By Madla                                         S.B. No. 206

      75R3696 DLF-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to licensing requirements for certain insurance agents.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.   Article 21.02, Insurance Code, is amended to

 1-5     read as follows:

 1-6           Art. 21.02.  WHO ARE AGENTS.  (a)  Any person who makes an

 1-7     oral, written, or electronic communication to solicit or who

 1-8     otherwise solicits insurance on behalf of any insurance company,

 1-9     whether incorporated under the laws of this or any other state or

1-10     foreign government, or who takes or transmits other than for

1-11     himself any application for insurance or any policy of insurance to

1-12     or from such company, or who advertises or otherwise gives notice

1-13     that he will receive or transmit the same, or who shall receive or

1-14     deliver a policy of insurance of any such company, or who shall

1-15     examine or inspect any risk, or receive, or collect, or transmit

1-16     any premium of insurance, or make or forward any diagram of any

1-17     building or buildings, or do or perform any other act or thing in

1-18     the making or consummating of any contract of insurance for or with

1-19     any such insurance company other than for himself, or who shall

1-20     examine into, or adjust, or aid in adjusting, any loss for or on

1-21     behalf of any such insurance company, whether any of such acts

1-22     shall be done at the instance or request, or by the employment of

1-23     such insurance company, or of, or by, any broker or other person,

1-24     shall be held to be the agent of the company for which the act is

 2-1     done, or the risk is taken, as far as relates to all the

 2-2     liabilities, duties, requirements and penalties set forth in this

 2-3     chapter.

 2-4           (b)  This article does not authorize an agent to orally, in

 2-5     writing, or otherwise alter, amend, modify, waive, or change a term

 2-6     or condition of an insurance policy or application for an insurance

 2-7     policy.

 2-8           (c)  The provisions of this subchapter shall not apply to

 2-9     citizens of this State who arbitrate in the adjustment of losses

2-10     between the insurers and insured, nor to the adjustment of

2-11     particular or general average losses of vessels or cargoes by

2-12     marine adjusters who had paid an occupation tax of Two Hundred

2-13     ($200.00) Dollars for the year in which the adjustment is made, nor

2-14     to practicing attorneys at law in the State of Texas, acting in the

2-15     regular transaction of their business as such attorneys at law, and

2-16     who are not local agents, nor acting as adjusters for any insurance

2-17     company.

2-18           (d)  Any person who shall do any of the acts mentioned in

2-19     this article for or on behalf of any insurance company without such

2-20     company having first complied with the requirements of the laws of

2-21     this State, shall be personally liable to the holder of any policy

2-22     of insurance in respect of which such act was done for any loss

2-23     covered by the same.

2-24           SECTION 2.   Section 1, Article 21.07, Insurance Code, is

2-25     amended by adding Subsection (d) to read as follows:

2-26           (d)  Each officer or employee of any insurance company

2-27     licensed to do business in this state who negotiates or solicits

 3-1     any type of insurance on behalf of that company must be

 3-2     individually licensed under this article.  For purposes of this

 3-3     section, a person negotiates or solicits insurance if that person

 3-4     makes any oral, written, or electronic communication to another

 3-5     person regarding insurance coverage, rates, benefits, or policy

 3-6     terms for the purpose of soliciting insurance.

 3-7           SECTION 3.   Article 21.09, Insurance Code, is amended to

 3-8     read as follows:

 3-9           Art. 21.09.  RESIDENT AGENTS, COMPANIES EXCEPTED.  (a)  Any

3-10     fire, fire and marine, marine, tornado, rent, accident, casualty,

3-11     liability, health, elevator, disability, plate glass, burglary,

3-12     bonding, title, surety, or fidelity insurance company, legally

3-13     authorized to do business in this State is hereby prohibited from

3-14     authorizing or allowing any person, agent, firm or corporation that

3-15     is a nonresident of the State of Texas to issue, or cause to be

3-16     issued, to sign or countersign, or to deliver, or cause to be

3-17     delivered, any policy or policies of insurance on property, person

3-18     or persons located in this State, except through regularly licensed

3-19     local recording agents of such companies in Texas.  By the term

3-20     "Local Recording Agent" is meant a person or firm engaged in

3-21     soliciting and writing insurance, being authorized by an insurance

3-22     company or insurance carrier including Fidelity and Surety

3-23     Companies to solicit business and to write, sign, execute and

3-24     deliver policies of insurance and to bind companies on insurance

3-25     risks, and who maintains an office and a record of such business

3-26     and the transactions which are involved, who collects premiums on

3-27     such business and otherwise performs the customary duties of a

 4-1     local recording agent representing an insurance carrier in its

 4-2     relation with the public.

 4-3           (b)  This law shall not apply to property owned by the

 4-4     railroad companies or other common carriers.  Upon oath made in

 4-5     writing by any person that he can not procure insurance on property

 4-6     through such agents in Texas it shall be lawful for any insurance

 4-7     company not having an agent in Texas to insure property of any

 4-8     person upon application of said person, upon his filing said oath

 4-9     with the county clerk of the county in which such person resides,

4-10     and with the Board of Insurance Commissioners.

4-11           (c)  Countersigning may be effected manually or by stamp or

4-12     by any other method of printing, if authorized by the agent in

4-13     writing.

4-14           (d)  This Article shall not apply to insurance companies

4-15     whose general plan of operation does not contemplate the use of

4-16     local recording agents, and such companies may issue policies

4-17     signed by any of their other resident licensed agents. However, an

4-18     officer or employee of an insurance company described by Subsection

4-19     (a) of this article who negotiates or solicits any type of property

4-20     or casualty insurance on behalf of that company must be

4-21     individually licensed under Article 21.14 of this code.  For

4-22     purposes of this subsection, a person negotiates or solicits

4-23     insurance if that person makes any oral, written, or electronic

4-24     communication to another person regarding insurance coverage,

4-25     rates, benefits, or policy terms for the purpose of soliciting

4-26     insurance.

4-27           (e)  This Article shall not apply to bid bonds issued by any

 5-1     surety company authorized to do business in the State of Texas in

 5-2     connection with any public or private contract.

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

 5-4     amended to read as follows:

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

 5-6     TO;  OTHER EXCEPTIONS.  (a)  The [No] provisions of this article do

 5-7     not [shall] apply to the Life, Health and Accident Insurance

 5-8     business or the Life, Health and Accident Department of the

 5-9     companies engaged therein, nor shall it apply to any of the

5-10     following, namely:

5-11                 (1)  an [(a) Any] actual full-time home office salaried

5-12     employee of any insurance carrier licensed to do business in Texas,

5-13     other than an  employee who solicits or negotiates the sale of

5-14     insurance;

5-15                 (2)  an [. (b) Any] actual attorney in fact and its

5-16     actual traveling salaried representative as to business transacted

5-17     through such attorney in fact or salaried representative of any

5-18     reciprocal exchange or interinsurance exchange admitted to do

5-19     business in Texas;

5-20                 (3)  an [. (c) Any] adjuster of losses, and/or

5-21     inspector of risks, for an insurance carrier licensed to do

5-22     business in Texas;

5-23                 (4)  a [. (d) Any] General Agent or State Agent or

5-24     Branch Manager representing an admitted and licensed insurance

5-25     company or carrier, or insurance companies or carriers, in a

5-26     supervisory capacity;

5-27                 (5)  the [. (e) The] actual attorney in fact for any

 6-1     Lloyds; and

 6-2                 (6)  the [. (f) All] incorporated or unincorporated

 6-3     mutual insurance companies, their agents and representatives,

 6-4     organized and/or operating under and by authority of Chapters 16

 6-5     and 17 of this code.

 6-6           (b)  For purposes of Subsection (a)(1) of this section, an

 6-7     employee negotiates or solicits insurance if that employee makes

 6-8     any oral, written, or electronic communication to another person

 6-9     regarding insurance coverage, rates, benefits, or policy terms for

6-10     the purpose of soliciting insurance.

6-11           (c) [(g)]  Nothing in this entire article shall ever be

6-12     construed to apply to any member, agent, employee, or

6-13     representative of any county or farm mutual insurance company as

6-14     exempted under Chapters 16 and 17 of this code.

6-15           (d) [(h)]  Nothing in this article shall apply to the group

6-16     motor vehicle insurance business or the group motor vehicle

6-17     department of the companies engaged in that business.

6-18           SECTION 5.  This Act takes effect on September 1, 1997, and

6-19     applies only to the negotiation or solicitation of insurance on or

6-20     after January 1, 1998.  The negotiation or solicitation of

6-21     insurance before January 1, 1998, is governed by the law as it

6-22     existed immediately before the effective date of this Act, and that

6-23     law is continued in effect for this purpose.

6-24           SECTION 6.  The importance of this legislation and the

6-25     crowded condition of the calendars in both houses create an

6-26     emergency and an imperative public necessity that the

6-27     constitutional rule requiring bills to be read on three several

 7-1     days in each house be suspended, and this rule is hereby suspended.