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.