1-1     By:  Cain                                             S.B. No. 1565
 1-2           (In the Senate - Filed March 14, 1997; March 20, 1997, read
 1-3     first time and referred to Committee on Economic Development;
 1-4     April 18, 1997, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 1; April 18, 1997,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1565                    By:  Cain
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the qualifications and compensation of persons
1-11     performing examinations of insurance organizations.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Article 1.04A, Insurance Code, is amended to read
1-14     as follows:
1-15           Art. 1.04A.  Salaried Examiners.  (a)  In making examinations
1-16     of any insurance organization as provided by law, the department
1-17     shall only [may] use its own salaried examiners or [may use] the
1-18     services of persons having (i) knowledge of this code, the Texas
1-19     Administrative Code, and departmental procedural guidelines, rules,
1-20     and regulations; (ii) knowledge of association examination
1-21     procedures; (iii) the credentials of a certified financial examiner
1-22     as granted by the Society of Financial Examiners; (iv) extensive
1-23     experiences as the examiner-in-charge of association examinations;
1-24     (v) ability to supervise and train examination staff members of the
1-25     department; (vi) at least 10 years of examination experience as an
1-26     employee of the department; and (vii) Texas examination experience
1-27     within the preceding five years [or firms qualified to perform such
1-28     examinations or assist in the performance of such examinations].
1-29     Such examination shall cover the period of time that the department
1-30     requests.  In the event the department does not specify a longer
1-31     period of time, such examination shall be from the time of the last
1-32     examination theretofore made by the department to December 31st of
1-33     the year preceding the examination then being made.  All fees paid
1-34     to those persons [or firms] whose services are used shall be in
1-35     accordance with the provisions of this article [paid at the usual
1-36     and customary rates charged for the performance of those services,
1-37     subject to the right of the Commissioner to disapprove for payment
1-38     any fees that are excessive in relation to the services actually
1-39     performed].
1-40           (b)  Compensation for the contract examiners will be
1-41     calculated as 120 percent of the step 4, salary group 21, annual
1-42     amount from the position classification salary schedule and
1-43     converted to a daily rate.  No salary charge shall be made for days
1-44     on which examiners are absent due to sickness or any other cause,
1-45     provided the company is open for the normal transaction of
1-46     business.  If the examiner is available for work on site on any
1-47     national holiday or any other day that the company has optionally
1-48     closed for business, the examiner shall be allowed salary and per
1-49     diem allowances for that particular day.  Meals and lodging
1-50     expenses for examinations performed outside of a 50-mile radius of
1-51     the examiner's official domicile will be reimbursed on a basis not
1-52     to exceed rates published in the geographical expense reimbursement
1-53     plan (GERP).  No per diem meals and lodging reimbursement will be
1-54     allowed for examinations performed within a 50-mile radius of the
1-55     examiner's official domicile.  Examiners are authorized to return
1-56     to their official domicile every other weekend.  Expenses will be
1-57     paid based on the lesser of airfare or mileage.  This reimbursement
1-58     is made in lieu of the per diem allowance.  Mileage reimbursement
1-59     will be paid according to the rules of reimbursement in effect for
1-60     department examiners.  Payments under this subsection [Such
1-61     payment] shall be made by the insurance organization being examined
1-62     and all such examination fees so paid shall be allowed as a credit
1-63     on the amount of premium or other taxes to be paid by any such
1-64     insurance organization for the taxable year during which
 2-1     examination fees are paid just as examination fees are credited
 2-2     when the department uses its own salaried examiners.
 2-3           SECTION 2.  If any provision of this Act or its application
 2-4     to any person or circumstance is held invalid, the invalidity does
 2-5     not affect other provisions or applications of this Act that can be
 2-6     given effect without the invalid provision or application, and to
 2-7     this end the provisions of this Act are declared to be severable.
 2-8           SECTION 3.  Any rule adopted by the Commissioner of Insurance
 2-9     which is not in comformity with the standards set forth in Section
2-10     1 of this Act shall be null and void and of no force or effect.
2-11           SECTION 4.  If any provision of this Act is in conflict with
2-12     any other law, rule, regulation, or provision of the Insurance
2-13     Code, this Act shall control.
2-14           SECTION 5.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended,
2-19     and that this Act take effect and be in force from and after its
2-20     passage, and it is so enacted.
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