By:  Madla                                             S.B. No. 206

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to licensing requirements for certain insurance agents.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Section 20, Article 21.14, Insurance Code, is

 1-4     amended to read as follows:

 1-5           Sec. 20.  LIFE, HEALTH AND ACCIDENT INSURANCE, INAPPLICABLE

 1-6     TO; OTHER EXCEPTIONS.  The [No] provisions of this article do not

 1-7     [shall] apply to the Life, Health and Accident Insurance business

 1-8     or the Life, Health and Accident Department of the companies

 1-9     engaged therein, nor shall it apply to any of the following,

1-10     namely:

1-11           (a)  Any actual full-time home office salaried employee of

1-12     any insurance carrier licensed to do business in Texas, other than

1-13     an employee who solicits or receives an application for the sale of

1-14     insurance through an oral, written, or electronic communication in

1-15     accordance with Section 20A of this article.

1-16           (b)  Any actual attorney in fact and its actual traveling

1-17     salaried representative as to business transacted through such

1-18     attorney in fact or salaried representative of any reciprocal

1-19     exchange or interinsurance exchange admitted to do business in

1-20     Texas.

1-21           (c)  Any adjuster of losses, and/or inspector of risks, for

1-22     an insurance carrier licensed to do business in Texas.

1-23           (d)  Any General Agent or State Agent or Branch Manager

 2-1     representing an admitted and licensed insurance company or carrier,

 2-2     or insurance companies or carriers, in a supervisory capacity.

 2-3           (e)  The actual attorney in fact for any Lloyds.

 2-4           (f)  All incorporated or unincorporated mutual insurance

 2-5     companies, their agents and representatives, organized and/or

 2-6     operating under and by authority of Chapters 16 and 17 of this

 2-7     code.

 2-8           (g)  Nothing in this entire article shall ever be construed

 2-9     to apply to any member, agent, employee, or representative of any

2-10     county or farm mutual insurance company as exempted under Chapters

2-11     16 and 17 of this code.

2-12           (h)  Nothing in this article shall apply to the group motor

2-13     vehicle insurance business or the group motor vehicle department of

2-14     the companies engaged in that business.

2-15           (i)  Salaried employees not involved in solicitation or

2-16     negotiation of insurance in the office of a local recording agent

2-17     who devote their full time to clerical and administrative services,

2-18     including the incidental taking of information from customers and

2-19     receipt of premiums in the office of a local recording agent,

2-20     provided the employees do not receive any commissions and their

2-21     compensation is not varied by the volume of premiums taken and

2-22     received.

2-23           SECTION 2.  Article 21.14, Insurance Code, is amended by

2-24     adding Section 20A to read as follows:

2-25           Sec. 20A.  FULL-TIME HOME OFFICE SOLICITORS; MANDATORY

 3-1     REGISTRATION, CONTINUING EDUCATION, AND NOTIFICATION TO CONSUMERS;

 3-2     AND DISCIPLINARY ACTIONS.  (a)  Any actual full-time home office

 3-3     salaried employee of any insurance carrier licensed to do business

 3-4     in Texas who solicits or receives an application for the sale of

 3-5     insurance through an oral, written, or electronic communication

 3-6     shall register with the commissioner.

 3-7           (b)  Any insurance carrier licensed to do business in Texas

 3-8     whose general plan of operation includes the use of employees

 3-9     described in Subsection (a) shall certify to the commissioner that

3-10     such employees receive continuing education of not less than 15

3-11     hours per year designed to give such employees:

3-12                 (1)  reasonable familiarity with the broad principles

3-13     of insurance, with licensing and regulatory laws, and with

3-14     provisions, terms, and conditions of the insurance which the

3-15     registrant transacts; and

3-16                 (2)  a fair and general understanding of the

3-17     obligations and duties of an insurer to an insured, including

3-18     training in ethical considerations.

3-19           (c)  The registration of any actual full-time home office

3-20     salaried employee shall be suspended and the employer insurance

3-21     carrier may be disciplined in accordance with the insurance laws of

3-22     this state, if the commissioner finds that the registrant:

3-23                 (1)  has wilfully violated any provision of this code,

3-24     the laws of this state, or a rule of the commissioner;

3-25                 (2)  has been guilty of fraudulent or dishonest acts;

 4-1                 (3)  has materially misrepresented the terms and

 4-2     conditions of any insurance policies or contracts;

 4-3                 (4)  has made or issued, or caused to be made or

 4-4     issued, any statement misrepresenting or making incomplete

 4-5     comparisons regarding the terms or conditions of any insurance

 4-6     contract legally issued by an insurance carrier for the purpose of

 4-7     inducing or attempting to induce the owner of such contract to

 4-8     forfeit or surrender such contract or allow it to expire for the

 4-9     purpose of replacing such contract with another;

4-10                 (5)  is guilty of rebating any insurance premium or

4-11     discriminating as between insureds; or

4-12                 (6)  has been convicted of a felony involving fraud or

4-13     breach of fiduciary duty.

4-14           (d)  Registrants under this section shall disclose such

4-15     registration when making an oral, written, or electronic

4-16     communication to solicit or receive an application for the sale of

4-17     insurance.

4-18           (e)  The commissioner shall adopt rules to implement the

4-19     provisions of this section.

4-20           SECTION 3.  Chapter 21, Insurance Code, is amended by adding

4-21     Article 21.15-7 to read as follows:

4-22           Art. 21.15-7.  INTERIM STUDY OF AGENTS AND AGENTS' LICENSES

4-23     STATUTES BY COMMISSIONER.  The commissioner shall review and

4-24     evaluate the current agents and agents' licenses statutes in

4-25     Subchapter A of this chapter and report to the legislature on the

 5-1     findings no later than January 1, 1999.  In the review and

 5-2     evaluation of such statutes the commissioner shall determine any

 5-3     changes needed:  to address new methods of marketing insurance,

 5-4     including new technologies such as the Internet and telemarketing;

 5-5     to reduce the number and types of agents' licenses and streamline

 5-6     and combine such licenses where feasible; to determine which

 5-7     provisions of these statutes should consistently apply to all

 5-8     licenses to be granted under Subchapter A of this chapter; and to

 5-9     address other problems which exist or may be occurring with agents'

5-10     licensing requirements.  In performing the review and evaluation,

5-11     the commissioner shall appoint an advisory committee to assist in

5-12     the evaluation and to obtain input from the various interested

5-13     parties.  The advisory committee shall include independent agents,

5-14     captive agents, insurers (including direct writers and insurers

5-15     that utilize agents), consumers, banks, and others who the

5-16     commissioner believes could contribute to the evaluation.

5-17           SECTION 4.  This Act takes effect September 1, 1997.

5-18           SECTION 5.  The importance of this legislation and the

5-19     crowded condition of the calendars in both houses create an

5-20     emergency and an imperative public necessity that the

5-21     constitutional rule requiring bills to be read on three several

5-22     days in each house be suspended, and this rule is hereby suspended.