By:  Bivins                                   S.B. No. 750

         97S0550/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the issuance and revocation of licenses for certain

 1-2     nonresident insurance agents.

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

 1-4           SECTION 1.  Article 21.11, Insurance Code, is amended to read

 1-5     as follows:

 1-6           Art. 21.11.  NONRESIDENT [COMMISSIONS TO NON-RESIDENTS;

 1-7     CANCELLATION OF NON-RESIDENT AGENT'S LICENSE; NON-RESIDENT] AGENT

 1-8     [NOT TO ACT AS SURPLUS LINES AGENT.]

 1-9           Sec. 1.  NONRESIDENT AGENT LICENSE.  (a)  Notwithstanding

1-10     Sections 3(a) and (b), Article 21.14 of this code, the department

1-11     shall license a person who is not a resident of this state to act

1-12     as a local recording agent in accordance with Article 21.14 of this

1-13     code, subject to the limitations of this article.

1-14           (b)  An applicant for issuance of a license under this

1-15     section must meet the requirements for issuance of a license under

1-16     Article 21.14 of this code, except that the department shall waive

1-17     any license requirement for an applicant with a valid license from

1-18     another state or jurisdiction that has license requirements

1-19     substantially equivalent to those of this state.

1-20           Sec. 2.  RIGHTS OF LICENSE HOLDER.  (a)  Except as provided

1-21     by this section, a license issued under this article to an

1-22     individual who is not a resident of this state grants the same

1-23     rights and privileges afforded under a license issued under Article

 2-1     21.14 of this code.

 2-2           (b)  A person who holds a license issued under this article

 2-3     may not solicit insurance business in this state by any method,

 2-4     including an oral, written, or electronic communication.

 2-5           (c)  The commissioner shall impose on a resident of another

 2-6     state or jurisdiction who is an applicant for a license or a holder

 2-7     of a license issued under this article  any requirement or

 2-8     restriction that:

 2-9                 (1)  the other state or jurisdiction imposes on a

2-10     resident of this state who is a nonresident applicant or license

2-11     holder in that state or jurisdiction; and

2-12                 (2)  is in addition to or stricter than the

2-13     requirements or restrictions imposed under the insurance law of

2-14     this state on an applicant or license holder who is not a resident

2-15     of this state.

2-16           (d)  For purposes of Subsection (c) of this section,

2-17     "requirement or restriction" includes a requirement or restriction

2-18     imposed by a law or regulation that:

2-19                 (1)  limits the rights or privileges of a person;

2-20                 (2)  affects a commission or other compensation paid to

2-21     a person; or

2-22                 (3)  imposes a condition precedent on a person.

2-23           Sec. 3.  LIMITATIONS.  (a)  This article does not permit:

2-24                 (1)  [Any person, agent, firm, or corporation licensed

2-25     by the Board to act as a fire and marine, marine, tornado, rent,

 3-1     accident, casualty, liability, health, elevator, disability, plate

 3-2     glass, burglary, bonding, title, surety or fidelity insurance agent

 3-3     in the State of Texas, is hereby prohibited from paying, directly

 3-4     or indirectly, any commission, brokerage or other valuable

 3-5     consideration on account of any policy or policies covering

 3-6     property, person or persons in this State, to any person, persons,

 3-7     agent, firm or corporation that is a non-resident of this State, or

 3-8     to any person or persons, agent, firm or corporation not duly

 3-9     licensed by the Board as a fire, fire and marine, marine, tornado,

3-10     rent, accident, casualty, liability, health, elevator, disability,

3-11     plate glass, burglary, bonding, title, surety or fidelity insurance

3-12     agent; excepting however, that on any policy of insurance

3-13     originated by a Licensed Non-Resident Insurance Agent, as

3-14     hereinafter defined, and covering property or persons in this

3-15     State, a Texas local Recording Agent may divide the commission with

3-16     the originating Licensed Non-Resident Insurance Agent, but in any

3-17     such case the insurance company or carrier shall pay to the Texas

3-18     Local Recording Agent through which such policy is issued, signed

3-19     or countersigned, his minimum share, which shall be a sum not less

3-20     than the amount of commission or brokerage required to be paid by

3-21     the laws or regulations of the State of such originating

3-22     Non-Resident Agent when a similar policy of insurance is originated

3-23     by a Texas Local Recording Agent covering persons or property in

3-24     such other State.]

3-25           [Nothing herein shall prevent a Texas Local Recording Agent

 4-1     from dividing with, or paying commissions to, another Texas Local

 4-2     Recording Agent.  Nothing herein shall relieve any insurance

 4-3     company or carrier covered thereby from writing Texas risks through

 4-4     Texas agents as provided in  Article 21.09, Insurance Code.]

 4-5           [A Licensed Non-Resident Insurance Agent is any person, firm

 4-6     or corporation residing or domiciled in another State and having a

 4-7     Non-Resident Insurance Agent's license as is hereinafter

 4-8     authorized.]

 4-9           [Upon application, in such form as the Board of Insurance

4-10     Commissioners may require, a non-resident of this State who is duly

4-11     licensed to transact insurance other than life under the laws of

4-12     the State wherein such applicant resides, if such State does not

4-13     prohibit residents of this State from acting as insurance agent

4-14     therein, the Board of Insurance Commissioners may issue to such

4-15     applicant a Non-Resident Agent's license.]

4-16           [The issuance of a Non-Resident Agent's license shall be for

4-17     the purpose of permitting a Local Recording Agent of Texas to

4-18     divide commission with an agent of another State on insurance

4-19     covering property or persons in this State placed with or through a

4-20     Local Recording Agent, and to permit an agent of another State, who

4-21     qualifies and is licensed as a Non-Resident Agent, to inspect and

4-22     service such risks in Texas, which license shall be subject to the

4-23     same fees, qualifications, requirements and restrictions as apply

4-24     to Local Recording Agents of this State, except that an office

4-25     shall not be maintained in this State by a Non-Resident Agent and

 5-1     all such insurance transacted shall be through licensed Local

 5-2     Recording Agents as provided in Article 21.09 of the Texas

 5-3     Insurance Code; and provided further that a Non-Resident Agent

 5-4     shall transact all matters with the Board of Insurance

 5-5     Commissioners relating to rates and rate engineering and

 5-6     terminology of standard policy forms through Local Recording

 5-7     Agents, and nothing contained herein shall be construed as granting

 5-8     authority to a Non-Resident Agent to transact such matters directly

 5-9     with the Board of Insurance Commissioners; and, except that the

5-10     Board of Insurance Commissioners, at its discretion, on payment by

5-11     applicant of the examination fee, may enter into a reciprocal

5-12     arrangement with the officer having jurisdiction of insurance

5-13     business in any other State to accept in lieu of the written

5-14     examination of such an applicant residing therein, a certificate of

5-15     such officer to the effect that the applicant is licensed as an

5-16     insurance agent in such State and has complied with its

5-17     qualification standards in respect to the following:]

5-18                 [(a)  Experience or training;]

5-19                 [(b)  Reasonable familiarity with the broad principles

5-20     of insurance, licensing and regulatory laws, and with provisions,

5-21     terms, and conditions of the insurance which applicant proposes to

5-22     transact; and]

5-23                 [(c)  A fair and general understanding of the

5-24     obligations and duties of an insurance agent.]

5-25           [Nothing contained herein shall be construed to permit] any

 6-1     person or firm [who is] licensed solely as a broker in the person's

 6-2     or firm's state [State] of [his] residence to be granted a

 6-3     [Non-Resident] license under this article [as referred to herein];

 6-4                 (2)  [provided further that nothing contained herein

 6-5     shall be construed to permit] a holder of a [Non-Resident Agent's]

 6-6     license issued under this article to act as a surplus lines agent

 6-7     [Surplus Lines Agent] under [the provisions of] Article 1.14-2 of

 6-8     this code [the Insurance Code] or to perform any of the acts

 6-9     permitted under Article 1.14-2 of this code; [thereunder] or

6-10                 (3)  [to permit] any person or firm who holds a

6-11     [Non-Resident Agent's] license issued under this article [as

6-12     authorized herein] to engage in any form of direct solicitation of

6-13     insurance within this state [State].

6-14           (b)  The commissioner shall revoke a [A Non-Resident Agent's]

6-15     license issued under this article if the commissioner finds [shall

6-16     be cancelled and not be subject to reissuance when it is found by

6-17     the Board of Insurance Commissioners] that the [such] license was

6-18     obtained or is being used for the purpose of transacting insurance

6-19     through a local recording agent [Local Recording Agent] in [such] a

6-20     manner that permits the individual licensed under this article [as

6-21     to permit a Non-Resident Agent], by subterfuge, to transact

6-22     insurance as a local recording agent.

6-23           (c)  In the circumstances described by Subsection (b) of this

6-24     section, the commissioner shall also revoke [Local Recording Agent,

6-25     and in which event] the license of the affected local recording

 7-1     agent.

 7-2           (d)  A license revoked under Subsection (b) or (c) of this

 7-3     section is [Local Recording Agent likewise shall be cancelled and]

 7-4     not [be] subject to reissuance.

 7-5           (e)  The commissioner shall order that any [and all]

 7-6     insurance transacted under an [such] arrangement described by

 7-7     Subsection (b) of this section [shall] be cancelled[, provided

 7-8     further that the provisions of Sections 16 and 17, Article 21.14 of

 7-9     the Insurance Code shall apply to such cancellation].

7-10           Sec. 4.  HOME OFFICE EMPLOYEE.  This article does not affect

7-11     the authority established under Section 20, Article 21.14 of this

7-12     code of an actual full-time home office salaried employee of an

7-13     insurance carrier licensed to do business in this state.

7-14           Sec. 5.  RULES.  The commissioner may adopt rules to

7-15     implement this article.

7-16           SECTION 2.  Article 21.09, Insurance Code, is repealed.

7-17           SECTION 3.  This Act takes effect September 1, 1997, and

7-18     applies only to conduct occurring on or after that date.  Conduct

7-19     occurring before the effective date of this Act is governed by the

7-20     law as it existed immediately before the effective date of this

7-21     Act, and that law is continued in effect for that purpose.

7-22           SECTION 4.  The importance of this legislation and the

7-23     crowded condition of the calendars in both houses create an

7-24     emergency and an imperative public necessity that the

7-25     constitutional rule requiring bills to be read on three several

 8-1     days in each house be suspended, and this rule is hereby suspended.