By:  Sibley                                           S.B. No. 1894

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the authority of the Commissioner of Insurance to adopt

 1-2     rules for general application.

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

 1-4           SECTION 1.  Article 1.03A, Insurance Code, is amended to read

 1-5     as follows:

 1-6           Art. 1.03A.  Rules for General Application.  (a)  The

 1-7     commissioner [Commissioner] may adopt rules [and regulations] for

 1-8     the conduct and execution of the duties and functions of the

 1-9     department only as authorized by a statute.  Rules [and

1-10     regulations] adopted in accordance with this subsection must be for

1-11     general and uniform application and shall be published by the

1-12     commissioner [Commissioner] on the basis of a systematic

1-13     organization of the [such] rules by their subject matter and

1-14     content.

1-15           (b)  The [Such] published rules shall be kept current and

1-16     shall be available in a form convenient to all interested persons.

1-17           (c)  Each rule adopted under this article must be written in

1-18     clear and concise language.

1-19           (d)  Each rule adopted under this article must state the

1-20     subject matter to be regulated and the specific statutory authority

1-21     for the rule.  The use of this article or any other provision of

1-22     this code as general authority for the commissioner to adopt rules

1-23     is not sufficient to satisfy the requirements of this subsection.

 2-1           SECTION 2.  This Act takes effect September 1, 1997, and

 2-2     applies only to a rule adopted by the Commissioner of Insurance on

 2-3     or after that date.

 2-4           SECTION 3.  The importance of this legislation and the

 2-5     crowded condition of the calendars in both houses create an

 2-6     emergency and an imperative public necessity that the

 2-7     constitutional rule requiring bills to be read on three several

 2-8     days in each house be suspended, and this rule is hereby suspended.