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.

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