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.  Subsections (b) and (c), Section 1, Chapter 213,

 1-4     Acts of the 54th Legislature, 1955 (Article 21.07-1, Vernon's Texas

 1-5     Insurance Code), are amended to read as follows:

 1-6           (b)  The term "life insurance agent" for the purpose of this

 1-7     Act means any person or corporation that is an authorized agent of

 1-8     a legal reserve life insurance company, and any person who is a

 1-9     sub-agent of such agent, who acts as such, whether through an oral,

1-10     written, or electronic communication or otherwise, in the

1-11     solicitation of, negotiation for, or procurement of, or collection

1-12     of premiums on, an insurance or annuity contract with a legal

1-13     reserve life insurance company;  except that the term "life

1-14     insurance agent" shall not include:

1-15                 (1)  any regular salaried officer or employee of a

1-16     legal reserve life insurance company, or of a licensed life

1-17     insurance agent, who devotes substantially all of his or her time

1-18     to activities other than the solicitation of applications for

1-19     insurance or annuity contracts and receives no commission or other

1-20     compensation directly dependent upon the business obtained, and who

1-21     does not solicit or accept from the public applications for

1-22     insurance or annuity contracts;

1-23                 (2)  employers or their officers or employees, or the

 2-1     trustees of any employee benefit plan, to the extent that such

 2-2     employers, officers, employees or trustees are engaged in the

 2-3     administration or operation of any program of employee benefits

 2-4     involving the use of insurance or annuities issued by a legal

 2-5     reserve life insurance company, provided that such employers,

 2-6     officers, employees or trustees are not in any manner compensated,

 2-7     directly or indirectly, by the legal reserve life insurance company

 2-8     issuing such insurance or annuity contracts;

 2-9                 (3)  banks, savings and loan associations, or credit

2-10     unions, or the officers and employees of banks, savings and loan

2-11     associations, or credit unions, to the extent that such banks,

2-12     savings and loan associations, credit unions, or officers and

2-13     employees collect and remit premiums by charging same against

2-14     accounts of depositors on the orders of such depositors;

2-15                 (4)  a ticket-selling agent of a public carrier with

2-16     respect to accident life insurance tickets covering risks of

2-17     travel; or

2-18                 (5)  an agent selling credit life, health and accident

2-19     insurance issued exclusively in connection with credit

2-20     transactions, or acting as agent or solicitor for health and

2-21     accident insurance under license issued pursuant to the provisions

2-22     of Article 21.14 of the Texas Insurance Code.

2-23           (c)  The term "sub-agent" means any person, except a regular

2-24     salaried officer or employee of a legal reserve life insurance

2-25     company, or of a licensed life insurance agent, engaging in

 3-1     activities defined in Paragraph 1(b), above, who acts for or on

 3-2     behalf of a licensed life insurance agent, whether through an oral,

 3-3     written, or electronic communication or otherwise, in the

 3-4     solicitation of, negotiation for, or procurement or making of, or

 3-5     collection of premiums on, an insurance or annuity contract,

 3-6     whether or not he is designated by such agent as a sub-agent or a

 3-7     solicitor or by any other title.  Each such sub-agent shall be

 3-8     deemed to be a life insurance agent, as defined above, and

 3-9     wherever, in succeeding Sections of this Act, the term "life

3-10     insurance agent" is used, it shall include sub-agents, whether or

3-11     not they are specifically mentioned.  Each such sub-agent shall be

3-12     subject to the provisions of this Act to the same extent as a life

3-13     insurance agent.

3-14           SECTION 2.  Subsection (a), Section 16, Chapter 213, Acts of

3-15     the 54th Legislature, 1955 (Article 21.07-1, Vernon's Texas

3-16     Insurance Code), is amended to read as follows:

3-17           (a)  In this section, "accident and health insurance agent"

3-18     means any person or corporation that is an authorized agent of a

3-19     legal reserve life insurance company and who acts as such agent,

3-20     whether through an oral, written, or electronic communication or

3-21     otherwise, only in the solicitation of, negotiation for,

3-22     procurement of, or collection of premiums on an accident and health

3-23     insurance contract with a legal reserve life insurance company, but

3-24     does not include:

3-25                 (1)  a regular salaried officer or employee of a legal

 4-1     reserve life insurance company, or of a licensed life or accident

 4-2     and health insurance agent, who devotes substantially all of his or

 4-3     her time to activities other than the solicitation of applications

 4-4     for insurance contracts and receives no commission or other

 4-5     compensation directly dependent upon the business obtained and who

 4-6     does not solicit or accept from the public applications for

 4-7     insurance contracts;

 4-8                 (2)  employers or their officers or employees, or the

 4-9     trustees of any employee benefit plan, to the extent that those

4-10     employers, officers, employees, or trustees are engaged in the

4-11     administration or operation of any program of employee benefits

4-12     involving the use of insurance issued by a legal reserve life

4-13     insurance company, provided that those employers, officers,

4-14     employees, or trustees are not in any manner compensated directly

4-15     or indirectly by the legal reserve life insurance company issuing

4-16     the insurance contracts;

4-17                 (3)  banks or their officers and employees to the

4-18     extent that the banks, or their officers, and employees collect and

4-19     remit premiums by charging the premiums against the account of a

4-20     depositor on the orders of the depositor;

4-21                 (4)  a ticket-selling agent of a public carrier with

4-22     respect to accident and health insurance tickets covering risks of

4-23     travel; or

4-24                 (5)  an agent selling credit health and accident

4-25     insurance issued exclusively in connection with credit

 5-1     transactions, or acting as agent or solicitor for health and

 5-2     accident insurance under a license issued under either Article

 5-3     21.07, Article 21.07-1, or Article 21.14, Insurance Code.

 5-4           SECTION 3.  Section 20, Article 21.14, Insurance Code, is

 5-5     amended to read as follows:

 5-6           Sec. 20.  LIFE, HEALTH AND ACCIDENT INSURANCE, INAPPLICABLE

 5-7     TO; OTHER EXCEPTIONS.  The [No] provisions of this article do not

 5-8     [shall] apply to the Life, Health and Accident Insurance business

 5-9     or the Life, Health and Accident Department of the companies

5-10     engaged therein, nor shall it apply to any of the following,

5-11     namely:

5-12           (a)  Any actual full-time home office salaried employee of

5-13     any insurance carrier licensed to do business in Texas, other than

5-14     an employee who solicits or receives an application for the sale of

5-15     insurance through an oral, written, or electronic communication in

5-16     accordance with Section 20A of this article.

5-17           (b)  Any actual attorney in fact and its actual traveling

5-18     salaried representative as to business transacted through such

5-19     attorney in fact or salaried representative of any reciprocal

5-20     exchange or interinsurance exchange admitted to do business in

5-21     Texas.

5-22           (c)  Any adjuster of losses, and/or inspector of risks, for

5-23     an insurance carrier licensed to do business in Texas.

5-24           (d)  Any General Agent or State Agent or Branch Manager

5-25     representing an admitted and licensed insurance company or carrier,

 6-1     or insurance companies or carriers, in a supervisory capacity.

 6-2           (e)  The actual attorney in fact for any Lloyds.

 6-3           (f)  All incorporated or unincorporated mutual insurance

 6-4     companies, their agents and representatives, organized and/or

 6-5     operating under and by authority of Chapters 16 and 17 of this

 6-6     code.

 6-7           (g)  Nothing in this entire article shall ever be construed

 6-8     to apply to any member, agent, employee, or representative of any

 6-9     county or farm mutual insurance company as exempted under Chapters

6-10     16 and 17 of this code.

6-11           (h)  Nothing in this article shall apply to the group motor

6-12     vehicle insurance business or the group motor vehicle department of

6-13     the companies engaged in that business.

6-14           (i)  Salaried employees not involved in solicitation or

6-15     negotiation of insurance in the office of a local recording agent

6-16     who devote their full time to clerical and administrative services,

6-17     including the incidental taking of information from customers and

6-18     receipt of premiums in the office of a local recording agent,

6-19     provided the employees do not receive any commissions and their

6-20     compensation is not varied by the volume of premiums taken and

6-21     received.

6-22           SECTION 4.  Article 21.14, Insurance Code, is amended by

6-23     adding Section 20A to read as follows:

6-24           Sec. 20A.  FULL-TIME HOME OFFICE SOLICITORS:  MANDATORY

6-25     REGISTRATION, CONTINUING EDUCATION, AND NOTIFICATION TO CONSUMERS;

 7-1     DISCIPLINARY ACTIONS.  (a)  Any actual full-time home office

 7-2     salaried employee of any insurance carrier licensed to do business

 7-3     in Texas who solicits or receives an application for the sale of

 7-4     insurance through an oral, written, or electronic communication

 7-5     shall register with the commissioner.

 7-6           (b)  Any insurance carrier licensed to do business in Texas

 7-7     whose general plan of operation includes the use of employees

 7-8     described in Subsection (a) of this section shall certify to the

 7-9     commissioner that such employees receive continuing education of

7-10     not less than 15 hours per year designed to give such employees:

7-11                 (1)  reasonable familiarity with the broad principles

7-12     of insurance, with licensing and regulatory laws, and with

7-13     provisions, terms, and conditions of the insurance which the

7-14     registrant transacts; and

7-15                 (2)  a fair and general understanding of the

7-16     obligations and duties of an insurer to an insured, including

7-17     training in ethical considerations.

7-18           (c)  The registration of any actual full-time home office

7-19     salaried employee shall be suspended and the employer insurance

7-20     carrier may be disciplined in accordance with the insurance laws of

7-21     this state, if the commissioner finds that the registrant:

7-22                 (1)  has wilfully violated any provision of this code,

7-23     the laws of this state, or a rule of the commissioner;

7-24                 (2)  has been guilty of fraudulent or dishonest acts;

7-25                 (3)  has materially misrepresented the terms and

 8-1     conditions of any insurance policies or contracts;

 8-2                 (4)  has made or issued, or caused to be made or

 8-3     issued, any statement misrepresenting or making incomplete

 8-4     comparisons regarding the terms or conditions of any insurance

 8-5     contract legally issued by an insurance carrier for the purpose of

 8-6     inducing or attempting to induce the owner of such contract to

 8-7     forfeit or surrender such contract or allow it to expire for the

 8-8     purpose of replacing such contract with another;

 8-9                 (5)  is guilty of rebating any insurance premium or

8-10     discriminating as between insureds; or

8-11                 (6)  has been convicted of a felony involving fraud or

8-12     breach of fiduciary duty.

8-13           (d)  Registrants under this section shall disclose such

8-14     registration when making an oral, written, or electronic

8-15     communication to solicit or receive an application for the sale of

8-16     insurance.

8-17           (e)  The commissioner shall adopt rules to implement the

8-18     provisions of this section.

8-19           SECTION 5.  Subchapter A, Chapter 21, Insurance Code, is

8-20     amended by adding Article 21.15-7 to read as follows:

8-21           Art. 21.15-7.  INTERIM STUDY OF AGENTS AND AGENTS' LICENSES

8-22     STATUTES BY COMMISSIONER.  The commissioner shall review and

8-23     evaluate the current agents and agents' licenses statutes in this

8-24     subchapter and report to the legislature on the findings no later

8-25     than January 1, 1999.  In the review and evaluation of such

 9-1     statutes the commissioner shall determine any changes needed:  to

 9-2     address new methods of marketing insurance, including new

 9-3     technologies such as the Internet and telemarketing; to reduce the

 9-4     number and types of agents' licenses and streamline and combine

 9-5     such licenses where feasible; to determine which provisions of

 9-6     these statutes should consistently apply to all licenses to be

 9-7     granted under this subchapter; and to address other problems which

 9-8     exist or may be occurring with agents' licensing requirements.  In

 9-9     performing the review and evaluation, the commissioner shall

9-10     appoint an advisory committee to assist in the evaluation and to

9-11     obtain input from the various interested parties.  The advisory

9-12     committee shall include independent agents, life and health agents,

9-13     captive agents, insurers (including direct writers and insurers

9-14     that utilize agents), consumers, banks, and others who the

9-15     commissioner believes could contribute to the evaluation.

9-16           SECTION 6.  This Act takes effect September 1, 1997.

9-17           SECTION 7.  The importance of this legislation and the

9-18     crowded condition of the calendars in both houses create an

9-19     emergency and an imperative public necessity that the

9-20     constitutional rule requiring bills to be read on three several

9-21     days in each house be suspended, and this rule is hereby suspended.

                                                                S.B. No. 206

         ________________________________   ________________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 206 passed the Senate on

         March 26, 1997, by a viva-voce vote; May 10, 1997, Senate refused

         to concur in House amendments and requested appointment of

         Conference Committee; May 13, 1997, House granted request of the

         Senate; May 31, 1997, Senate adopted Conference Committee Report by

         a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 206 passed the House, with

         amendments, on May 8, 1997, by a non-record vote; May 13, 1997,

         House granted request of the Senate for appointment of Conference

         Committee; May 31, 1997, House adopted Conference Committee Report

         by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         ________________________________

                      Date

         ________________________________

                    Governor