By:  Sibley                                           S.B. No. 1900

         97S0854/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the licensing of banks as insurance agents; providing a

 1-2     penalty.

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

 1-4           SECTION 1.  Subsections (a) and (b), Section 1, Article

 1-5     21.07, Insurance Code, are amended to read as follows:

 1-6           (a)  No person, [or] corporation, or bank shall act as an

 1-7     agent of any (i) local mutual aid association, (ii) local mutual

 1-8     burial association, (iii) statewide mutual assessment corporation,

 1-9     (iv) stipulated premium company, (v) county mutual insurance

1-10     company, (vi) casualty company writing accident and health

1-11     insurance, or (vii) any other type of insurance carrier licensed to

1-12     do business in the State of Texas and which insurance carrier's

1-13     agents are required to be licensed under the provisions of this

1-14     Article [21.07, Texas Insurance Code, 1951, as amended], on the

1-15     date that this Act shall become effective, unless he or it shall

1-16     have first procured a license from the department [State Board of

1-17     Insurance] as in this Article [21.07, as amended hereby], is

1-18     provided, and no such insurance carrier shall appoint any person,

1-19     [or] corporation, or bank to act as its agent unless such person,

1-20     [or] corporation, or bank shall have obtained a license under the

1-21     provisions of this Article, and no such person, [or] corporation,

1-22     or bank who obtains a license shall engage in business as an agent

1-23     until he or it shall have been appointed to act as an agent by some

 2-1     duly authorized insurance carrier designated by the provisions of

 2-2     this Article [21.07] and authorized to do business in the State of

 2-3     Texas.  Any person, [or] corporation, or bank desiring to act as an

 2-4     agent of any insurance carrier licensed to do business in the State

 2-5     of Texas and writing health and accident insurance may obtain a

 2-6     separate license as an agent to write health and accident insurance

 2-7     provided such person, [or] corporation, or bank complies with the

 2-8     provisions of this Article and has been appointed to act as an

 2-9     agent by some duly authorized insurance carrier authorized to do

2-10     health and accident insurance business in the State of Texas.

2-11           (b)  No insurer or licensed insurance agent doing business in

2-12     this State shall pay directly or indirectly any commission, or

2-13     other valuable consideration, to any person, [or] corporation, or

2-14     bank for services as an insurance agent within this State, unless

2-15     such person, [or] corporation, or bank shall hold a currently valid

2-16     license to act as an insurance agent as required by the laws of

2-17     this State; nor shall any person, [or] corporation, or bank other

2-18     than a duly licensed insurance agent, accept any such commission or

2-19     other valuable consideration; provided, however, that the

2-20     provisions of this Section shall not prevent the payment or receipt

2-21     of renewal or other deferred commissions to or by any person solely

2-22     because such person, [or] corporation, or bank has ceased to hold a

2-23     license to act as an insurance agent.

2-24           SECTION 2.  Article 21.07, Insurance Code, is amended by

2-25     adding Section 1C to read as follows:

 3-1           Sec. 1C.  LICENSING OF BANKS.  In this Article, "bank" means

 3-2     a national banking association organized and existing under the

 3-3     National Bank Act (12 U.S.C. Section 21 et seq.), a state bank

 3-4     organized and existing under the Texas Banking Act (Articles

 3-5     342-1.001 et seq., Vernon's Texas Civil Statutes), a state savings

 3-6     bank organized and existing under the Texas Savings Bank Act

 3-7     (Article 489e, Vernon's Texas Civil Statutes), a bank branch, or a

 3-8     bank operating subsidiary, located in this state in a municipality

 3-9     or county with a population of 5,000 or less.  A bank located in a

3-10     municipality or county with a population of 5,000 or less may own

3-11     at least 51 percent of a licensed corporate agent which is also

3-12     located in and doing business in a municipality or county with a

3-13     population of 5,000 or less, and is subject to the provisions of

3-14     Section 18(c) of this Article.

3-15           SECTION 3.  Sections 2 and 3, Article 21.07, Insurance Code,

3-16     are amended to read as follows:

3-17           Sec. 2.  Application for license; to whom license may be

3-18     issued.  (a)  Any person, [or] corporation, or bank that desires to

3-19     become an agent for a local mutual aid association, a local mutual

3-20     burial association, a statewide mutual assessment corporation, a

3-21     stipulated premium company, a county mutual insurance company, a

3-22     casualty company writing accident and health insurance, or any

3-23     other type of insurance carrier licensed to do business in the

3-24     State of Texas, the agents of which are required to be licensed

3-25     under this Article, shall submit to the department [State Board of

 4-1     Insurance] an application for a license in the form required by the

 4-2     department [Board].

 4-3           (b)  The application must bear a signed endorsement by an

 4-4     officer or properly authorized representative of the insurance

 4-5     carrier that the individual applicant or each member of the

 4-6     partnership or each officer, director, and shareholder of the

 4-7     corporation or the responsible officer and employee of the bank is

 4-8     qualified to hold himself or the partnership, [or] the corporation,

 4-9     or the bank out in good faith to the general public as an insurance

4-10     agent, and that the insurance carrier desires that the applicant

4-11     act as an insurance agent to represent it in this State.

4-12           (c)  The department [Board] shall issue a license to an

4-13     individual or to a general partnership engaging in the business of

4-14     insurance.  Each partner in the partnership must be licensed

4-15     individually as an agent under this Article.

4-16           (d)  The department [Board] shall issue a license to a

4-17     corporation if the department [Board] finds:

4-18                 (1)  That the corporation is a Texas corporation

4-19     organized or existing under the Texas Business Corporation Act or

4-20     the Texas Professional Corporation Act (Article 1528e, Vernon's

4-21     Texas Civil Statutes) having its principal place of business in the

4-22     State of Texas and having as one of its purposes the authority to

4-23     act as an agent covered by this Article;

4-24                 (2)  That every officer, director, and shareholder of

4-25     the corporation is individually licensed under the provisions of

 5-1     this Article, or that every officer and director of the corporation

 5-2     is individually licensed under this Article, that the corporation

 5-3     is a wholly owned subsidiary of a parent corporation that is

 5-4     licensed under this Article, and that every shareholder of the

 5-5     parent corporation is individually licensed under this Article; and

 5-6                 (3)  That such corporation will have the ability to pay

 5-7     any sums up to $25,000 which it might become legally obligated to

 5-8     pay on account of any claim made against it by any customer and

 5-9     caused by any negligent act, error, or omission of the corporation

5-10     or any person for whose acts the corporation is legally liable in

5-11     the conduct of its business under this Article.  The term

5-12     "customer" means any person, firm, or corporation to whom such

5-13     corporation sells or attempts to sell a policy of insurance, or

5-14     from whom such corporation accepts an application for insurance.

5-15     Such ability shall be proven in one of the following ways:

5-16                       (A)  an errors and omissions policy insuring such

5-17     corporation against errors and omissions in at least the sum of

5-18     $100,000 with no more than a $10,000 deductible feature issued by

5-19     an insurance company licensed to do business in the State of Texas

5-20     or, if a policy cannot be obtained from a company licensed to do

5-21     business in Texas, a policy issued by a company not licensed to do

5-22     business in Texas on filing an affidavit with the State Board of

5-23     Insurance stating the inability to obtain coverage and receiving

5-24     the Board's approval;

5-25                       (B)  a bond executed by such corporation as

 6-1     principal and a surety company authorized to do business in this

 6-2     State, as surety, in the principal sum of $25,000, payable to the

 6-3     State Board of Insurance for the use and benefit of customers of

 6-4     such corporation, conditioned that such corporation shall pay any

 6-5     final judgment recovered against it by any customer; or

 6-6                       (C)  a deposit of cash or securities of the class

 6-7     authorized by Articles 2.08 and 2.10, Insurance Code, as amended,

 6-8     having a fair market value of $25,000 with the State Treasurer.

 6-9     The State Treasurer is directed to accept and receive such deposit

6-10     and hold it exclusively for the protection of any customer of such

6-11     corporation recovering a final judgment against such corporation.

6-12     Such deposit may be withdrawn only upon filing with the Board

6-13     evidence satisfactory to it that the corporation has withdrawn from

6-14     business and has no unsecured liabilities outstanding, or that such

6-15     corporation has provided for the protection of its customers by

6-16     furnishing an errors and omissions policy or a bond as provided.

6-17     Securities so deposited may be exchanged from time to time for

6-18     other qualified securities.

6-19           A binding commitment to issue such a policy or bond, or the

6-20     tender of such securities, shall be sufficient in connection with

6-21     any application for license.

6-22           Nothing contained herein shall be construed to permit any

6-23     unlicensed employee or agent of any corporation to perform any act

6-24     of an agent under this Article without obtaining a license.

6-25           If at any time, any corporation holding an agent's license

 7-1     does not maintain the qualifications necessary to obtain a license,

 7-2     the license of such corporation to act as an agent shall be

 7-3     cancelled or denied in accordance with the provisions of Sections

 7-4     10 and 11 of this Article; provided, however, that should any

 7-5     person who is not a licensed agent under this Article acquire

 7-6     shares in such a corporation by devise or descent, that person

 7-7     shall have a period of 90 days from date of acquisition within

 7-8     which to obtain a license or to dispose of the shares to a person

 7-9     licensed under this Article.

7-10           Should such an unlicensed person acquire shares in a

7-11     corporation and not dispose of them within a period of 90 days to a

7-12     licensed agent, then they must be purchased by the corporation for

7-13     their book value, that is, the value of said shares of stock as

7-14     reflected by the regular books and records of said corporation, as

7-15     of the date of the acquisition of said shares by said unlicensed

7-16     person.  Should the corporation fail or refuse to so purchase such

7-17     shares, its license shall be cancelled.

7-18           Any such corporation shall have the power to redeem the

7-19     shares of any shareholder, or the shares of a deceased shareholder,

7-20     upon such terms as may be agreed upon by the board of directors and

7-21     such shareholder or such shareholder's personal representative, or

7-22     at a price and upon such terms as may be provided in the articles

7-23     of incorporation, the bylaws, or an existing contract entered into

7-24     between the shareholders of the corporation.

7-25           Each corporation licensed as an agent under this Article

 8-1     shall file, under oath, a list of the names and addresses of all of

 8-2     its officers, directors, and shareholders with its application for

 8-3     renewal license.

 8-4           Each corporation shall notify the State Board of Insurance

 8-5     upon any change in its officers, directors, or shareholders not

 8-6     later than the 30th day after the date on which the change becomes

 8-7     effective.

 8-8           Except as provided by Subdivision (2) of this subsection, a

 8-9     corporation may not own any interest in another corporation

8-10     licensed under this Article, and each owner of an interest in a

8-11     corporation licensed under this Article shall be a natural person

8-12     who holds a valid license issued under this Article.

8-13           (e)  The department shall issue a license to a bank if the

8-14     department finds:

8-15                 (1)  That the bank is a national banking association

8-16     organized and existing under the National Bank Act (12 U.S.C.

8-17     Section 21 et seq.), a state bank organized and existing under the

8-18     Texas Banking Act (Article 342-1.001 et seq., Vernon's Texas Civil

8-19     Statutes), a state savings bank organized and existing under the

8-20     Texas Savings Bank Act (Article 489e, Vernon's Texas Civil

8-21     Statutes), or a bank operating subsidiary, located in this State in

8-22     a municipality or county with a population of 5,000 or less;

8-23                 (2)  That at least one officer of the bank and each

8-24     individual who will be performing any acts as an agent for the bank

8-25     is individually licensed under the provisions of this Article; and

 9-1                 (3)  That such bank will have the ability to pay any

 9-2     sums up to $25,000 which it might become legally obligated to pay

 9-3     on account of any claim made against it by any customer and caused

 9-4     by any negligent act, error, or omission of the bank or any person

 9-5     for whose acts the bank is legally liable in the conduct of its

 9-6     business under this Article.  The term "customer" means any person,

 9-7     firm, or corporation to whom such bank sells or attempts to sell a

 9-8     policy of insurance or from whom such bank accepts an application

 9-9     for insurance.  Such ability shall be proven in one of the

9-10     following ways:

9-11                       (A)  an errors and omissions policy ensuring such

9-12     bank against errors and omissions in at least the sum of $100,000

9-13     with no more than a $10,000 deductible feature issued by an

9-14     insurance company licensed to do business in the State of Texas or,

9-15     if a policy cannot be obtained from a company licensed to do

9-16     business in Texas, a policy issued by a company not licensed to do

9-17     business in Texas on filing an affidavit with the department

9-18     stating the inability to obtain coverage and receiving the

9-19     department's approval;

9-20                       (B)  a bond executed by such bank as principal

9-21     and a surety company authorized to do business in this State, as

9-22     surety, in the principal sum of $25,000, payable to the department

9-23     for the use and benefit of customers of such bank, conditioned that

9-24     such bank shall pay any final judgment recovered against it by any

9-25     customer; or

 10-1                      (C)  a deposit of cash or securities of the class

 10-2    authorized by Articles 2.08 and 2.10 of this code, having a fair

 10-3    market value of $25,000 with the comptroller.  The comptroller is

 10-4    directed to accept and receive such deposit and hold it exclusively

 10-5    for the protection of any customer of such bank recovering a final

 10-6    judgment against such bank.  Such deposit may be withdrawn only on

 10-7    filing with the department evidence satisfactory to it that the

 10-8    bank has withdrawn from the business of insurance and has no

 10-9    unsecured liabilities outstanding or that such bank has provided

10-10    for the protection of its customers by furnishing an errors and

10-11    omissions policy or a bond as provided.  Securities so deposited

10-12    may be exchanged from time to time for other qualified securities.

10-13          A binding commitment to issue such a policy or bond, or the

10-14    tender of such securities, shall be sufficient in connection with

10-15    any application for license.

10-16          Nothing contained herein shall be construed to permit any

10-17    unlicensed employee or agent of any bank to perform any act of an

10-18    agent under this Article without obtaining a license.

10-19          A bank licensed as an agent under this Article may have

10-20    additional offices from which the business of insurance is

10-21    conducted only in a municipality or county with a population of

10-22    5,000 or less and must comply with the department's regulations

10-23    regarding additional offices.

10-24          A bank licensed as an agent under this Article must maintain

10-25    the insurance records of the bank, including all files relating to

 11-1    customer complaints, separate and apart from records relating to

 11-2    banking transactions of the bank.

 11-3          If at any time, any bank holding an agent's license does not

 11-4    maintain the qualifications necessary to obtain a license, the

 11-5    license of such bank to act as an agent shall be canceled or denied

 11-6    in accordance with the provisions of Sections 10 and 11 of this

 11-7    Article.

 11-8          Each bank licensed as an agent under this Article shall file

 11-9    under oath with its application for renewal a list of the names and

11-10    addresses of all individuals who will be acting as agents on behalf

11-11    of the bank and all officers and directors of the bank, as defined

11-12    in Article 21.02 of this code, and other biographical information

11-13    as required by the department.

11-14          Each bank shall notify the department on any change in its

11-15    officers and directors, and any change in other persons who will be

11-16    acting as agents, as defined in Article 21.02 of this code, and

11-17    submit biographical information on such officers, directors, and

11-18    persons as required by the department not later than the 30th day

11-19    after the date on which the change becomes effective.

11-20          Sec. 3.  Issuance of License Under Certain Circumstances.

11-21    The department [State Board of Insurance] shall issue a license to

11-22    a person, [or] corporation, or bank in such form as it may prepare

11-23    authorizing such applicant to write the types of insurance

11-24    authorized by law to be issued by applicant's appointing insurance

11-25    carrier, except that:

 12-1          (a)  Such applicant shall not be authorized to write health

 12-2    and accident insurance unless:  (i) applicant, if not a

 12-3    partnership, [or] corporation, or bank shall have first passed a

 12-4    written examination as provided for in this Article [21.07, as

 12-5    amended], or (ii) applicant will act only as a ticket-selling agent

 12-6    of a public carrier with respect to accident life insurance

 12-7    covering risks of travel or as an agent selling credit life, health

 12-8    and accident insurance issued exclusively in connection with credit

 12-9    transactions, or (iii) applicant will write policies or riders to

12-10    policies providing only lump sum cash benefits in the event of the

12-11    accidental death, or death by accidental means, or dismemberment,

12-12    or providing only ambulance expense benefits in the event of

12-13    accident or sickness; and

12-14          (b)  Such applicant, if not a partnership, [or] corporation,

12-15    or bank shall not be authorized to write life insurance in excess

12-16    of $7,500 upon any one life unless:  (i) applicant, if not a

12-17    partnership, [or] corporation, or bank shall have first passed a

12-18    written examination as provided for in this Article [21.07, as

12-19    amended], or (ii) applicant will act only as a ticket-selling agent

12-20    of a public carrier with respect to accident life insurance

12-21    covering risks of travel or as an agent selling credit life, health

12-22    and accident insurance issued exclusively in connection with credit

12-23    transactions, or (iii) applicant will write policies or riders to

12-24    policies providing only lump sum cash benefits in the event of the

12-25    accidental death, or death by accidental means, or dismemberment,

 13-1    or providing only ambulance expense benefits in the event of

 13-2    accident or sickness.

 13-3          SECTION 4.  Subsection (a), Section 4, Article 21.07,

 13-4    Insurance Code, is amended to read as follows:

 13-5          (a)  Each applicant for a license under the provisions of

 13-6    this Article [21.07, Texas Insurance Code, 1951, as amended,] who

 13-7    desires to write health and accident insurance, other than as

 13-8    excepted in Section 3 of this Article [21.07], within this State

 13-9    shall submit to a personal written examination prescribed by the

13-10    department [State Board of Insurance] and administered in the

13-11    English or Spanish language to determine his competency with

13-12    respect to health and accident insurance, specifically including

13-13    medicare supplement insurance, and his familiarity with the

13-14    pertinent provisions of the laws of the State of Texas relating to

13-15    health and accident insurance, specifically including medicare

13-16    supplement insurance, and shall pass the same to the satisfaction

13-17    of the department [State Board of Insurance]; except that no

13-18    written examination shall be required of:

13-19                (i)  An applicant for the renewal of a license issued

13-20    by the department [State Board of Insurance] pursuant to this

13-21    Article [21.07, Texas Insurance Code, 1951, as amended], which is

13-22    currently in force at the effective date of this Act;

13-23                (ii)  An applicant whose license expired less than one

13-24    year prior to the date of application may, in the discretion of the

13-25    department [State Board of Insurance], be issued a license without

 14-1    written examination, provided such prior license granted such

 14-2    applicant the right to sell health and accident insurance; or

 14-3                (iii)  An applicant that is a partnership, [or]

 14-4    corporation, or bank.

 14-5          SECTION 5.  Sections 12, 13, and 16, Article 21.07, Insurance

 14-6    Code, are amended to read as follows:

 14-7          Sec. 12.  Penalty.  Any person or officer, director, or

 14-8    shareholder of a corporation or bank required to be licensed by

 14-9    this Article who individually, or as an officer or employee of an

14-10    insurance carrier, or other corporation, wilfully violates any of

14-11    the provisions of this Article shall, in addition to any other

14-12    penalty specifically provided, be guilty of a misdemeanor and, upon

14-13    conviction, shall be fined not more than $500.00 or imprisoned not

14-14    more than six (6) months, or both, each such violation being a

14-15    separate offense hereunder.  In addition, if such offender or the

14-16    corporation or bank of which he is an officer, director, or

14-17    shareholder holds a license as an agent, such license shall

14-18    automatically expire upon such conviction.

14-19          Sec. 13.  TEXAS DEPARTMENT [STATE BOARD] OF INSURANCE MAY

14-20    ESTABLISH RULES AND REGULATIONS.  The commissioner [State Board of

14-21    Insurance] is hereby authorized to establish, and from time to time

14-22    to amend, reasonable rules and regulations to comply with federal

14-23    law applicable to the sale of insurance and for the administration

14-24    of this Article [21.07].

14-25          Sec. 16.  Stamping of License.  When any license shall be

 15-1    issued by the department [State Board of Insurance] to an applicant

 15-2    entitled to write health and accident insurance, the license shall

 15-3    have [stamped] thereon the words HEALTH AND ACCIDENT INSURANCE.

 15-4          SECTION 6.  Section 18, Article 21.07, Insurance Code, is

 15-5    amend by adding Subsection (c) to read as follows:

 15-6          (c)  Notwithstanding any provision of this Article or this

 15-7    code to the contrary, a bank located in a municipality or county

 15-8    with a population of 5,000 or less which owns at least 51 percent

 15-9    of a licensed bank operating subsidiary which is also located and

15-10    doing business in a municipality or county with a population of

15-11    5,000 or less may receive profits from the licensed bank operating

15-12    subsidiary.  To advertise under the bank name or participate in the

15-13    insurance operation other than by receiving profits from the

15-14    insurance business, the bank must hold an agent license.  Nothing

15-15    in this section permits a bank or any affiliate to pay commissions

15-16    or other valuable consideration to any nonlicensed employees, nor

15-17    may a bank pay, credit, or otherwise reward particular nonlicensed

15-18    units or geographic locations of the bank or any of its affiliates

15-19    with a portion of the commission.

15-20          SECTION 7.  Subsection (b), Section 1, Chapter 213, Acts of

15-21    the 54th Legislature, 1955 (Article 21.07-1, Vernon's Texas

15-22    Insurance Code), is amended to read as follows:

15-23          (b)  The term "life insurance agent" for the purpose of this

15-24    Act means any person, [or] corporation, or bank that is an

15-25    authorized agent of a legal reserve life insurance company, and any

 16-1    person who is a sub-agent of such agent, who acts as such in the

 16-2    solicitation of, negotiation for, or procurement of, or collection

 16-3    of premiums on, an insurance or annuity contract with a legal

 16-4    reserve life insurance company; except that the term "life

 16-5    insurance agent" shall not include:

 16-6                (1)  any regular salaried officer or employee of a

 16-7    legal reserve life insurance company, or of a licensed life

 16-8    insurance agent, who devotes substantially all of his or her time

 16-9    to activities other than the solicitation of applications for

16-10    insurance or annuity contracts and receives no commission or other

16-11    compensation directly dependent upon the business obtained, and who

16-12    does not solicit or accept from the public applications for

16-13    insurance or annuity contracts;

16-14                (2)  employers or their officers or employees, or the

16-15    trustees of any employee benefit plan, to the extent that such

16-16    employers, officers, employees or trustees are engaged in the

16-17    administration or operation of any program of employee benefits

16-18    involving the use of insurance or annuities issued by a legal

16-19    reserve life insurance company, provided that such employers,

16-20    officers, employees or trustees are not in any manner compensated,

16-21    directly or indirectly, by the legal reserve life insurance company

16-22    issuing such insurance or annuity contracts;

16-23                (3)  except as provided in Section 4(f) of this Act,

16-24    banks, savings and loan associations, or credit unions, or the

16-25    officers and employees of banks, savings and loan associations, or

 17-1    credit unions, to the extent that such banks, savings and loan

 17-2    associations, credit unions, or officers and employees collect and

 17-3    remit premiums by charging same against accounts of depositors on

 17-4    the orders of such depositors;

 17-5                (4)  a ticket-selling agent of a public carrier with

 17-6    respect to accident life insurance tickets covering risks of

 17-7    travel;

 17-8                (5)  an agent selling credit life, health and accident

 17-9    insurance issued exclusively in connection with credit

17-10    transactions, or acting as agent or solicitor for health and

17-11    accident insurance under license issued pursuant to the provisions

17-12    of Article 21.14 of the Texas Insurance Code.

17-13          SECTION 8.  Chapter 213, Acts of the 54th Legislature, 1955

17-14    (Article 21.07-1, Vernon's Texas Insurance Code), is amended by

17-15    adding Section 1C to read as follows:

17-16          Sec. 1C.  DEFINITION.  In this Act, "bank" means a national

17-17    banking association organized and existing under the National Bank

17-18    Act (12 U.S.C. Section 21 et seq.), a state bank organized and

17-19    existing under the Texas Banking Act (Article 342-1.001 et seq.,

17-20    Vernon's Texas Civil Statutes), a state savings bank organized and

17-21    existing under the Texas Savings Bank Act (Article 489e, Vernon's

17-22    Texas Civil Statutes), a bank branch, or a bank operating

17-23    subsidiary, located in this state in a municipality or county with

17-24    a population of 5,000 or less.  A bank located in a municipality or

17-25    county with a population of 5,000 or less may own at least 51

 18-1    percent of a licensed corporate agent which is also located in and

 18-2    doing business in a municipality or county with a population of

 18-3    5,000 or less and is subject to the provisions of Section 3(b) of

 18-4    this Act.

 18-5          SECTION 9.  Subsection (a), Section 2, Chapter 213, Acts of

 18-6    the 54th Legislature, 1955 (Article 21.07-1, Vernon's Texas

 18-7    Insurance Code), is amended to read as follows:

 18-8          (a)  No person, [or] corporation, or bank shall, within this

 18-9    State, solicit, procure, receive, or forward applications for life

18-10    insurance or annuities, or issue or deliver policies for, or in any

18-11    manner secure, help, or aid in the placing of any contract of life

18-12    insurance or annuity for any other person, directly or indirectly,

18-13    with any life insurance company not authorized to do business in

18-14    this State.

18-15          SECTION 10.  Subsections (a) and (b), Section 3, Chapter 213,

18-16    Acts of the 54th Legislature, 1955 (Article 21.07-1, Vernon's Texas

18-17    Insurance Code), are amended to read as follows:

18-18          (a)  No person, [or] corporation, or bank shall act as a life

18-19    insurance agent within this State until he or it shall have

18-20    procured a license as required by the laws of this State.

18-21          (b)  No insurer or licensed life insurance agent doing

18-22    business in this State shall pay directly or indirectly any

18-23    commission, or other valuable consideration, to any person, [or]

18-24    corporation, or bank for services as a life insurance agent within

18-25    this State, unless such person, [or] corporation, or bank shall

 19-1    hold a currently valid license to act as a life insurance agent as

 19-2    required by the laws of this State; nor shall any person, [or]

 19-3    corporation, or bank other than a duly licensed life insurance

 19-4    agent, accept any such commission or other valuable consideration;

 19-5    provided, however, that the provisions of this Section shall not

 19-6    prevent the payment or receipt of renewal or other deferred

 19-7    commissions to or by any person solely because such person, [or]

 19-8    corporation, or bank has ceased to hold a license to act as a life

 19-9    insurance agent. Nothing herein shall be construed to prevent a

19-10    bank located in a municipality or county with a population of 5,000

19-11    or less which owns at least 51 percent of a licensed bank operating

19-12    subsidiary which is also located in and doing business in a

19-13    municipality or county with a population of 5,000 or less from

19-14    receiving profits from the licensed bank operating subsidiary.  To

19-15    advertise under the bank name or participate in the insurance

19-16    operation other than by receiving profits from the insurance

19-17    business, the bank must hold an agent license.  Nothing in this

19-18    Section permits a bank or any affiliate to pay commissions or other

19-19    valuable consideration to any nonlicensed employees, nor may a bank

19-20    pay, credit, or otherwise reward particular nonlicensed units or

19-21    geographic locations of the bank or any of its affiliates with a

19-22    portion of the commission.

19-23          SECTION 11.  Section 4, Chapter 213, Acts of the 54th

19-24    Legislature, 1955 (Article 21.07-1, Vernon's Texas Insurance Code),

19-25    is amended to amending Subsection (e) and adding a new Subsection

 20-1    (f) and relettering existing Subsection (f) to read as follows:

 20-2          (e)  The department [Commissioner] shall issue a license to a

 20-3    corporation if the department [Commissioner] finds:

 20-4                (1)  That the corporation is a Texas corporation

 20-5    organized or existing under the Texas Business Corporation Act or

 20-6    the Texas Professional Corporation Act having its principal place

 20-7    of business in the State of Texas and having as one of its purposes

 20-8    the authority to act as agent under this Act;

 20-9                (2)  That every officer, director, and shareholder of

20-10    the corporation is individually licensed as an agent under the

20-11    provisions of this Act, or that every officer and director of the

20-12    corporation is individually licensed under this Act, that the

20-13    corporation is a wholly owned subsidiary of a parent corporation

20-14    that is licensed under this Act, and that every shareholder of the

20-15    parent corporation is individually licensed under this Act; and

20-16                (3)  That such corporation will have the ability to pay

20-17    any sums up to $25,000 which it might become legally obligated to

20-18    pay on account of any claim made against it by any customer and

20-19    caused by any negligent act, error, or omission of the corporation

20-20    or any person for whose acts the corporation is legally liable in

20-21    the conduct of its business as under this Act.  The term "customer"

20-22    as used herein shall mean any person, firm, or corporation to whom

20-23    such corporation sells or attempts to sell a policy of insurance or

20-24    from whom such corporation accepts an application for insurance.

20-25    Such ability shall be proven in one of the following ways:

 21-1                      (A)  An errors and omissions policy insuring such

 21-2    corporation against errors and omissions in at least the sum of

 21-3    $100,000 with no more than a $10,000 deductible feature issued by

 21-4    an insurance company licensed to do business in the State of Texas

 21-5    or, if a policy cannot be obtained from a company licensed to do

 21-6    business in Texas, a policy issued by a company not licensed to do

 21-7    business in Texas on filing an affidavit with the department [State

 21-8    Board of Insurance] stating the inability to obtain coverage and

 21-9    receiving the department's [Board's] approval; or

21-10                      (B)  A bond executed by such corporation as

21-11    principal and a surety company authorized to do business in this

21-12    State, as surety, in the principal sum of $25,000, payable to the

21-13    department [State Board of Insurance] for the use and benefit of

21-14    customers of such corporation, conditioned that such corporation

21-15    shall pay any final judgment recovered against it by any customer;

21-16    or

21-17                      (C)  A deposit of cash or securities of the class

21-18    authorized by Articles 2.08 and 2.10 of the Insurance Code, having

21-19    a fair market value of $25,000 with the comptroller [State

21-20    Treasurer].  The comptroller [State Treasurer] is hereby authorized

21-21    and directed to accept and receive such deposit and hold it

21-22    exclusively for the protection of any customer of such corporation

21-23    recovering a final judgment against such corporation.  Such deposit

21-24    may be withdrawn only upon filing with the department

21-25    [Commissioner] satisfactory evidence that the corporation has

 22-1    withdrawn from business and has no unsecured liabilities

 22-2    outstanding, or that such corporation has provided for the

 22-3    protection of its customers by furnishing an errors and omissions

 22-4    policy or a bond as provided.  Securities so deposited may be

 22-5    exchanged from time to time for other qualified securities.

 22-6          A binding commitment to issue such a policy or bond, or the

 22-7    tender of such securities, shall be sufficient in connection with

 22-8    any application for license.

 22-9          Nothing contained herein shall be construed to permit any

22-10    unlicensed employee or agent of any corporation to perform any act

22-11    of an agent under this Act without obtaining a license.

22-12          If at any time, any corporation holding a license under this

22-13    Act does not maintain the qualifications necessary to obtain a

22-14    license, the license of such corporation to act as an agent shall

22-15    be cancelled or denied in accordance with the provisions of

22-16    Sections 12 and 13 of this Act; provided, however, that should any

22-17    person who is not an agent licensed under this Act acquire shares

22-18    in such a corporation by devise or descent, they shall have a

22-19    period of 90 days from date of acquisition within which to obtain a

22-20    license as an agent or to dispose of the shares to an agent

22-21    licensed under this Act.

22-22          Should such an unlicensed person acquire shares in such a

22-23    corporation and not dispose of them within said period of 90 days

22-24    to a licensed agent, then they must be purchased by the corporation

22-25    for their book value, that is, the value of said shares of stock as

 23-1    reflected by the regular books and records of said corporation as

 23-2    of the date of the acquisition of said shares by said unlicensed

 23-3    person.  Should the corporation fail or refuse to so purchase such

 23-4    shares, its license shall be cancelled.

 23-5          Any such corporation shall have the power to redeem the

 23-6    shares of any shareholder, or the shares of a deceased shareholder,

 23-7    upon such terms as may be agreed upon by the board of directors and

 23-8    such shareholder or such shareholder's personal representative, or

 23-9    at such price and upon such terms as may be provided in the

23-10    articles of incorporation, the bylaws, or an existing contract

23-11    entered into between the shareholders of the corporation.

23-12          Each corporation licensed as an agent under this Act shall

23-13    file, under oath, a list of the names and addresses of all of its

23-14    officers, directors, and shareholders with its application for

23-15    renewal license.

23-16          Each corporation licensed as an agent under this Act shall

23-17    notify the department [State Board of Insurance] upon any change in

23-18    its officers, directors, or shareholders not later than the 30th

23-19    day after the date on which the change became effective.

23-20          Except as provided by Subdivision (2) of this subsection, a

23-21    corporation may not own any interest in another corporation

23-22    licensed under this Act, and each owner of an interest in a

23-23    corporation licensed under this Act shall be a natural person who

23-24    holds a valid license issued under this Act.

23-25          No association or any legal entity of any nature, other than

 24-1    an individual person, general partnership, [or] corporation, or

 24-2    bank may be licensed as a life insurance agent.

 24-3          (f)  The department shall issue a license to a bank if the

 24-4    department finds:

 24-5                (1)  That the bank is a national banking association

 24-6    organized and existing under the National Bank Act (12 U.S.C.

 24-7    Section 21 et seq.), a state bank organized and existing under the

 24-8    Texas Banking Act (Article 342-1.001 et seq., Vernon's Texas Civil

 24-9    Statutes), a state savings bank organized and existing under the

24-10    Texas Savings Bank Act (Article 489e, Vernon's Texas Civil

24-11    Statutes), or a bank operating subsidiary, located in this state in

24-12    a municipality or county with a population of 5,000 or less;

24-13                (2)  That at least one officer of the bank and each

24-14    individual who will be performing any acts as an agent for the bank

24-15    are individually licensed under the provisions of this Act; and

24-16                (3)  That such bank will have the ability to pay any

24-17    sums up to $25,000 which it might become legally obligated to pay

24-18    on account of any claim made against it by any customer and caused

24-19    by any negligent act, error, or omission of the bank or any person

24-20    for whose acts the bank is legally liable in the conduct of its

24-21    business under this Act.  The term "customer" means any person,

24-22    firm, or corporation to whom such bank sells or attempts to sell a

24-23    policy of insurance or from whom such bank accepts an application

24-24    for insurance.  Such ability shall be proven in one of the

24-25    following ways:

 25-1                      (A)  An errors and omissions policy insuring such

 25-2    bank against errors and omissions in at least the sum of $100,000

 25-3    with no more than a $10,000 deductible feature issued by an

 25-4    insurance company licensed to do business in the State of Texas or,

 25-5    if a policy cannot be obtained from a company licensed to do

 25-6    business in Texas, a policy issued by a company not licensed to do

 25-7    business in Texas on filing an affidavit with the department

 25-8    stating the inability to obtain coverage and receiving the

 25-9    department's approval; or

25-10                      (B)  A bond executed by such bank as principal

25-11    and a surety company authorized to do business in this State, as

25-12    surety, in the principal sum of $25,000, payable to the department

25-13    for the use and benefit of customers of such bank, conditioned that

25-14    such bank shall pay any final judgment recovered against it by any

25-15    customer; or

25-16                      (C)  A deposit of cash or securities of the class

25-17    authorized by Articles 2.08 and 2.10 of the Insurance Code, having

25-18    a fair market value of $25,000 with the comptroller.  The

25-19    comptroller is hereby authorized and directed to accept and receive

25-20    such deposit and hold it exclusively for the protection of any

25-21    customer of such bank recovering a final judgment against such

25-22    bank.  Such deposit may be withdrawn only on filing with the

25-23    department satisfactory evidence that the bank has withdrawn from

25-24    the business of insurance and has no unsecured liabilities

25-25    outstanding or that such bank has provided for the protection of

 26-1    its customers by furnishing an errors and omissions policy or a

 26-2    bond as provided.  Securities so deposited may be exchanged from

 26-3    time to time for other qualified securities.

 26-4          A binding commitment to issue such a policy or bond, or the

 26-5    tender of such securities, shall be sufficient in connection with

 26-6    any application for license.

 26-7          Nothing contained herein shall be construed to permit any

 26-8    unlicensed employee or agent of any bank to perform any act of an

 26-9    agent under this Act without obtaining a license.

26-10          A bank licensed as an agent under this Act may have

26-11    additional offices from which the business of insurance is

26-12    conducted only in a municipality or county with a population of

26-13    5,000 or less and must comply with the department's regulations

26-14    regarding additional offices.

26-15          A bank licensed as an agent under this Act must maintain the

26-16    insurance records of the bank, including all files relating to

26-17    customer complaints, separate and apart from records relating to

26-18    banking transactions of the bank.

26-19          If at any time, any bank holding a license under this Act

26-20    does not maintain the qualifications necessary to obtain a license,

26-21    the license of such bank to act as an agent shall be canceled or

26-22    denied in accordance with the provisions of Sections 12 and 13 of

26-23    this Act.

26-24          Each bank licensed as an agent under this Act shall file

26-25    under oath with its application for renewal license a list of the

 27-1    names and addresses of all individuals who will be acting as agents

 27-2    on behalf of the bank and all officers and directors of the bank,

 27-3    as defined in Article 21.02 of the Insurance Code, and other

 27-4    biographical information as required by the department.

 27-5          Each bank shall notify the department upon any change in its

 27-6    officers and directors, and any change in other persons who will be

 27-7    acting as agents, as defined in Article 21.02 of the Insurance

 27-8    Code, and submit biographical information on such officers,

 27-9    directors, and persons as required by the department not later than

27-10    the 30th day after the date on which the change becomes effective.

27-11          (g)  Each applicant, prior to sitting for the written

27-12    examination as provided for in Section 5 of this Act, shall

27-13    complete, under the supervision of such sponsoring insurer, an

27-14    educational program that shall include:

27-15                (1)  such texts as may be prescribed by the

27-16    Commissioner of Insurance on the recommendation of the Advisory

27-17    Board as provided in Subsection (c) of Section 5 of this Act; and

27-18                (2)  materials that will provide the applicant with the

27-19    basic knowledge of:

27-20                      (A)  the broad principles of insurance,

27-21    licensing, and regulatory laws of this State;

27-22                      (B)  principles related to medicare supplement

27-23    insurance; and

27-24                      (C)  the obligations and duties of a life

27-25    insurance agent.

 28-1          SECTION 12.   Subsections (a) and (d), Section 5, Chapter

 28-2    213, Acts of the 54th Legislature, 1955 (Article 21.07-1, Vernon's

 28-3    Texas Insurance Code), are amended to read as follows:

 28-4          (a)  Each prospective applicant for a license to act as a

 28-5    life insurance agent within this State shall submit to a personal

 28-6    written examination administered in the English or Spanish

 28-7    language, as prescribed by the department [State Board of

 28-8    Insurance], to determine the applicant's competence with respect to

 28-9    insurance and annuity contracts, including medicare supplement

28-10    contracts, and the applicant's familiarity with the pertinent

28-11    provisions of the laws of this State and the obligations and duties

28-12    of a life insurance agent, and shall pass the same to the

28-13    satisfaction of the department [State Board of Insurance].  A

28-14    nonrefundable examination fee, in an amount determined by the

28-15    Commissioner [Board] but not more than $20, must accompany the

28-16    application to take the examination.  The department shall charge

28-17    the fee each time the examination is taken.  The department shall

28-18    give certifications of a passing score to those applicants that

28-19    obtain such a score.  No written examination shall be required of:

28-20                (1)  An applicant for the renewal of a license issued

28-21    by the department [State Board of Insurance] pursuant to Article

28-22    21.07, [Texas] Insurance Code, [1951,] which is currently in force

28-23    at the time of the effective date of this Act;

28-24                (2)  An applicant whose license as a life insurance

28-25    agent expired less than one year prior to the date of application

 29-1    may, in the discretion of the department [State Board of

 29-2    Insurance], be issued a license without written examination;

 29-3                (3)  A person who holds the designation Chartered Life

 29-4    Underwriter (CLU);

 29-5                (4)  An applicant that is a partnership, [or]

 29-6    corporation, or bank.

 29-7          (d)  An applicant other than a partnership, [or] corporation,

 29-8    or bank for a license to act as a combination life insurance agent

 29-9    for a combination company, or as an industrial life agent for an

29-10    industrial company, may, in lieu of taking and passing to the

29-11    satisfaction of the Commissioner a personal written examination as

29-12    provided in Sub-section (a) of this Section 5, submit to a personal

29-13    written examination given by the combination or industrial insurer

29-14    for which the applicant is to be licensed, subject to the following

29-15    definitions and conditions:

29-16                (1)  A combination life insurance agent is hereby

29-17    defined as an agent writing weekly premium life insurance or

29-18    monthly ordinary life insurance on a debit basis, provided that a

29-19    combination life insurance agent may also write ordinary contracts

29-20    of life insurance.  An industrial life agent is an agent writing

29-21    only weekly life insurance on a debit basis.  A combination company

29-22    is hereby defined as an insurer actually writing weekly premium

29-23    life insurance or monthly ordinary life insurance on a debit basis,

29-24    provided that a combination company may also write ordinary

29-25    contracts of life insurance.  An industrial company is an insurer

 30-1    writing only weekly premium life insurance on a debit basis.

 30-2                (2)  Any combination or industrial insurer desiring to

 30-3    qualify to administer the examination to its agents shall file with

 30-4    the Commissioner a complete outline and explanation of the course

 30-5    of study and instruction to be given such applicants and the nature

 30-6    and manner of conducting the examinations of applicants and, after

 30-7    official approval thereof by the Commissioner, may administer such

 30-8    examinations.

 30-9                (3)  The combination or industrial insurer shall

30-10    certify as to each applicant that he has completed the approved

30-11    course of study and instruction and has successfully passed the

30-12    examination in writing without aid.

30-13                (4)  It shall be the duty of the Commissioner to

30-14    investigate the manner and method of instruction and examination of

30-15    each combination and industrial insurer as often as deemed

30-16    necessary by the Commissioner and the Commissioner may, in his

30-17    discretion, withdraw from any insurer the privilege of examining

30-18    agents in lieu of the examination prescribed in Subsection (a) of

30-19    this Section 5.

30-20                (5)  The license to act as a life insurance agent

30-21    issued to an applicant pursuant to the provisions of this

30-22    Sub-section (d) shall include [be stamped] COMBINATION OR

30-23    INDUSTRIAL LICENSE on its face and shall automatically expire and

30-24    be of no further force and effect when the holder ceases to act as

30-25    a combination or industrial agent for a combination or industrial

 31-1    company.

 31-2          SECTION 13.  Subsection (b), Section 7, Chapter 213, Acts of

 31-3    the 54th Legislature, 1955 (Article 21.07-1, Vernon's Texas

 31-4    Insurance Code), is amended to read as follows:

 31-5          (b)  The [Life Insurance] Commissioner is further authorized

 31-6    to enter into reciprocal agreements with the appropriate official

 31-7    or any other State waiving the written examination of any applicant

 31-8    resident in such other State, provided:

 31-9                (1)  That a written examination is required of

31-10    applicants for a life insurance agent's license in such other

31-11    State;

31-12                (2)  That the appropriate official of such other State

31-13    certifies that the applicant holds a currently valid license as a

31-14    life insurance agent in such other State and either passed such

31-15    written examination or was the holder of a life insurance agent's

31-16    license prior to the time such written examination was required;

31-17                (3)  That the applicant has no place of business within

31-18    this State in the transaction of business as a life insurance

31-19    agent;

31-20                (4)  That in such other State, a resident of this State

31-21    is privileged to procure a life insurance agent's license upon the

31-22    foregoing conditions and without discrimination as to fees or

31-23    otherwise in favor of the residents of such other State.

31-24          SECTION 14.  Sections 14 and 15, Chapter 213, Acts of the

31-25    54th Legislature, 1955 (Article 21.07-1, Vernon's Texas Insurance

 32-1    Code), are amended to read as follows:

 32-2          Sec. 14.  Penalty.  Any person or officer, director, or

 32-3    shareholder of a corporation or bank required to be licensed by

 32-4    this Act who individually, or as an officer or employee of a legal

 32-5    reserve life insurance company, or other corporation, violates any

 32-6    of the provisions of this Act shall, in addition to any other

 32-7    penalty specifically provided, be guilty of a misdemeanor and, upon

 32-8    conviction, shall be fined not more than $500.00 or imprisoned not

 32-9    more than six months, or both, each such violation being a separate

32-10    offense hereunder.  In addition, if such offender or corporation or

32-11    bank of which he is an officer, director, or shareholder holds a

32-12    license as a life insurance agent, such license shall automatically

32-13    expire upon such conviction.

32-14          Sec. 15.  Commissioner May Establish Rules and Regulations.

32-15    The [Life Insurance] Commissioner is authorized to establish, and

32-16    from time to time to amend, reasonable rules and regulations to

32-17    comply with federal law applicable to the sale of insurance and for

32-18    the administration of this Act.

32-19          SECTION 15.  Subsections (a) through (d), Section 16, Chapter

32-20    213, Acts of the 54th Legislature, 1955 (Article 21.07-1, Vernon's

32-21    Texas Insurance Code), are amended to read as follows:

32-22          (a)  In this section, "accident and health insurance agent"

32-23    means any person, [or] corporation, or bank that is an authorized

32-24    agent of a legal reserve life insurance company and who acts as

32-25    such agent only in the solicitation of, negotiation for,

 33-1    procurement of, or collection of premiums on an accident and health

 33-2    insurance contract with a legal reserve life insurance company, but

 33-3    does not include:

 33-4                (1)  a regular salaried officer or employee of a legal

 33-5    reserve life insurance company, or of a licensed life or accident

 33-6    and health insurance agent, who devotes substantially all of his or

 33-7    her time to activities other than the solicitation of applications

 33-8    for insurance contracts and receives no commission or other

 33-9    compensation directly dependent upon the business obtained and who

33-10    does not solicit or accept from the public applications for

33-11    insurance contracts;

33-12                (2)  employers or their officers or employees, or the

33-13    trustees of any employee benefit plan, to the extent that those

33-14    employers, officers, employees, or trustees are engaged in the

33-15    administration or operation of any program of employee benefits

33-16    involving the use of insurance issued by a legal reserve life

33-17    insurance company, provided that those employers, officers,

33-18    employees, or trustees are not in any manner compensated directly

33-19    or indirectly by the legal reserve life insurance company issuing

33-20    the insurance contracts;

33-21                (3)  banks or their officers and employees to the

33-22    extent that the banks, or their officers, and employees collect and

33-23    remit premiums by charging the premiums against the account of a

33-24    depositor on the orders of the depositor;

33-25                (4)  a ticket-selling agent of a public carrier with

 34-1    respect to accident and health insurance tickets covering risks of

 34-2    travel; or

 34-3                (5)  an agent selling credit health and accident

 34-4    insurance issued exclusively in connection with credit

 34-5    transactions, or acting as agent or solicitor for health and

 34-6    accident insurance under a license issued under either Article

 34-7    21.07, Article 21.07-1, or Article 21.14, Insurance Code.

 34-8          (b)  The department [State Board of Insurance] may issue a

 34-9    license to a person, [or] a corporation, or a bank to act only as

34-10    an accident and health insurance agent for a legal reserve life

34-11    insurance company as provided by this section.

34-12          (c)  Each applicant for a license under this section who

34-13    desires to act as an accident and health insurance agent within

34-14    this state shall submit to a personal written examination

34-15    prescribed by the department [State Board of Insurance] and

34-16    administered in the English or Spanish language to determine the

34-17    applicant's competency with respect to accident and health

34-18    insurance and familiarity with the pertinent provisions of the

34-19    health and accident insurance laws of this state.  Except as

34-20    provided by Subsection (d) of this section, each applicant must

34-21    pass the examination to the satisfaction of the department [State

34-22    Board of Insurance].

34-23          (d)  A written examination is not required of:

34-24                (1)  an applicant for license under this Section 16 if

34-25    the applicant has previously been licensed and currently holds on

 35-1    the effective date of this section a valid license issued by the

 35-2    department [State Board of Insurance] under either Article 21.07,

 35-3    Article 21.07-1, or Article 21.14 of this code;

 35-4                (2)  an applicant whose license expires less than one

 35-5    year before the date of application and who may, in the discretion

 35-6    of the department [State Board of Insurance], be issued a license

 35-7    without written examination, provided the prior expired license

 35-8    granted the applicant the right to act as an agent for accident and

 35-9    health insurance; or

35-10                (3)  an applicant that is a partnership, [or]

35-11    corporation, or bank; provided, however, that a partnership, [or]

35-12    corporation, or bank may be licensed hereunder only if it otherwise

35-13    complies with the provisions of Section 4 of this article, but in

35-14    the application of such section to such compensation hereunder, any

35-15    requirement pertaining to or reference therein to "life insurance"

35-16    shall be changed and limited to "health and accident insurance"

35-17    only as is intended by the terms of the Section 16.

35-18          SECTION 16.  Section 3, Article 21.14, Insurance Code, is

35-19    amended by amending Subsection (a), adding Subsection (g), and

35-20    relettering existing Subsections (d) and (e) to read as follows:

35-21          (a)  When any person, partnership, registered limited

35-22    liability partnership, limited liability company, [or] corporation,

35-23    or bank shall desire to engage in business as a local recording

35-24    agent for an insurance company, or insurance carrier, he or it

35-25    shall make application for a license to the Texas Department of

 36-1    Insurance, in such form as the Department may require.  Such

 36-2    application shall bear a signed endorsement by a general, state or

 36-3    special agent of a qualified insurance company, or insurance

 36-4    carrier that applicant or each member of the partnership or each

 36-5    stockholder of the corporation or each member of the limited

 36-6    liability company is a resident of this state.

 36-7          (d)  The Department shall issue a license to a bank if the

 36-8    Department finds:

 36-9                (1)  That the bank is a national banking association

36-10    organized and existing under the National Bank Act (12 U.S.C.

36-11    Section 21 et seq.), a state bank organized and existing under the

36-12    Texas Banking Act (Article 342-1.001 et seq., Vernon's Texas Civil

36-13    Statutes), a state savings bank organized and existing under the

36-14    Texas Savings Bank Act (Article 489e, Vernon's Texas Civil

36-15    Statutes), or a bank operating subsidiary, located in this state in

36-16    a municipality or county with a population of 5,000 or less;

36-17                (2)  That at least one officer of the bank and each

36-18    individual who will be performing any acts of an agent for the bank

36-19    are individually licensed under the provisions of this Article; and

36-20                (3)  That such bank will have the ability to pay any

36-21    sums up to $25,000 which it might become legally obligated to pay

36-22    on account of any claim made against it by any customer and caused

36-23    by any negligent act, error, or omission of the bank or any person

36-24    for whose acts the bank is legally liable in the conduct of its

36-25    business as a local recording agent.  The term "customer" means any

 37-1    person, firm, or corporation to whom such bank sells or attempts to

 37-2    sell a policy of insurance or from whom such bank accepts an

 37-3    application for insurance.  Such ability shall be proven in one of

 37-4    the following ways:

 37-5                      (A)  An errors and omissions policy insuring such

 37-6    bank against errors and omissions, in at least the sum of $100,000

 37-7    with no more than a $10,000 deductible feature or the sum of at

 37-8    least $300,000 with no more than a $25,000 deductible feature,

 37-9    issued by an insurance company licensed to do business in the State

37-10    of Texas or, if a policy cannot be obtained from a company licensed

37-11    to do business in Texas, a policy issued by a company not licensed

37-12    to do business in Texas, on filing an affidavit with the Department

37-13    stating the inability to obtain coverage and receiving the

37-14    Department's approval; or

37-15                      (B)  A bond executed by such bank as principal

37-16    and a surety company authorized to do business in this state, as

37-17    surety, in the principal sum of $25,000, payable to the Department

37-18    for the use and benefit of customers of such bank, conditioned that

37-19    such bank shall pay any final judgment recovered against it by any

37-20    customer; or

37-21                      (C)  A deposit of cash or securities of the class

37-22    authorized by Articles 2.08 and 2.10 of this Code, having a fair

37-23    market value of $25,000 with the comptroller.  The comptroller is

37-24    hereby authorized and directed to accept and receive such deposit

37-25    and hold it exclusively for the protection of any customer of such

 38-1    bank recovering a final judgment against such bank.  Such deposit

 38-2    may be withdrawn only on filing with the Department evidence

 38-3    satisfactory to it that the bank has withdrawn from the business of

 38-4    insurance and has no unsecured liabilities outstanding or that such

 38-5    bank has provided for the protection of its customers by furnishing

 38-6    an errors and omissions policy or a bond as provided under this

 38-7    subsection.  Securities so deposited may be exchanged from time to

 38-8    time for other qualified securities.

 38-9          A binding commitment to issue such a policy or bond, or the

38-10    tender of such securities, shall be sufficient in connection with

38-11    any application for license.

38-12          Nothing contained herein shall be construed to permit any

38-13    unlicensed employee or agent of any bank to perform any act of a

38-14    local recording agent without obtaining a local recording agent's

38-15    license.  The Department shall not require a bank to take the

38-16    examination provided in Section 6 of this Article.

38-17          A bank licensed as an agent under this Article may have

38-18    additional offices from which the business of insurance is

38-19    conducted only in a municipality or county with a population of

38-20    5,000 or less and must comply with the Department's regulations

38-21    regarding additional offices.

38-22          A bank licensed as an agent under this Article must maintain

38-23    its insurance records, including all files relating to and

38-24    reflecting customer complaints, separate and apart from records

38-25    relating to banking transactions of the bank.

 39-1          If at any time, any bank holding a local recording agent's

 39-2    license does not maintain the qualifications necessary to obtain a

 39-3    license, the license of such bank to act as a local recording agent

 39-4    shall be canceled or denied in accordance with the provisions of

 39-5    Sections 16 and 18 of this Article.

 39-6          Each bank licensed as a local recording agent shall file

 39-7    under oath with its application for renewal license a list of the

 39-8    names and addresses of all individuals who will be acting as agents

 39-9    on behalf of the bank and all officers and directors of the bank,

39-10    as defined in Article 21.02 of this code, and other biographical

39-11    information as required by the Department.

39-12          Each bank licensed as a local recording agent shall notify

39-13    the Department on any change in its officers and directors and any

39-14    change in other persons who will be performing any acts of an

39-15    agent, as defined in Article 21.02 of this code, and submit

39-16    biographical information on such officers, directors, and persons

39-17    as required by the Department not later than the 30th day after the

39-18    date on which the change became effective.

39-19          The term "firm" as it applies to local recording agents in

39-20    Sections 2, 12, and 16 of this Article shall be construed to

39-21    include corporations and banks.

39-22          (e)  The term "partnership" or "agency partnership" as used

39-23    in this Article means a general partnership or a registered limited

39-24    liability partnership domiciled in Texas.

39-25          (f) [(e)]  In this Article, the term "corporation" or

 40-1    "corporations" shall mean a corporation organized under the Texas

 40-2    Business Corporation Act, The Texas Professional Corporation Act

 40-3    (Article 1528e, Vernon's Texas Civil Statutes), or a Texas

 40-4    domiciled limited liability company organized or existing under the

 40-5    Texas Limited Liability Company Act (Article 1528n, Vernon's Texas

 40-6    Civil Statutes) having its principal place of business in this

 40-7    state and having as one of its purposes the authority to act as an

 40-8    insurance agent.  Each officer, manager, and member of a limited

 40-9    liability company must be licensed under this Article.  The

40-10    licensing and regulation of a limited liability company shall be

40-11    subject to the same provisions and requirements of this Article

40-12    that are applicable to corporations licensed under this Article.

40-13          (g)  In this Article, the term "bank" means a national

40-14    banking association organized and existing under the National Bank

40-15    Act (12 U.S.C. Section 21 et seq.), a state bank organized and

40-16    existing under the Texas Banking Act (Article 342-1.001 et seq.,

40-17    Vernon's Texas Civil Statutes), a state savings bank organized and

40-18    existing under the Texas Savings Bank Act (Article 489e, Vernon's

40-19    Texas Civil Statutes), a bank branch, or a bank operating

40-20    subsidiary, located in this state in a municipality or county with

40-21    a population of 5,000 or less. A bank located in a municipality or

40-22    county with a population of 5,000 or less may own at least 51

40-23    percent of a licensed corporate agent which is also located and

40-24    doing business in a municipality or county with a population of

40-25    5,000 or less, and is subject to the provisions of Section 3a(5) of

 41-1    this Article.

 41-2          SECTION 17.  Section 3a, Article 21.14, Insurance Code, is

 41-3    amended by adding Subsection (5) to read as follows:

 41-4          (5)  Notwithstanding any provisions of either this Article or

 41-5    of this Code to the contrary, a bank located in a municipality or

 41-6    county with a population of 5,000 or less which owns at least 51

 41-7    percent of a licensed bank operating subsidiary which is also

 41-8    located and doing business in a municipality or county with a

 41-9    population of 5,000 or less, may receive profits from the licensed

41-10    bank operating subsidiary.  To advertise under the bank name or

41-11    participate in the insurance operation other than by receiving

41-12    profits from the insurance business, the bank must hold an agent

41-13    license.  Nothing in this section permits a bank or any affiliate

41-14    to pay commissions or other valuable consideration to any

41-15    nonlicensed employees, nor may a bank pay, credit, or otherwise

41-16    reward particular nonlicensed units or geographic locations of the

41-17    bank or any of its affiliates with a portion of the commission.

41-18          SECTION 18.  Subsections (a), (b), and (c), Section 4,

41-19    Article 21.14, Insurance Code, are amended to read as follows:

41-20          (a)  It shall be unlawful for any person, firm, partnership,

41-21    [or] corporation or bank, or any partner, officer, director,

41-22    employee, or shareholder of a corporation or any officer, director,

41-23    or employee of a bank to act as a local recording agent or

41-24    solicitor in procuring business for any insurance company,

41-25    corporation, interinsurance exchange, mutual, reciprocal,

 42-1    association, Lloyds or other insurance carrier, until he or it

 42-2    shall have in force the license provided for herein.

 42-3          (b)  No insurer doing business in this state shall pay

 42-4    directly or indirectly any commission, or other valuable

 42-5    consideration, to any person, firm, partnership, [or] corporation,

 42-6    or bank for services as a local recording agent within this state,

 42-7    unless such person, firm, partnership, [or] corporation, or bank

 42-8    shall hold a currently valid license and appointment to act as a

 42-9    local recording agent as required by the laws of this state; nor

42-10    shall any person, firm, partnership, [or] corporation, or bank

42-11    other than a duly licensed and appointed local recording agent

42-12    accept any such commission or other valuable consideration;

42-13    provided, however, that nothing contained in this subsection shall

42-14    prohibit an assigned risk pool or assigned risk plan, duly

42-15    authorized to operate by the laws of this state, from paying

42-16    commissions, or other valuable consideration, to a duly licensed

42-17    person, firm, partnership, [or] corporation, or bank for services

42-18    as a local recording agent.

42-19          (c)  No licensed local recording agent, managing general

42-20    agent, or surplus lines agent doing business in this state shall

42-21    pay directly or indirectly any commission, or other valuable

42-22    consideration, to any person, firm, partnership, [or] corporation,

42-23    or bank for services as a local recording agent within this state,

42-24    unless such person, firm, partnership, [or] corporation, or bank

42-25    shall hold a currently valid license to act as a local recording

 43-1    agent as required by the laws of this state; nor shall any person,

 43-2    firm, partnership, [or] corporation, or bank other than a duly

 43-3    licensed local recording agent accept any such commission or other

 43-4    valuable consideration.

 43-5          SECTION 19.  Section 5, Article 21.14, Insurance Code, is

 43-6    amended to read as follows:

 43-7          Sec. 5.  Active agents or solicitors only to be licensed.  No

 43-8    license shall be granted to any person, firm, partnership, [or]

 43-9    corporation, or bank as a local recording agent or to a person as a

43-10    solicitor, for the purpose of writing any form of insurance, unless

43-11    it is found by the Department [State Board of Insurance] that such

43-12    person, firm, partnership, [or] corporation, or bank is or intends

43-13    to be, actively engaged in the soliciting or writing of insurance

43-14    for the public generally; that each person or individual of a firm

43-15    is a resident of Texas and is to be actively engaged in good faith

43-16    in the business of insurance, and that the application is not being

43-17    made in order to evade the laws against rebating and discrimination

43-18    either for the applicant or for some other person, firm,

43-19    partnership, [or] corporation, or bank.  Nothing herein contained

43-20    shall prohibit an applicant insuring property which the applicant

43-21    owns or in which the applicant has an interest; but it is the

43-22    intent of this Section to prohibit coercion of insurance and to

43-23    preserve to each citizen the right to choose his own agent or

43-24    insurance carrier, and to prohibit the licensing of an individual,

43-25    firm, partnership, [or] corporation, or bank to engage in the

 44-1    insurance business principally to handle business which the

 44-2    applicant controls only through ownership, mortgage or sale, family

 44-3    relationship or employment, which shall be taken to mean that an

 44-4    applicant who is making an original application for license shall

 44-5    show the Department [State Board of Insurance] that the applicant

 44-6    has a bona fide intention to engage in business in which, in any

 44-7    calendar year, at least twenty-five per cent (25%) of the total

 44-8    volume of premiums shall be derived from persons or organizations

 44-9    other than applicant and from property other than that on which the

44-10    applicant shall control the placing of insurance through ownership,

44-11    mortgage, sale, family relationship or employment.  Nothing herein

44-12    contained shall be construed to authorize a partnership, [or]

44-13    corporation, or bank to receive a license as a solicitor.

44-14          SECTION 20.  Section 24, Article 21.14, Insurance Code, is

44-15    amended to read as follows:

44-16          Sec. 24.  VIOLATION OF ARTICLE.  Any person or any member of

44-17    any firm, or any corporation or bank, or any officer, director,

44-18    shareholder or employee of any corporation or bank who violates any

44-19    of the provisions of Sections 4, 15 and 22 of this Article shall be

44-20    guilty of a misdemeanor, and on conviction in a court of competent

44-21    jurisdiction, shall be punished by a fine of not less than One

44-22    Dollar ($1.00) nor more than One Hundred Dollars ($100.00).

44-23          SECTION 21.  Article 21.14, Insurance Code, is amended by

44-24    adding Section 27 to read as follows:

44-25          Sec. 27.  RULES.  In addition to other rules required or

 45-1    authorized by this article, the Commissioner may adopt rules in

 45-2    accordance with federal law applicable to the regulation of sales

 45-3    of insurance that are necessary and proper to carry out the

 45-4    provisions of this Code.

 45-5          SECTION 22.  Subchapter B, Chapter 21, Insurance Code, is

 45-6    amended by adding Article 21.21-9 to read as follows:

 45-7          Art. 21.21-9.  UNFAIR METHODS OF COMPETITION AND UNFAIR

 45-8    PRACTICES BY FINANCIAL INSTITUTIONS

 45-9          Sec. 1.  DEFINITION.  In this article "bank" means a national

45-10    banking association organized and existing under the National Bank

45-11    Act (12 U.S.C. Section 21 et seq.), a state bank organized and

45-12    existing under the Texas Banking Act (Article 342-1.001 et seq.,

45-13    Vernon's Texas Civil Statutes), a state savings bank organized and

45-14    existing under the Texas Savings Bank Act (Article 489e, Vernon's

45-15    Texas Civil Statutes), a bank branch, or a bank operating

45-16    subsidiary, located in this state in a municipality or county with

45-17    a population of 5,000 or less.

45-18          Sec. 2.  UNFAIR METHODS OF COMPETITION AND UNFAIR PRACTICES

45-19    DEFINED.  (a)  The following are unfair methods of competition and

45-20    unfair practices in the sale of insurance by banks:

45-21                (1)  Tying.  (A)  When the agent is a bank, requiring

45-22    the purchase of insurance from the bank, its subsidiary or

45-23    affiliate, or from or through any particular agent, solicitor,

45-24    insurer, or any other person or entity, as a condition of extending

45-25    or renewing credit, leasing or selling property, or furnishing

 46-1    services;

 46-2                      (B)  Conditioning the terms of credit or the sale

 46-3    or lease of property upon acquisition of insurance from or through

 46-4    the bank, its affiliate or subsidiary, or any other particular

 46-5    person or entity;

 46-6                      (C)  Rejecting any required policy solely because

 46-7    such policy has been issued or underwritten by a person or entity

 46-8    who is not associated with such bank; or

 46-9                      (D)  Imposing any requirement on any agent or

46-10    broker not associated with the bank that is not imposed on any

46-11    agent or broker who is associated with such bank, subsidiary, or

46-12    affiliate.

46-13                (2)  Bank Affiliated Agent Disclosures.  When the agent

46-14    is a bank, affiliated with a bank for the purpose of the sale of

46-15    insurance products through common ownership, management, or

46-16    control, or offers or sells insurance from a bank's premises,

46-17    failing to disclose clearly in all promotional materials relating

46-18    to insurance products distributed to customers and potential

46-19    customers that insurance products sold through or in the bank or

46-20    its affiliate or subsidiary are not insured by the Federal Deposit

46-21    Insurance Corporation and that the products are not issued,

46-22    guaranteed, or underwritten by the bank or the Federal Deposit

46-23    Insurance Corporation.

46-24          (b)  Subsection (a)(1) of this section shall not prevent a

46-25    person who lends money or extends credit from placing insurance on

 47-1    real or personal property in the event the mortgagor, borrower, or

 47-2    purchaser has failed to provide required insurance in accordance

 47-3    with the terms of the loan or credit document.

 47-4          Sec. 3.  DISCLOSURE REQUIRED BY BANKS.  (a)  The following

 47-5    disclosure requirements apply to all agents which are banks, or

 47-6    which offer or sell insurance from a bank's premises.  Promotional

 47-7    materials relating to insurance products distributed to customers

 47-8    and potential customers shall clearly disclose that insurance

 47-9    products sold through the bank affiliated agent are not insured by

47-10    the Federal Deposit Insurance Corporation and that the product is

47-11    not issued, guaranteed, or underwritten by the bank or the Federal

47-12    Deposit Insurance Corporation.

47-13          (b)  At the time a loan application is made, a bank must

47-14    provide to the customer a written disclosure in substantially the

47-15    form provided by this subsection.  The disclosure form must be

47-16    separate and apart from any loan application or loan document.  The

47-17    bank employee who presents the disclosure and the customer shall

47-18    sign and date the disclosure form.  One copy of the disclosure form

47-19    shall be maintained by the bank in the loan file and one copy shall

47-20    be provided to the customer for his or her records.

47-21          The disclosure shall be in substantially the following form:

47-22                           "CUSTOMER DISCLOSURE

47-23          "You have applied for a loan with the bank.  As permitted by

47-24    the Texas Credit Code, the bank is requiring that collateral used

47-25    to secure the loan be insured to cover the amount of the loan to

 48-1    the extent insurance is available on the property to be insured,

 48-2    against the usual and customary casualty losses.

 48-3          "You have the right to provide this insurance either through

 48-4    existing policies already owned or controlled by you or by

 48-5    procuring the insurance through any insurance agent or company

 48-6    authorized to transact business in Texas.

 48-7          "The bank, through its own insurance agency, can also make

 48-8    this insurance available to you.  However, federal and state laws

 48-9    provide that the bank cannot require you to obtain insurance

48-10    through the bank, its subsidiary, an affiliate, or any particular

48-11    unaffiliated third party either as a condition to obtaining this

48-12    credit or to obtain special terms or consideration.

48-13          "Insurance products sold through or in the bank or its

48-14    affiliate or subsidiary are not insured by the Federal Deposit

48-15    Insurance Corporation nor are the products issued, guaranteed, or

48-16    underwritten by the bank or the Federal Deposit Insurance

48-17    Corporation.

48-18          "You are not required or obligated to purchase insurance from

48-19    the bank or any subsidiary, affiliate, or particular unaffiliated

48-20    third party as a condition to obtaining your loan, nor will your

48-21    decision as to insurance agents affect your credit terms in any

48-22    way.

 49-1    ____________________                  ____________________

 49-2    "Customer                             Date

 49-3    ____________________

 49-4    Employee of Bank"

 49-5          (c)  An agent that is affiliated with a bank for the purpose

 49-6    of the sale of insurance products through common ownership,

 49-7    management, or control may not complete a sale of insurance

 49-8    covering the collateral securing or proposed to secure a loan with

 49-9    the same bank prior to the bank making a commitment on such loan

49-10    transaction.

49-11          (d)  The commissioner may amend the disclosure form as

49-12    necessary to comply with federal or state law.

49-13          Sec. 4.  INDEPENDENCE OF BANK AGENTS FROM LOAN TRANSACTIONS.

49-14    (a)  If insurance is offered or sold to a bank customer in

49-15    connection with a loan transaction by a bank, the insurance sales

49-16    person involved in that insurance transaction must be independent

49-17    of that lending transaction and may not also be the person or

49-18    persons making that loan.

49-19          (b)  This provision shall not apply to banks which have $40

49-20    million or less in total assets as reported on the most recent

49-21    Federal Financial Institutions Examination Council (FFIEC)

49-22    Consolidated Report of Condition and Income or any successor report

49-23    required by federal or state law.  In addition, this provision

49-24    shall not apply to transactions in which the insurance sold is a

49-25    credit life, credit disability, credit property, or involuntary

 50-1    unemployment product sold in conjunction with a credit transaction.

 50-2          Sec. 5.  COMMISSIONER OF INSURANCE MAY ESTABLISH RULES AND

 50-3    REGULATIONS.  The commissioner is authorized to establish, and from

 50-4    time to time to amend, reasonable rules and regulations to comply

 50-5    with federal law applicable to the sale of insurance and for the

 50-6    implementation and administration of this article.

 50-7          SECTION 23.  This Act takes effect September 1, 1997.

 50-8          SECTION 24.  The importance of this legislation and the

 50-9    crowded condition of the calendars in both houses create an

50-10    emergency and an imperative public necessity that the

50-11    constitutional rule requiring bills to be read on three several

50-12    days in each house be suspended, and this rule is hereby suspended.