11-7    accident or sickness.

 11-8          SECTION 4.  Subsection (a), Section 4, Article 21.07,

 11-9    Insurance Code, is amended to read as follows:

11-10          (a)  Each applicant for a license under the provisions of

11-11    this Article [21.07, Texas Insurance Code, 1951, as amended,] who

11-12    desires to write health and accident insurance, other than as

11-13    excepted in Section 3 of this Article [21.07], within this State

11-14    shall submit to a personal written examination prescribed by the

11-15    department [State Board of Insurance] and administered in the

11-16    English or Spanish language to determine his competency with

11-17    respect to health and accident insurance, specifically including

11-18    medicare supplement insurance, and his familiarity with the

11-19    pertinent provisions of the laws of the State of Texas relating to

11-20    health and accident insurance, specifically including medicare

11-21    supplement insurance, and shall pass the same to the satisfaction

11-22    of the department [State Board of Insurance]; except that no

11-23    written examination shall be required of:

11-24                (i)  An applicant for the renewal of a license issued

11-25    by the department [State Board of Insurance] pursuant to this

11-26    Article [21.07, Texas Insurance Code, 1951, as amended], which is

11-27    currently in force at the effective date of this Act;

11-28                (ii)  An applicant whose license expired less than one

11-29    year prior to the date of application may, in the discretion of the

11-30    department [State Board of Insurance], be issued a license without

 12-1    written examination, provided such prior license granted such

 12-2    applicant the right to sell health and accident insurance; or

 12-3                (iii)  An applicant that is a partnership, [or]

 12-4    corporation, or bank.

 12-5          SECTION 5.  Sections 12, 13, and 16, Article 21.07, Insurance

 12-6    Code, are amended to read as follows:

 12-7          Sec. 12.  Penalty.  Any person or officer, director, or

 12-8    shareholder of a corporation or bank required to be licensed by

 12-9    this Article who individually, or as an officer or employee of an

12-10    insurance carrier, or other corporation, wilfully violates any of

12-11    the provisions of this Article shall, in addition to any other

12-12    penalty specifically provided, be guilty of a misdemeanor and, upon

12-13    conviction, shall be fined not more than $500.00 or imprisoned not

12-14    more than six (6) months, or both, each such violation being a

12-15    separate offense hereunder.  In addition, if such offender or the

12-16    corporation or bank of which he is an officer, director, or

12-17    shareholder holds a license as an agent, such license shall

12-18    automatically expire upon such conviction.

12-19          Sec. 13.  TEXAS DEPARTMENT [STATE BOARD] OF INSURANCE MAY

12-20    ESTABLISH RULES AND REGULATIONS.  The commissioner [State Board of

12-21    Insurance] is hereby authorized to establish, and from time to time

12-22    to amend, reasonable rules and regulations to comply with federal

12-23    law applicable to the sale of insurance and for the administration

12-24    of this Article [21.07].

12-25          Sec. 16.  Stamping of License.  When any license shall be

12-26    issued by the department [State Board of Insurance] to an applicant

12-27    entitled to write health and accident insurance, the license shall

12-28    have [stamped] thereon the words HEALTH AND ACCIDENT INSURANCE.

12-29          SECTION 6.  Section 18, Article 21.07, Insurance Code, is

12-30    amend by adding Subsection (c) to read as follows:

 13-1          (c)  Notwithstanding any provision of this Article or this

 13-2    code to the contrary, a bank located in a municipality or county

 13-3    with a population of 5,000 or less which owns at least 51 percent

 13-4    of a licensed bank operating subsidiary which is also located and

 13-5    doing business in a municipality or county with a population of

 13-6    5,000 or less may receive profits from the licensed bank operating

 13-7    subsidiary.  To advertise under the bank name or participate in the

 13-8    insurance operation other than by receiving profits from the

 13-9    insurance business, the bank must hold an agent license.  Nothing

13-10    in this section permits a bank or any affiliate to pay commissions

13-11    or other valuable consideration to any nonlicensed employees, nor

13-12    may a bank pay, credit, or otherwise reward particular nonlicensed

13-13    units or geographic locations of the bank or any of its affiliates

13-14    with a portion of the commission.

13-15          SECTION 7.  Subsection (b), Section 1, Chapter 213, Acts of

13-16    the 54th Legislature, 1955 (Article 21.07-1, Vernon's Texas

13-17    Insurance Code), is amended to read as follows:

13-18          (b)  The term "life insurance agent" for the purpose of this

13-19    Act means any person, [or] corporation, or bank that is an

13-20    authorized agent of a legal reserve life insurance company, and any

13-21    person who is a sub-agent of such agent, who acts as such in the

13-22    solicitation of, negotiation for, or procurement of, or collection

13-23    of premiums on, an insurance or annuity contract with a legal

13-24    reserve life insurance company; except that the term "life

13-25    insurance agent" shall not include:

13-26                (1)  any regular salaried officer or employee of a

13-27    legal reserve life insurance company, or of a licensed life

13-28    insurance agent, who devotes substantially all of his or her time

13-29    to activities other than the solicitation of applications for

13-30    insurance or annuity contracts and receives no commission or other

 14-1    compensation directly dependent upon the business obtained, and who

 14-2    does not solicit or accept from the public applications for

 14-3    insurance or annuity contracts;

 14-4                (2)  employers or their officers or employees, or the

 14-5    trustees of any employee benefit plan, to the extent that such

 14-6    employers, officers, employees or trustees are engaged in the

 14-7    administration or operation of any program of employee benefits

 14-8    involving the use of insurance or annuities issued by a legal

 14-9    reserve life insurance company, provided that such employers,

14-10    officers, employees or trustees are not in any manner compensated,

14-11    directly or indirectly, by the legal reserve life insurance company

14-12    issuing such insurance or annuity contracts;

14-13                (3)  except as provided in Section 4(f) of this Act,

14-14    banks, savings and loan associations, or credit unions, or the

14-15    officers and employees of banks, savings and loan associations, or

14-16    credit unions, to the extent that such banks, savings and loan

14-17    associations, credit unions, or officers and employees collect and

14-18    remit premiums by charging same against accounts of depositors on

14-19    the orders of such depositors;

14-20                (4)  a ticket-selling agent of a public carrier with

14-21    respect to accident life insurance tickets covering risks of

14-22    travel;

14-23                (5)  an agent selling credit life, health and accident

14-24    insurance issued exclusively in connection with credit

14-25    transactions, or acting as agent or solicitor for health and

14-26    accident insurance under license issued pursuant to the provisions

14-27    of Article 21.14 of the Texas Insurance Code.

14-28          SECTION 8.  Chapter 213, Acts of the 54th Legislature, 1955

14-29    (Article 21.07-1, Vernon's Texas Insurance Code), is amended by

14-30    adding Section 1C to read as follows:

 15-1          Sec. 1C.  DEFINITION.  In this Act, "bank" means a national

 15-2    banking association organized and existing under the National Bank

 15-3    Act (12 U.S.C. Section 21 et seq.), a state bank organized and

 15-4    existing under the Texas Banking Act (Article 342-1.001 et seq.,

 15-5    Vernon's Texas Civil Statutes), a state savings bank organized and

 15-6    existing under the Texas Savings Bank Act (Article 489e, Vernon's

 15-7    Texas Civil Statutes), a bank branch, or a bank operating

 15-8    subsidiary, located in this state in a municipality or county with

 15-9    a population of 5,000 or less.  A bank located in a municipality or

15-10    county with a population of 5,000 or less may own at least 51

15-11    percent of a licensed corporate agent which is also located in and

15-12    doing business in a municipality or county with a population of

15-13    5,000 or less and is subject to the provisions of Section 3(b) of

15-14    this Act.

15-15          SECTION 9.  Subsection (a), Section 2, Chapter 213, Acts of

15-16    the 54th Legislature, 1955 (Article 21.07-1, Vernon's Texas

15-17    Insurance Code), is amended to read as follows:

15-18          (a)  No person, [or] corporation, or bank shall, within this

15-19    State, solicit, procure, receive, or forward applications for life

15-20    insurance or annuities, or issue or deliver policies for, or in any

15-21    manner secure, help, or aid in the placing of any contract of life

15-22    insurance or annuity for any other person, directly or indirectly,

15-23    with any life insurance company not authorized to do business in

15-24    this State.

15-25          SECTION 10.  Subsections (a) and (b), Section 3, Chapter 213,

15-26    Acts of the 54th Legislature, 1955 (Article 21.07-1, Vernon's Texas

15-27    Insurance Code), are amended to read as follows:

15-28          (a)  No person, [or] corporation, or bank shall act as a life

15-29    insurance agent within this State until he or it shall have

15-30    procured a license as required by the laws of this State.

 16-1          (b)  No insurer or licensed life insurance agent doing

 16-2    business in this State shall pay directly or indirectly any

 16-3    commission, or other valuable consideration, to any person, [or]

 16-4    corporation, or bank for services as a life insurance agent within

 16-5    this State, unless such person, [or] corporation, or bank shall

 16-6    hold a currently valid license to act as a life insurance agent as

 16-7    required by the laws of this State; nor shall any person, [or]

 16-8    corporation, or bank other than a duly licensed life insurance

 16-9    agent, accept any such commission or other valuable consideration;

16-10    provided, however, that the provisions of this Section shall not

16-11    prevent the payment or receipt of renewal or other deferred

16-12    commissions to or by any person solely because such person, [or]

16-13    corporation, or bank has ceased to hold a license to act as a life

16-14    insurance agent.  Nothing herein shall be construed to prevent a

16-15    bank located in a municipality or county with a population of 5,000

16-16    or less which owns at least 51 percent of a licensed bank operating

16-17    subsidiary which is also located in and doing business in a

16-18    municipality or county with a population of 5,000 or less from

16-19    receiving profits from the licensed bank operating subsidiary.  To

16-20    advertise under the bank name or participate in the insurance

16-21    operation other than by receiving profits from the insurance

16-22    business, the bank must hold an agent license.  Nothing in this

16-23    Section permits a bank or any affiliate to pay commissions or other

16-24    valuable consideration to any nonlicensed employees, nor may a bank

16-25    pay, credit, or otherwise reward particular nonlicensed units or

16-26    geographic locations of the bank or any of its affiliates with a

16-27    portion of the commission.

16-28          SECTION 11.  Section 4, Chapter 213, Acts of the 54th

16-29    Legislature, 1955 (Article 21.07-1, Vernon's Texas Insurance Code),

16-30    is amended to amending Subsection (e) and adding a new Subsection

 17-1    (f) and relettering existing Subsection (f) to read as follows:

 17-2          (e)  The department [Commissioner] shall issue a license to a

 17-3    corporation if the department [Commissioner] finds:

 17-4                (1)  That the corporation is a Texas corporation

 17-5    organized or existing under the Texas Business Corporation Act or

 17-6    the Texas Professional Corporation Act having its principal place

 17-7    of business in the State of Texas and having as one of its purposes

 17-8    the authority to act as agent under this Act;

 17-9                (2)  That every officer, director, and shareholder of

17-10    the corporation is individually licensed as an agent under the

17-11    provisions of this Act, or that every officer and director of the

17-12    corporation is individually licensed under this Act, that the

17-13    corporation is a wholly owned subsidiary of a parent corporation

17-14    that is licensed under this Act, and that every shareholder of the

17-15    parent corporation is individually licensed under this Act; and

17-16                (3)  That such corporation will have the ability to pay

17-17    any sums up to $25,000 which it might become legally obligated to

17-18    pay on account of any claim made against it by any customer and

17-19    caused by any negligent act, error, or omission of the corporation

17-20    or any person for whose acts the corporation is legally liable in

17-21    the conduct of its business as under this Act.  The term "customer"

17-22    as used herein shall mean any person, firm, or corporation to whom

17-23    such corporation sells or attempts to sell a policy of insurance or

17-24    from whom such corporation accepts an application for insurance.

17-25    Such ability shall be proven in one of the following ways:

17-26                      (A)  An errors and omissions policy insuring such

17-27    corporation against errors and omissions in at least the sum of

17-28    $100,000 with no more than a $10,000 deductible feature issued by

17-29    an insurance company licensed to do business in the State of Texas

17-30    or, if a policy cannot be obtained from a company licensed to do

 18-1    business in Texas, a policy issued by a company not licensed to do

 18-2    business in Texas on filing an affidavit with the department [State

 18-3    Board of Insurance] stating the inability to obtain coverage and

 18-4    receiving the department's [Board's] approval; or

 18-5                      (B)  A bond executed by such corporation as

 18-6    principal and a surety company authorized to do business in this

 18-7    State, as surety, in the principal sum of $25,000, payable to the

 18-8    department [State Board of Insurance] for the use and benefit of

 18-9    customers of such corporation, conditioned that such corporation

18-10    shall pay any final judgment recovered against it by any customer;

18-11    or

18-12                      (C)  A deposit of cash or securities of the class

18-13    authorized by Articles 2.08 and 2.10 of the Insurance Code, having

18-14    a fair market value of $25,000 with the comptroller [State

18-15    Treasurer].  The comptroller [State Treasurer] is hereby authorized

18-16    and directed to accept and receive such deposit and hold it

18-17    exclusively for the protection of any customer of such corporation

18-18    recovering a final judgment against such corporation.  Such deposit

18-19    may be withdrawn only upon filing with the department

18-20    [Commissioner] satisfactory evidence that the corporation has

18-21    withdrawn from business and has no unsecured liabilities

18-22    outstanding, or that such corporation has provided for the

18-23    protection of its customers by furnishing an errors and omissions

18-24    policy or a bond as provided.  Securities so deposited may be

18-25    exchanged from time to time for other qualified securities.

18-26          A binding commitment to issue such a policy or bond, or the

18-27    tender of such securities, shall be sufficient in connection with

18-28    any application for license.

18-29          Nothing contained herein shall be construed to permit any

18-30    unlicensed employee or agent of any corporation to perform any act

 19-1    of an agent under this Act without obtaining a license.

 19-2          If at any time, any corporation holding a license under this

 19-3    Act does not maintain the qualifications necessary to obtain a

 19-4    license, the license of such corporation to act as an agent shall

 19-5    be cancelled or denied in accordance with the provisions of

 19-6    Sections 12 and 13 of this Act; provided, however, that should any

 19-7    person who is not an agent licensed under this Act acquire shares

 19-8    in such a corporation by devise or descent, they shall have a

 19-9    period of 90 days from date of acquisition within which to obtain a

19-10    license as an agent or to dispose of the shares to an agent

19-11    licensed under this Act.

19-12          Should such an unlicensed person acquire shares in such a

19-13    corporation and not dispose of them within said period of 90 days

19-14    to a licensed agent, then they must be purchased by the corporation

19-15    for their book value, that is, the value of said shares of stock as

19-16    reflected by the regular books and records of said corporation as

19-17    of the date of the acquisition of said shares by said unlicensed

19-18    person.  Should the corporation fail or refuse to so purchase such

19-19    shares, its license shall be cancelled.

19-20          Any such corporation shall have the power to redeem the

19-21    shares of any shareholder, or the shares of a deceased shareholder,

19-22    upon such terms as may be agreed upon by the board of directors and

19-23    such shareholder or such shareholder's personal representative, or

19-24    at such price and upon such terms as may be provided in the

19-25    articles of incorporation, the bylaws, or an existing contract

19-26    entered into between the shareholders of the corporation.

19-27          Each corporation licensed as an agent under this Act shall

19-28    file, under oath, a list of the names and addresses of all of its

19-29    officers, directors, and shareholders with its application for

19-30    renewal license.

 20-1          Each corporation licensed as an agent under this Act shall

 20-2    notify the department [State Board of Insurance] upon any change in

 20-3    its officers, directors, or shareholders not later than the 30th

 20-4    day after the date on which the change became effective.

 20-5          Except as provided by Subdivision (2) of this subsection, a

 20-6    corporation may not own any interest in another corporation

 20-7    licensed under this Act, and each owner of an interest in a

 20-8    corporation licensed under this Act shall be a natural person who

 20-9    holds a valid license issued under this Act.

20-10          No association or any legal entity of any nature, other than

20-11    an individual person, general partnership, [or] corporation, or

20-12    bank may be licensed as a life insurance agent.

20-13          (f)  The department shall issue a license to a bank if the

20-14    department finds:

20-15                (1)  That the bank is a national banking association

20-16    organized and existing under the National Bank Act (12 U.S.C.

20-17    Section 21 et seq.), a state bank organized and existing under the

20-18    Texas Banking Act (Article 342-1.001 et seq., Vernon's Texas Civil

20-19    Statutes), a state savings bank organized and existing under the

20-20    Texas Savings Bank Act (Article 489e, Vernon's Texas Civil

20-21    Statutes), or a bank operating subsidiary, located in this state in

20-22    a municipality or county with a population of 5,000 or less;

20-23                (2)  That at least one officer of the bank and each

20-24    individual who will be performing any acts as an agent for the bank

20-25    are individually licensed under the provisions of this Act; and

20-26                (3)  That such bank will have the ability to pay any

20-27    sums up to $25,000 which it might become legally obligated to pay

20-28    on account of any claim made against it by any customer and caused

20-29    by any negligent act, error, or omission of the bank or any person

20-30    for whose acts the bank is legally liable in the conduct of its

 21-1    business under this Act.  The term "customer" means any person,

 21-2    firm, or corporation to whom such bank sells or attempts to sell a

 21-3    policy of insurance or from whom such bank accepts an application

 21-4    for insurance.  Such ability shall be proven in one of the

 21-5    following ways:

 21-6                      (A)  An errors and omissions policy insuring such

 21-7    bank against errors and omissions in at least the sum of $100,000

 21-8    with no more than a $10,000 deductible feature issued by an

 21-9    insurance company licensed to do business in the State of Texas or,

21-10    if a policy cannot be obtained from a company licensed to do

21-11    business in Texas, a policy issued by a company not licensed to do

21-12    business in Texas on filing an affidavit with the department

21-13    stating the inability to obtain coverage and receiving the

21-14    department's approval; or

21-15                      (B)  A bond executed by such bank as principal

21-16    and a surety company authorized to do business in this State, as

21-17    surety, in the principal sum of $25,000, payable to the department

21-18    for the use and benefit of customers of such bank, conditioned that

21-19    such bank shall pay any final judgment recovered against it by any

21-20    customer; or

21-21                      (C)  A deposit of cash or securities of the class

21-22    authorized by Articles 2.08 and 2.10 of the Insurance Code, having

21-23    a fair market value of $25,000 with the comptroller.  The

21-24    comptroller is hereby authorized and directed to accept and receive

21-25    such deposit and hold it exclusively for the protection of any

21-26    customer of such bank recovering a final judgment against such

21-27    bank.  Such deposit may be withdrawn only on filing with the

21-28    department satisfactory evidence that the bank has withdrawn from

21-29    the business of insurance and has no unsecured liabilities

21-30    outstanding or that such bank has provided for the protection of

 22-1    its customers by furnishing an errors and omissions policy or a

 22-2    bond as provided.  Securities so deposited may be exchanged from

 22-3    time to time for other qualified securities.

 22-4          A binding commitment to issue such a policy or bond, or the

 22-5    tender of such securities, shall be sufficient in connection with

 22-6    any application for license.

 22-7          Nothing contained herein shall be construed to permit any

 22-8    unlicensed employee or agent of any bank to perform any act of an

 22-9    agent under this Act without obtaining a license.

22-10          A bank licensed as an agent under this Act may have

22-11    additional offices from which the business of insurance is

22-12    conducted only in a municipality or county with a population of

22-13    5,000 or less and must comply with the department's regulations

22-14    regarding additional offices.

22-15          A bank licensed as an agent under this Act must maintain the

22-16    insurance records of the bank, including all files relating to

22-17    customer complaints, separate and apart from records relating to

22-18    banking transactions of the bank.

22-19          If at any time, any bank holding a license under this Act

22-20    does not maintain the qualifications necessary to obtain a license,

22-21    the license of such bank to act as an agent shall be canceled or

22-22    denied in accordance with the provisions of Sections 12 and 13 of

22-23    this Act.

22-24          Each bank licensed as an agent under this Act shall file

22-25    under oath with its application for renewal license a list of the

22-26    names and addresses of all individuals who will be acting as agents

22-27    on behalf of the bank and all officers and directors of the bank,

22-28    as defined in Article 21.02 of the Insurance Code, and other

22-29    biographical information as required by the department.

22-30          Each bank shall notify the department upon any change in its

 23-1    officers and directors, and any change in other persons who will be

 23-2    acting as agents, as defined in Article 21.02 of the Insurance

 23-3    Code, and submit biographical information on such officers,

 23-4    directors, and persons as required by the department not later than

 23-5    the 30th day after the date on which the change becomes effective.

 23-6          (g)  Each applicant, prior to sitting for the written

 23-7    examination as provided for in Section 5 of this Act, shall

 23-8    complete, under the supervision of such sponsoring insurer, an

 23-9    educational program that shall include:

23-10                (1)  such texts as may be prescribed by the

23-11    Commissioner of Insurance on the recommendation of the Advisory

23-12    Board as provided in Subsection (c) of Section 5 of this Act; and

23-13                (2)  materials that will provide the applicant with the

23-14    basic knowledge of:

23-15                      (A)  the broad principles of insurance,

23-16    licensing, and regulatory laws of this State;

23-17                      (B)  principles related to medicare supplement

23-18    insurance; and

23-19                      (C)  the obligations and duties of a life

23-20    insurance agent.

23-21          SECTION 12.   Subsections (a) and (d), Section 5, Chapter

23-22    213, Acts of the 54th Legislature, 1955 (Article 21.07-1, Vernon's

23-23    Texas Insurance Code), are amended to read as follows:

23-24          (a)  Each prospective applicant for a license to act as a

23-25    life insurance agent within this State shall submit to a personal

23-26    written examination administered in the English or Spanish

23-27    language, as prescribed by the department [State Board of

23-28    Insurance], to determine the applicant's competence with respect to

23-29    insurance and annuity contracts, including medicare supplement

23-30    contracts, and the applicant's familiarity with the pertinent

 24-1    provisions of the laws of this State and the obligations and duties

 24-2    of a life insurance agent, and shall pass the same to the

 24-3    satisfaction of the department [State Board of Insurance].  A

 24-4    nonrefundable examination fee, in an amount determined by the

 24-5    Commissioner [Board] but not more than $20, must accompany the

 24-6    application to take the examination.  The department shall charge

 24-7    the fee each time the examination is taken.  The department shall

 24-8    give certifications of a passing score to those applicants that

 24-9    obtain such a score.  No written examination shall be required of:

24-10                (1)  An applicant for the renewal of a license issued

24-11    by the department [State Board of Insurance] pursuant to Article

24-12    21.07, [Texas] Insurance Code, [1951,] which is currently in force

24-13    at the time of the effective date of this Act;

24-14                (2)  An applicant whose license as a life insurance

24-15    agent expired less than one year prior to the date of application

24-16    may, in the discretion of the department [State Board of

24-17    Insurance], be issued a license without written examination;

24-18                (3)  A person who holds the designation Chartered Life

24-19    Underwriter (CLU);

24-20                (4)  An applicant that is a partnership, [or]

24-21    corporation, or bank.

24-22          (d)  An applicant other than a partnership, [or] corporation,

24-23    or bank for a license to act as a combination life insurance agent

24-24    for a combination company, or as an industrial life agent for an

24-25    industrial company, may, in lieu of taking and passing to the

24-26    satisfaction of the Commissioner a personal written examination as

24-27    provided in Sub-section (a) of this Section 5, submit to a personal

24-28    written examination given by the combination or industrial insurer

24-29    for which the applicant is to be licensed, subject to the following

24-30    definitions and conditions:

 25-1                (1)  A combination life insurance agent is hereby

 25-2    defined as an agent writing weekly premium life insurance or

 25-3    monthly ordinary life insurance on a debit basis, provided that a

 25-4    combination life insurance agent may also write ordinary contracts

 25-5    of life insurance.  An industrial life agent is an agent writing

 25-6    only weekly life insurance on a debit basis.  A combination company

 25-7    is hereby defined as an insurer actually writing weekly premium

 25-8    life insurance or monthly ordinary life insurance on a debit basis,

 25-9    provided that a combination company may also write ordinary

25-10    contracts of life insurance.  An industrial company is an insurer

25-11    writing only weekly premium life insurance on a debit basis.

25-12                (2)  Any combination or industrial insurer desiring to

25-13    qualify to administer the examination to its agents shall file with

25-14    the Commissioner a complete outline and explanation of the course

25-15    of study and instruction to be given such applicants and the nature

25-16    and manner of conducting the examinations of applicants and, after

25-17    official approval thereof by the Commissioner, may administer such

25-18    examinations.

25-19                (3)  The combination or industrial insurer shall

25-20    certify as to each applicant that he has completed the approved

25-21    course of study and instruction and has successfully passed the

25-22    examination in writing without aid.

25-23                (4)  It shall be the duty of the Commissioner to

25-24    investigate the manner and method of instruction and examination of

25-25    each combination and industrial insurer as often as deemed

25-26    necessary by the Commissioner and the Commissioner may, in his

25-27    discretion, withdraw from any insurer the privilege of examining

25-28    agents in lieu of the examination prescribed in Subsection (a) of

25-29    this Section 5.

25-30                (5)  The license to act as a life insurance agent

 26-1    issued to an applicant pursuant to the provisions of this

 26-2    Sub-section (d) shall include [be stamped] COMBINATION OR

 26-3    INDUSTRIAL LICENSE on its face and shall automatically expire and

 26-4    be of no further force and effect when the holder ceases to act as

 26-5    a combination or industrial agent for a combination or industrial

 26-6    company.

 26-7          SECTION 13.  Subsection (b), Section 7, Chapter 213, Acts of

 26-8    the 54th Legislature, 1955 (Article 21.07-1, Vernon's Texas

 26-9    Insurance Code), is amended to read as follows:

26-10          (b)  The [Life Insurance] Commissioner is further authorized

26-11    to enter into reciprocal agreements with the appropriate official

26-12    or any other State waiving the written examination of any applicant

26-13    resident in such other State, provided:

26-14                (1)  That a written examination is required of

26-15    applicants for a life insurance agent's license in such other

26-16    State;

26-17                (2)  That the appropriate official of such other State

26-18    certifies that the applicant holds a currently valid license as a

26-19    life insurance agent in such other State and either passed such

26-20    written examination or was the holder of a life insurance agent's

26-21    license prior to the time such written examination was required;

26-22                (3)  That the applicant has no place of business within

26-23    this State in the transaction of business as a life insurance

26-24    agent;

26-25                (4)  That in such other State, a resident of this State

26-26    is privileged to procure a life insurance agent's license upon the

26-27    foregoing conditions and without discrimination as to fees or

26-28    otherwise in favor of the residents of such other State.

26-29          SECTION 14.  Sections 14 and 15, Chapter 213, Acts of the

26-30    54th Legislature, 1955 (Article 21.07-1, Vernon's Texas Insurance

 27-1    Code), are amended to read as follows:

 27-2          Sec. 14.  Penalty.  Any person or officer, director, or

 27-3    shareholder of a corporation or bank required to be licensed by

 27-4    this Act who individually, or as an officer or employee of a legal

 27-5    reserve life insurance company, or other corporation, violates any

 27-6    of the provisions of this Act shall, in addition to any other

 27-7    penalty specifically provided, be guilty of a misdemeanor and, upon

 27-8    conviction, shall be fined not more than $500.00 or imprisoned not

 27-9    more than six months, or both, each such violation being a separate

27-10    offense hereunder.  In addition, if such offender or corporation or

27-11    bank of which he is an officer, director, or shareholder holds a

27-12    license as a life insurance agent, such license shall automatically

27-13    expire upon such conviction.

27-14          Sec. 15.  Commissioner May Establish Rules and Regulations.

27-15    The [Life Insurance] Commissioner is authorized to establish, and

27-16    from time to time to amend, reasonable rules and regulations to

27-17    comply with federal law applicable to the sale of insurance and for

27-18    the administration of this Act.

27-19          SECTION 15.  Subsections (a) through (d), Section 16, Chapter

27-20    213, Acts of the 54th Legislature, 1955 (Article 21.07-1, Vernon's

27-21    Texas Insurance Code), are amended to read as follows:

27-22          (a)  In this section, "accident and health insurance agent"

27-23    means any person, [or] corporation, or bank that is an authorized

27-24    agent of a legal reserve life insurance company and who acts as

27-25    such agent only in the solicitation of, negotiation for,

27-26    procurement of, or collection of premiums on an accident and health

27-27    insurance contract with a legal reserve life insurance company, but

27-28    does not include:

27-29                (1)  a regular salaried officer or employee of a legal

27-30    reserve life insurance company, or of a licensed life or accident

 28-1    and health insurance agent, who devotes substantially all of his or

 28-2    her time to activities other than the solicitation of applications

 28-3    for insurance contracts and receives no commission or other

 28-4    compensation directly dependent upon the business obtained and who

 28-5    does not solicit or accept from the public applications for

 28-6    insurance contracts;

 28-7                (2)  employers or their officers or employees, or the

 28-8    trustees of any employee benefit plan, to the extent that those

 28-9    employers, officers, employees, or trustees are engaged in the

28-10    administration or operation of any program of employee benefits

28-11    involving the use of insurance issued by a legal reserve life

28-12    insurance company, provided that those employers, officers,

28-13    employees, or trustees are not in any manner compensated directly

28-14    or indirectly by the legal reserve life insurance company issuing

28-15    the insurance contracts;

28-16                (3)  banks or their officers and employees to the

28-17    extent that the banks, or their officers, and employees collect and

28-18    remit premiums by charging the premiums against the account of a

28-19    depositor on the orders of the depositor;

28-20                (4)  a ticket-selling agent of a public carrier with

28-21    respect to accident and health insurance tickets covering risks of

28-22    travel; or

28-23                (5)  an agent selling credit health and accident

28-24    insurance issued exclusively in connection with credit

28-25    transactions, or acting as agent or solicitor for health and

28-26    accident insurance under a license issued under either Article

28-27    21.07, Article 21.07-1, or Article 21.14, Insurance Code.

28-28          (b)  The department [State Board of Insurance] may issue a

28-29    license to a person, [or] a corporation, or a bank to act only as

28-30    an accident and health insurance agent for a legal reserve life

 29-1    insurance company as provided by this section.

 29-2          (c)  Each applicant for a license under this section who

 29-3    desires to act as an accident and health insurance agent within

 29-4    this state shall submit to a personal written examination

 29-5    prescribed by the department [State Board of Insurance] and

 29-6    administered in the English or Spanish language to determine the

 29-7    applicant's competency with respect to accident and health

 29-8    insurance and familiarity with the pertinent provisions of the

 29-9    health and accident insurance laws of this state.  Except as

29-10    provided by Subsection (d) of this section, each applicant must

29-11    pass the examination to the satisfaction of the department [State

29-12    Board of Insurance].

29-13          (d)  A written examination is not required of:

29-14                (1)  an applicant for license under this Section 16 if

29-15    the applicant has previously been licensed and currently holds on

29-16    the effective date of this section a valid license issued by the

29-17    department [State Board of Insurance] under either Article 21.07,

29-18    Article 21.07-1, or Article 21.14 of this code;

29-19                (2)  an applicant whose license expires less than one

29-20    year before the date of application and who may, in the discretion

29-21    of the department [State Board of Insurance], be issued a license

29-22    without written examination, provided the prior expired license

29-23    granted the applicant the right to act as an agent for accident and

29-24    health insurance; or

29-25                (3)  an applicant that is a partnership, [or]

29-26    corporation, or bank; provided, however, that a partnership, [or]

29-27    corporation, or bank may be licensed hereunder only if it otherwise

29-28    complies with the provisions of Section 4 of this article, but in

29-29    the application of such section to such compensation hereunder, any

29-30    requirement pertaining to or reference therein to "life insurance"

 30-1    shall be changed and limited to "health and accident insurance"

 30-2    only as is intended by the terms of the Section 16.

 30-3          SECTION 16.  Section 3, Article 21.14, Insurance Code, is

 30-4    amended by amending Subsection (a), adding Subsection (g), and

 30-5    relettering existing Subsections (d) and (e) to read as follows:

 30-6          (a)  When any person, partnership, registered limited

 30-7    liability partnership, limited liability company, [or] corporation,

 30-8    or bank shall desire to engage in business as a local recording

 30-9    agent for an insurance company, or insurance carrier, he or it

30-10    shall make application for a license to the Texas Department of

30-11    Insurance, in such form as the Department may require.  Such

30-12    application shall bear a signed endorsement by a general, state or

30-13    special agent of a qualified insurance company, or insurance

30-14    carrier that applicant or each member of the partnership or each

30-15    stockholder of the corporation or each member of the limited

30-16    liability company is a resident of this state.

30-17          (d)  The Department shall issue a license to a bank if the

30-18    Department finds:

30-19                (1)  That the bank is a national banking association

30-20    organized and existing under the National Bank Act (12 U.S.C.

30-21    Section 21 et seq.), a state bank organized and existing under the

30-22    Texas Banking Act (Article 342-1.001 et seq., Vernon's Texas Civil

30-23    Statutes), a state savings bank organized and existing under the

30-24    Texas Savings Bank Act (Article 489e, Vernon's Texas Civil

30-25    Statutes), or a bank operating subsidiary, located in this state in

30-26    a municipality or county with a population of 5,000 or less;

30-27                (2)  That at least one officer of the bank and each

30-28    individual who will be performing any acts of an agent for the bank

30-29    are individually licensed under the provisions of this Article; and

30-30                (3)  That such bank will have the ability to pay any

 31-1    sums up to $25,000 which it might become legally obligated to pay

 31-2    on account of any claim made against it by any customer and caused

 31-3    by any negligent act, error, or omission of the bank or any person

 31-4    for whose acts the bank is legally liable in the conduct of its

 31-5    business as a local recording agent.  The term "customer" means any

 31-6    person, firm, or corporation to whom such bank sells or attempts to

 31-7    sell a policy of insurance or from whom such bank accepts an

 31-8    application for insurance.  Such ability shall be proven in one of

 31-9    the following ways:

31-10                      (A)  An errors and omissions policy insuring such

31-11    bank against errors and omissions, in at least the sum of $100,000

31-12    with no more than a $10,000 deductible feature or the sum of at

31-13    least $300,000 with no more than a $25,000 deductible feature,

31-14    issued by an insurance company licensed to do business in the State

31-15    of Texas or, if a policy cannot be obtained from a company licensed

31-16    to do business in Texas, a policy issued by a company not licensed

31-17    to do business in Texas, on filing an affidavit with the Department

31-18    stating the inability to obtain coverage and receiving the

31-19    Department's approval; or

31-20                      (B)  A bond executed by such bank as principal

31-21    and a surety company authorized to do business in this state, as

31-22    surety, in the principal sum of $25,000, payable to the Department

31-23    for the use and benefit of customers of such bank, conditioned that

31-24    such bank shall pay any final judgment recovered against it by any

31-25    customer; or

31-26                      (C)  A deposit of cash or securities of the class

31-27    authorized by Articles 2.08 and 2.10 of this Code, having a fair

31-28    market value of $25,000 with the comptroller.  The comptroller is

31-29    hereby authorized and directed to accept and receive such deposit

31-30    and hold it exclusively for the protection of any customer of such

 32-1    bank recovering a final judgment against such bank.  Such deposit

 32-2    may be withdrawn only on filing with the Department evidence

 32-3    satisfactory to it that the bank has withdrawn from the business of

 32-4    insurance and has no unsecured liabilities outstanding or that such

 32-5    bank has provided for the protection of its customers by furnishing

 32-6    an errors and omissions policy or a bond as provided under this

 32-7    subsection.  Securities so deposited may be exchanged from time to

 32-8    time for other qualified securities.

 32-9          A binding commitment to issue such a policy or bond, or the

32-10    tender of such securities, shall be sufficient in connection with

32-11    any application for license.

32-12          Nothing contained herein shall be construed to permit any

32-13    unlicensed employee or agent of any bank to perform any act of a

32-14    local recording agent without obtaining a local recording agent's

32-15    license.  The Department shall not require a bank to take the

32-16    examination provided in Section 6 of this Article.

32-17          A bank licensed as an agent under this Article may have

32-18    additional offices from which the business of insurance is

32-19    conducted only in a municipality or county with a population of

32-20    5,000 or less and must comply with the Department's regulations

32-21    regarding additional offices.

32-22          A bank licensed as an agent under this Article must maintain

32-23    its insurance records, including all files relating to and

32-24    reflecting customer complaints, separate and apart from records

32-25    relating to banking transactions of the bank.

32-26          If at any time, any bank holding a local recording agent's

32-27    license does not maintain the qualifications necessary to obtain a

32-28    license, the license of such bank to act as a local recording agent

32-29    shall be canceled or denied in accordance with the provisions of

32-30    Sections 16 and 18 of this Article.

 33-1          Each bank licensed as a local recording agent shall file

 33-2    under oath with its application for renewal license a list of the

 33-3    names and addresses of all individuals who will be acting as agents

 33-4    on behalf of the bank and all officers and directors of the bank,

 33-5    as defined in Article 21.02 of this code, and other biographical

 33-6    information as required by the Department.

 33-7          Each bank licensed as a local recording agent shall notify

 33-8    the Department on any change in its officers and directors and any

 33-9    change in other persons who will be performing any acts of an

33-10    agent, as defined in Article 21.02 of this code, and submit

33-11    biographical information on such officers, directors, and persons

33-12    as required by the Department not later than the 30th day after the

33-13    date on which the change became effective.

33-14          The term "firm" as it applies to local recording agents in

33-15    Sections 2, 12, and 16 of this Article shall be construed to

33-16    include corporations and banks.

33-17          (e)  The term "partnership" or "agency partnership" as used

33-18    in this Article means a general partnership or a registered limited

33-19    liability partnership domiciled in Texas.

33-20          (f) [(e)]  In this Article, the term "corporation" or

33-21    "corporations" shall mean a corporation organized under the Texas

33-22    Business Corporation Act, The Texas Professional Corporation Act

33-23    (Article 1528e, Vernon's Texas Civil Statutes), or a Texas

33-24    domiciled limited liability company organized or existing under the

33-25    Texas Limited Liability Company Act (Article 1528n, Vernon's Texas

33-26    Civil Statutes) having its principal place of business in this

33-27    state and having as one of its purposes the authority to act as an

33-28    insurance agent.  Each officer, manager, and member of a limited

33-29    liability company must be licensed under this Article.  The

33-30    licensing and regulation of a limited liability company shall be

 34-1    subject to the same provisions and requirements of this Article

 34-2    that are applicable to corporations licensed under this Article.

 34-3          (g)  In this Article, the term "bank" means a national

 34-4    banking association organized and existing under the National Bank

 34-5    Act (12 U.S.C. Section 21 et seq.), a state bank organized and

 34-6    existing under the Texas Banking Act (Article 342-1.001 et seq.,

 34-7    Vernon's Texas Civil Statutes), a state savings bank organized and

 34-8    existing under the Texas Savings Bank Act (Article 489e, Vernon's

 34-9    Texas Civil Statutes), a bank branch, or a bank operating

34-10    subsidiary, located in this state in a municipality or county with

34-11    a population of 5,000 or less.  A bank located in a municipality or

34-12    county with a population of 5,000 or less may own at least 51

34-13    percent of a licensed corporate agent which is also located and

34-14    doing business in a municipality or county with a population of

34-15    5,000 or less, and is subject to the provisions of Section 3a(5) of

34-16    this Article.

34-17          SECTION 17.  Section 3a, Article 21.14, Insurance Code, is

34-18    amended by adding Subsection (5) to read as follows:

34-19          (5)  Notwithstanding any provisions of either this Article or

34-20    of this Code to the contrary, a bank located in a municipality or

34-21    county with a population of 5,000 or less which owns at least 51

34-22    percent of a licensed bank operating subsidiary which is also

34-23    located and doing business in a municipality or county with a

34-24    population of 5,000 or less, may receive profits from the licensed

34-25    bank operating subsidiary.  To advertise under the bank name or

34-26    participate in the insurance operation other than by receiving

34-27    profits from the insurance business, the bank must hold an agent

34-28    license.  Nothing in this section permits a bank or any affiliate

34-29    to pay commissions or other valuable consideration to any

34-30    nonlicensed employees, nor may a bank pay, credit, or otherwise

 35-1    reward particular nonlicensed units or geographic locations of the

 35-2    bank or any of its affiliates with a portion of the commission.

 35-3          SECTION 18.  Subsections (a), (b), and (c), Section 4,

 35-4    Article 21.14, Insurance Code, are amended to read as follows:

 35-5          (a)  It shall be unlawful for any person, firm, partnership,

 35-6    [or] corporation or bank, or any partner, officer, director,

 35-7    employee, or shareholder of a corporation or any officer, director,

 35-8    or employee of a bank to act as a local recording agent or

 35-9    solicitor in procuring business for any insurance company,

35-10    corporation, interinsurance exchange, mutual, reciprocal,

35-11    association, Lloyds or other insurance carrier, until he or it

35-12    shall have in force the license provided for herein.

35-13          (b)  No insurer doing business in this state shall pay

35-14    directly or indirectly any commission, or other valuable

35-15    consideration, to any person, firm, partnership, [or] corporation,

35-16    or bank for services as a local recording agent within this state,

35-17    unless such person, firm, partnership, [or] corporation, or bank

35-18    shall hold a currently valid license and appointment to act as a

35-19    local recording agent as required by the laws of this state; nor

35-20    shall any person, firm, partnership, [or] corporation, or bank

35-21    other than a duly licensed and appointed local recording agent

35-22    accept any such commission or other valuable consideration;

35-23    provided, however, that nothing contained in this subsection shall

35-24    prohibit an assigned risk pool or assigned risk plan, duly

35-25    authorized to operate by the laws of this state, from paying

35-26    commissions, or other valuable consideration, to a duly licensed

35-27    person, firm, partnership, [or] corporation, or bank for services

35-28    as a local recording agent.

35-29          (c)  No licensed local recording agent, managing general

35-30    agent, or surplus lines agent doing business in this state shall

 36-1    pay directly or indirectly any commission, or other valuable

 36-2    consideration, to any person, firm, partnership, [or] corporation,

 36-3    or bank for services as a local recording agent within this state,

 36-4    unless such person, firm, partnership, [or] corporation, or bank

 36-5    shall hold a currently valid license to act as a local recording

 36-6    agent as required by the laws of this state; nor shall any person,

 36-7    firm, partnership, [or] corporation, or bank other than a duly

 36-8    licensed local recording agent accept any such commission or other

 36-9    valuable consideration.

36-10          SECTION 19.  Section 5, Article 21.14, Insurance Code, is

36-11    amended to read as follows:

36-12          Sec. 5.  Active agents or solicitors only to be licensed.  No

36-13    license shall be granted to any person, firm, partnership, [or]

36-14    corporation, or bank as a local recording agent or to a person as a

36-15    solicitor, for the purpose of writing any form of insurance, unless

36-16    it is found by the Department [State Board of Insurance] that such

36-17    person, firm, partnership, [or] corporation, or bank is or intends

36-18    to be, actively engaged in the soliciting or writing of insurance

36-19    for the public generally; that each person or individual of a firm

36-20    is a resident of Texas and is to be actively engaged in good faith

36-21    in the business of insurance, and that the application is not being

36-22    made in order to evade the laws against rebating and discrimination

36-23    either for the applicant or for some other person, firm,

36-24    partnership, [or] corporation, or bank.  Nothing herein contained

36-25    shall prohibit an applicant insuring property which the applicant

36-26    owns or in which the applicant has an interest; but it is the

36-27    intent of this Section to prohibit coercion of insurance and to

36-28    preserve to each citizen the right to choose his own agent or

36-29    insurance carrier, and to prohibit the licensing of an individual,

36-30    firm, partnership, [or] corporation, or bank to engage in the

 37-1    insurance business principally to handle business which the

 37-2    applicant controls only through ownership, mortgage or sale, family

 37-3    relationship or employment, which shall be taken to mean that an

 37-4    applicant who is making an original application for license shall

 37-5    show the Department [State Board of Insurance] that the applicant

 37-6    has a bona fide intention to engage in business in which, in any

 37-7    calendar year, at least twenty-five per cent (25%) of the total

 37-8    volume of premiums shall be derived from persons or organizations

 37-9    other than applicant and from property other than that on which the

37-10    applicant shall control the placing of insurance through ownership,

37-11    mortgage, sale, family relationship or employment.  Nothing herein

37-12    contained shall be construed to authorize a partnership, [or]

37-13    corporation, or bank to receive a license as a solicitor.

37-14          SECTION 20.  Section 24, Article 21.14, Insurance Code, is

37-15    amended to read as follows:

37-16          Sec. 24.  VIOLATION OF ARTICLE.  Any person or any member of

37-17    any firm, or any corporation or bank, or any officer, director,

37-18    shareholder or employee of any corporation or bank who violates any

37-19    of the provisions of Sections 4, 15 and 22 of this Article shall be

37-20    guilty of a misdemeanor, and on conviction in a court of competent

37-21    jurisdiction, shall be punished by a fine of not less than One

37-22    Dollar ($1.00) nor more than One Hundred Dollars ($100.00).

37-23          SECTION 21.  Article 21.14, Insurance Code, is amended by

37-24    adding Section 27 to read as follows:

37-25          Sec. 27.  RULES.  In addition to other rules required or

37-26    authorized by this article, the Commissioner may adopt rules in

37-27    accordance with federal law applicable to the regulation of sales

37-28    of insurance that are necessary and proper to carry out the

37-29    provisions of this Code.

37-30          SECTION 22.  Subchapter B, Chapter 21, Insurance Code, is

 38-1    amended by adding Article 21.21-9 to read as follows:

 38-2          Art. 21.21-9.  UNFAIR METHODS OF COMPETITION AND UNFAIR

 38-3    PRACTICES BY FINANCIAL INSTITUTIONS

 38-4          Sec. 1.  DEFINITION.  In this article "bank" means a national

 38-5    banking association organized and existing under the National Bank

 38-6    Act (12 U.S.C. Section 21 et seq.), a state bank organized and

 38-7    existing under the Texas Banking Act (Article 342-1.001 et seq.,

 38-8    Vernon's Texas Civil Statutes), a state savings bank organized and

 38-9    existing under the Texas Savings Bank Act (Article 489e, Vernon's

38-10    Texas Civil Statutes), a bank branch, or a bank operating

38-11    subsidiary, located in this state in a municipality or county with

38-12    a population of 5,000 or less.

38-13          Sec. 2.  UNFAIR METHODS OF COMPETITION AND UNFAIR PRACTICES

38-14    DEFINED.  (a)  The following are unfair methods of competition and

38-15    unfair practices in the sale of insurance by banks:

38-16                (1)  Tying.  (A)  When the agent is a bank, requiring

38-17    the purchase of insurance from the bank, its subsidiary or

38-18    affiliate, or from or through any particular agent, solicitor,

38-19    insurer, or any other person or entity, as a condition of extending

38-20    or renewing credit, leasing or selling property, or furnishing

38-21    services;

38-22                      (B)  Conditioning the terms of credit or the sale

38-23    or lease of property upon acquisition of insurance from or through

38-24    the bank, its affiliate or subsidiary, or any other particular

38-25    person or entity;

38-26                      (C)  Rejecting any required policy solely because

38-27    such policy has been issued or underwritten by a person or entity

38-28    who is not associated with such bank; or

38-29                      (D)  Imposing any requirement on any agent or

38-30    broker not associated with the bank that is not imposed on any

 39-1    agent or broker who is associated with such bank, subsidiary, or

 39-2    affiliate.

 39-3                (2)  Bank Affiliated Agent Disclosures.  When the agent

 39-4    is a bank, affiliated with a bank for the purpose of the sale of

 39-5    insurance products through common ownership, management, or

 39-6    control, or offers or sells insurance from a bank's premises,

 39-7    failing to disclose clearly in all promotional materials relating

 39-8    to insurance products distributed to customers and potential

 39-9    customers that insurance products sold through or in the bank or

39-10    its affiliate or subsidiary are not insured by the Federal Deposit

39-11    Insurance Corporation and that the products are not issued,

39-12    guaranteed, or underwritten by the bank or the Federal Deposit

39-13    Insurance Corporation.

39-14          (b)  Subsection (a)(1) of this section shall not prevent a

39-15    person who lends money or extends credit from placing insurance on

39-16    real or personal property in the event the mortgagor, borrower, or

39-17    purchaser has failed to provide required insurance in accordance

39-18    with the terms of the loan or credit document.

39-19          Sec. 3.  DISCLOSURE REQUIRED BY BANKS.  (a)  The following

39-20    disclosure requirements apply to all agents which are banks, or

39-21    which offer or sell insurance from a bank's premises.  Promotional

39-22    materials relating to insurance products distributed to customers

39-23    and potential customers shall clearly disclose that insurance

39-24    products sold through the bank affiliated agent are not insured by

39-25    the Federal Deposit Insurance Corporation and that the product is

39-26    not issued, guaranteed, or underwritten by the bank or the Federal

39-27    Deposit Insurance Corporation.

39-28          (b)  At the time a loan application is made, a bank must

39-29    provide to the customer a written disclosure in substantially the

39-30    form provided by this subsection.  The disclosure form must be

 40-1    separate and apart from any loan application or loan document.  The

 40-2    bank employee who presents the disclosure and the customer shall

 40-3    sign and date the disclosure form.  One copy of the disclosure form

 40-4    shall be maintained by the bank in the loan file and one copy shall

 40-5    be provided to the customer for his or her records.

 40-6          The disclosure shall be in substantially the following form:

 40-7                           "CUSTOMER DISCLOSURE

 40-8          "You have applied for a loan with the bank.  As permitted by

 40-9    the Texas Credit Code, the bank is requiring that collateral used

40-10    to secure the loan be insured to cover the amount of the loan to

40-11    the extent insurance is available on the property to be insured,

40-12    against the usual and customary casualty losses.

40-13          "You have the right to provide this insurance either through

40-14    existing policies already owned or controlled by you or by

40-15    procuring the insurance through any insurance agent or company

40-16    authorized to transact business in Texas.

40-17          "The bank, through its own insurance agency, can also make

40-18    this insurance available to you.  However, federal and state laws

40-19    provide that the bank cannot require you to obtain insurance

40-20    through the bank, its subsidiary, an affiliate, or any particular

40-21    unaffiliated third party either as a condition to obtaining this

40-22    credit or to obtain special terms or consideration.

40-23          "Insurance products sold through or in the bank or its

40-24    affiliate or subsidiary are not insured by the Federal Deposit

40-25    Insurance Corporation nor are the products issued, guaranteed, or

40-26    underwritten by the bank or the Federal Deposit Insurance

40-27    Corporation.

40-28          "You are not required or obligated to purchase insurance from

40-29    the bank or any subsidiary, affiliate, or particular unaffiliated

40-30    third party as a condition to obtaining your loan, nor will your

 41-1    decision as to insurance agents affect your credit terms in any

 41-2    way.

 41-3    ____________________                  ____________________

 41-4    "Customer                             Date

 41-5    ____________________

 41-6    Employee of Bank"

 41-7          (c)  An agent that is affiliated with a bank for the purpose

 41-8    of the sale of insurance products through common ownership,

 41-9    management, or control may not complete a sale of insurance

41-10    covering the collateral securing or proposed to secure a loan with

41-11    the same bank prior to the bank making a commitment on such loan

41-12    transaction.

41-13          (d)  The commissioner may amend the disclosure form as

41-14    necessary to comply with federal or state law.

41-15          Sec. 4.  INDEPENDENCE OF BANK AGENTS FROM LOAN TRANSACTIONS.

41-16    (a)  If insurance is offered or sold to a bank customer in

41-17    connection with a loan transaction by a bank, the insurance sales

41-18    person involved in that insurance transaction must be independent

41-19    of that lending transaction and may not also be the person or

41-20    persons making that loan.

41-21          (b)  This provision shall not apply to banks which have $40

41-22    million or less in total assets as reported on the most recent

41-23    Federal Financial Institutions Examination Council (FFIEC)

41-24    Consolidated Report of Condition and Income or any successor report

41-25    required by federal or state law.  In addition, this provision

41-26    shall not apply to transactions in which the insurance sold is a

41-27    credit life, credit disability, credit property, or involuntary

41-28    unemployment product sold in conjunction with a credit transaction.

41-29          Sec. 5.  COMMISSIONER OF INSURANCE MAY ESTABLISH RULES AND

41-30    REGULATIONS.  The commissioner is authorized to establish, and from

 42-1    time to time to amend, reasonable rules and regulations to comply

 42-2    with federal law applicable to the sale of insurance and for the

 42-3    implementation and administration of this article.

 42-4          SECTION 23.  This Act takes effect September 1, 1997.

 42-5          SECTION 24.  The importance of this legislation and the

 42-6    crowded condition of the calendars in both houses create an

 42-7    emergency and an imperative public necessity that the

 42-8    constitutional rule requiring bills to be read on three several

 42-9    days in each house be suspended, and this rule is hereby suspended.