1-1 By: Sibley S.B. No. 1894
1-2 (In the Senate - Filed March 18, 1997; March 25, 1997, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 4, 1997, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; April 4, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the authority of the Commissioner of Insurance to adopt
1-9 rules for general application.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article 1.03A, Insurance Code, is amended to read
1-12 as follows:
1-13 Art. 1.03A. Rules for General Application. (a) The
1-14 commissioner [Commissioner] may adopt rules [and regulations] for
1-15 the conduct and execution of the duties and functions of the
1-16 department only as authorized by a statute. Rules [and
1-17 regulations] adopted in accordance with this subsection must be for
1-18 general and uniform application and shall be published by the
1-19 commissioner [Commissioner] on the basis of a systematic
1-20 organization of the [such] rules by their subject matter and
1-21 content.
1-22 (b) The [Such] published rules shall be kept current and
1-23 shall be available in a form convenient to all interested persons.
1-24 (c) Each rule adopted under this article must be written in
1-25 clear and concise language.
1-26 (d) Each rule adopted under this article must state the
1-27 subject matter to be regulated and the specific statutory authority
1-28 for the rule. The use of this article or any other provision of
1-29 this code as general authority for the commissioner to adopt rules
1-30 is not sufficient to satisfy the requirements of this subsection.
1-31 A rule adopted by the commissioner that does not comply with the
1-32 requirements of this article is void.
1-33 SECTION 2. This Act takes effect September 1, 1997, and
1-34 applies only to a rule adopted by the Commissioner of Insurance on
1-35 or after that date.
1-36 SECTION 3. The importance of this legislation and the
1-37 crowded condition of the calendars in both houses create an
1-38 emergency and an imperative public necessity that the
1-39 constitutional rule requiring bills to be read on three several
1-40 days in each house be suspended, and this rule is hereby suspended.
1-41 * * * * *