SRC-JBJ S.B. 957 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 957
76R6464 DLF-FBy: Madla
Economic Development
4/11/1999
As Filed


DIGEST 

Currently, the insurance code maintains specific requirements for issuing a
license to a person who provides insurance services.  Upon a review of the
licensing statutes, the Agents' Licensing Advisory Committee recommended,
with the support of the insurance commissioner, several changes to the
licensing requirements.  One of the changes to the licenses issued by the
Texas Department of Insurance (department) would be to create a "specialty"
license for a business, instead of for an individual employee, that
provides point of sale insurance products, such as credit insurance, rental
car insurance, and travel insurance.  The department would also no longer
require an adjuster license to retain a place of business in Texas, or a
life insurance agent to possess three years prior experience, but would
require counselors of life and health insurance to maintain continuing
education credentials.  S.B. 957 would amend certain licensing requirements
for a specialty license, a life and health insurance counselor license, an
adjuster license, and an agricultural insurance license. 
  
PURPOSE

As proposed, S.B. 957 amends the licensing requirements of certain persons
who provide services related to the business of insurance.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of insurance in SECTION
1.01, SECTION 1.02, SECTION 3.01, and SECTION 4.01 (Article 21.09, 21-07-2,
Insurance Code; 21.074,V.T.C.S.; and Art. 21.14-2, Insurance Code) of this
bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.01.  Amends Chapter 21A, Insurance Code, by adding Article 21.09,
as follows: 

 Art. 21.09.  SPECIALTY LICENSES

Sec. 1.  GENERAL PROVISIONS.  Authorizes the commissioner of insurance
(commissioner) to issue a specialty license to certain applicants.
Provides that a specialty license authorizes the license holder to act as
an agent for certain insurers.  Provides that a person who holds a license
under this article is a "specialty license holder."  Sets forth
requirements that specialty license holder applicants must submit to the
commissioner.  Sets forth conditions that entitle a salaried employee to a
specialty license.  Requires each license holder under this article to
conduct a training program for each individual acting on behalf of the
license holder.  Requires the training program to be submitted to the
commissioner for approval and to meet certain standards.  Requires a
specialty license holder to comply with all applicable provisions, except
certain premium collection activities.  Sets forth conditions that permit
insurance to be issued under this article.  Authorizes the commissioner to
use certain disciplinary actions and penalties against a specialty license
holder who violates this subchapter.  Prohibits a specialty license holder
from promoting himself or herself as a licensed insurance agent.  Provides
that a person who holds a license under Article 21.07-1, V.T.C.S., or
21.14, Insurance Code, is not required to obtain a specialty license, but
must meet all requirements of this article of an insurance product subject
to this article.  Requires each insurance company appointing an agent under
this article to submit a certification of the  appointment with an
affirmation of meeting relevant requirements and declaring the insurer
trustworthy and competent.   

Sec. 2.  RENTAL CAR COMPANIES.  Defines "rental agreement," "rental car
company," "renter," and "vehicle."  Requires the commissioner to issue a
Section 1 specialty license to a rental car company that complies with this
section.  Authorizes the rental car company or franchisee licensed under
Section 1 to act as an agent for certain insurance coverages. Prohibits
insurance from being issued under this section unless certain conditions
are met.  

Sec. 3.  CREDIT INSURANCE.  Defines "credit insurance," "credit insurance
agent," and "credit property insurance."  Authorizes the commissioner to
issue a Section 1 license to a retail distributor of goods, an automobile
dealer, or a bank that complies with this section for the limited purposes
set forth in this section, notwithstanding certain provisions.  Authorizes
a credit insurance agent to act as the agent of certain other companies
regarding the sale of their credit insurance.  Provides that the authority
conferred under this section specifically permits the sale of both
individuals and group credit insurance.  Prohibits insurance from being
issued under this section unless the disclosures in Section 1(g) are
prominently displayed and available in brochures for the prospective
consumer.   

Sec. 4.  ASSIGNMENT OF COMMISSIONS.  Authorizes certain specialty licensed
employees of financial institutions who enter into a contract with an
insurer to act as the insurer's agent to assign and transfer to their
institution compensation to be paid to the agent under the agent's contract
with the insurer.  Authorizes certain employees of an automobile dealer or
a retailer, licensed as a credit insurance agent under this article, to
enter into a contract with an insurer to act as the insurer's agent and
obtaining certain compensation.    

Sec. 5.  TRAVEL INSURANCE LICENSE.  Defines "planned trip," "travel
agency," and "traveler."  Authorizes the commissioner to issue a Section 1
specialty license to a travel agency or a public carrier that complies with
this section.  Authorizes a travel agency to act as an agent for certain
insurance coverages for any authorized insurer.  Prohibits insurance from
being issued under this section unless the disclosures in Section 1(g) are
prominently displayed and available to the prospective traveler. 

Sec. 6  RULES.  Authorizes the commissioner to adopt rules necessary to
implement this article and to meet the minimum requirements of federal law
and regulations. 

ARTICLE 2.  LIFE AND HEALTH INSURANCE COUNSELOR LICENSE

SECTION 2.01.  Transfers Article 21.07-2, V.T.C.S., to the Insurance Code,
and amends Article 21.07-2, as follows: 

Art. 21.07-2.  New heading:  LIFE AND HEALTH INSURANCE COUNSELOR LICENSE

 Sec. 1.  DEFINITION OF TERM.  Redefines "Life and Health Insurance
Counselor."  

Sec. 2.  New heading:  LICENSE REQUIRED; ISSUANCE BY DEPARTMENT.  Prohibits
a person from acting as a Life and Health Insurance Counselor without a
license issued by the Texas Department of Insurance (department), rather
than issued by the Board of Insurance Commissioners.  Makes  a
nonsubstantive change. 

Sec. 3.  EXEMPTIONS.  Prohibits this article from applying to a regular
salaried officer or employee of an authorized insurer issuing policies of
life or health insurance. 

Sec. 4.  CONTRACT, WRITING REQUIRED; DUPLICATES; OTHER REQUISITES. Makes
conforming and nonsubstantive changes. 

Sec. 4a.  PROHIBITION OF DUAL COMPENSATION.  Prohibits a person licensed
under  Article 21.07-1, rather than Article 21.07, V.T.C.S., and who
receives certain commissions under Article 21.07-1 from receiving a fee for
services under that article.  Makes conforming and nonsubstantive changes. 

Sec. 5.  MODE OF LICENSING AND REGULATION.  Requires the licensing and
regulation of a Life and Health Insurance Counselor to be subject to the
same licensing requirements as the agent under this subchapter, rather than
agents of legal reserve life insurance companies as provided in Article
21.07-1, Insurance Code, 1951.  Requires an applicant to sit for an
examination administered under Article 21.01-1 that includes certain
subjects.  Requires the department to issue a license for a person who
holds a Life Insurance Counselor license on September 1, 1999, issued by
the department, rather than issued by the Texas State Board of Insurance,
without further examination. Deletes licensing requirements regarding
documentation and examination requirements.  Makes conforming and
nonsubstantive changes. 

Sec. 6.  INTENT OF LEGISLATURE; STATUTES AND AMENDMENTS APPLICABLE. Sets
forth the legislative intent and exception as provided by this article.
Makes conforming and nonsubstantive changes.       

Sec. 7.  New heading:  VIOLATIONS.  Establishes that a person who commits a
violation of this article is subject to license revocation under Article
21.01-2, rather than Section 5, Insurance Code.  Deletes violation of this
article regarding a person acting as a life insurance counselor.  Makes
nonsubstantive changes. 

 Sec. 8.  PARTIAL INVALIDITY.  Makes nonsubstantive changes.  

Sec. 9.  CONTINUING EDUCATION.  Requires a person who holds a license under
this article to complete continuing education as required by rules of the
department or any applicable article of this code. 

Sec. 10.  RULES.  Authorizes the commissioner to adopt rules to implement
this article and to meet the minimum requirements of federal law and
regulations. 

Sec. 11.  REFERENCES IN OTHER LAW.  Provides that certain references in law
mean this article. 

ARTICLE 3.  ADJUSTERS LICENSES

SECTION 3.01.  Amends Article 21.07-4,V.T.I.S., by amending Sections 15-17
and 23 and adding Section 24, as follows: 

Sec. 15.  PLACE OF BUSINESS.  Deletes "in this state" provision in a
requirement that every licensed adjuster must have and maintain in this
state a place of business accessible to the public.  Requires the licensee
to promptly notify the commissioner of any change in the location of the
business.  Deletes requirement that the address of business appear on the
license.  Makes conforming and nonsubstantive changes.   

Sec. 16.  EXPIRATION AND RENEWAL OF LICENSES.  Provides that expiration and
renewal of the licenses are governed rules by rules of the department or
other certain laws. Deletes certain license expiration and renewal
provisions. 

Sec. 17.  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE.  Authorizes the
department to discipline an adjuster or deny an application under certain
rules.  Authorizes the rules to specify grounds for discipline that are
comparable to grounds for discipline of other license holders under this
subchapter, rather than grounds under Section 5, Article 21.01-2, Insurance
Code.  Deletes certain causes for dismissal.  Deletes provision authorizing
a denied applicant to seek judicial review. 

Sec. 23.  DUPLICATE LICENSE; FEES.  Requires the department to collect a
fee that is  determined by the department for a duplicate license, rather
than a fee, not to exceed $20 and determined by the State Board of
Insurance.  Makes conforming and nonsubstantive changes. 

 Sec. 24.  RULES.  Authorizes the commissioner to adopt rules to implement
this Act. 

ARTICLE 4.  AGRICULTURE AGENTS

SECTION 4.01.  Amends Article 21.14-2, Insurance Code, as follows:

 Art. 21.14-2.  New heading:  AGRICULTURAL INSURANCE AGENTS

Sec. 1.  APPOINTING CERTAIN AGRICULTURAL INSURANCE AGENTS.  Authorizes
certain insurance companies licensed for insurance of risks on growing
crops to appoint and act through agents who hold, rather than qualify for,
a license under Article 21.14. 

Sec. 2.  REQUIREMENTS FOR APPOINTMENTS.  Requires an insurance company to
submit an appointment form to the department and pay a fee determined by
the commissioner, rather than require an applicant to submit an application
to the State Board of Insurance on a certain form with a $50 fee.  Requires
the form to be endorsed by a representative of an insurance company, rather
than an agent who must also state the applicant is a resident of this
state.  Requires the commissioner to approve the appointment, rather than
application, unless the applicant does not meet the requirements of this
subchapter, rather than article.  Authorizes the department to waive any
examination requirement for certain qualified applicants seeking a company
appointment under this article.  Makes conforming and nonsubstantive
changes.  Authorizes the department to accept continuing education hours
completed under the guidelines of the Federal Crop Insurance Corporation.
Deletes certain expiration requirements of the license.  Deletes provision
that an applicant for certain renewal licenses is not required to pass an
examination or meet other requirements. 

Sec. 3.  MULTIPLE APPOINTMENTS AUTHORIZED.  Authorizes the license holder
to act as an agent for more than one insurance company.  Deletes licensing
regulations regarding  authorization to discipline a license holder and
guidelines for that discipline. 

Sec. 4.  APPLICATION OF OTHER LAW.  Provides that this subchapter applies
to the licensing and regulation of the agent, rather than providing that
Article 21.14 does not apply to the licensing or regulation of the agent. 

Sec. 5.  RULES.  Authorizes the commissioner to adopt rules to implement
this article and to meet minimum requirements of federal law and
regulations. 

ARTICLE 5.  REPEALER

SECTION 5.01.  Repealer:  Section 21, Article 21.07, Insurance Code
(Procedures to issue to car companies limited licenses as insurance
agents). 

 Repealer:  Section 21, Article 21.07, Insurance Code (Credit Insurance
Agent). 

 Repealer:  Article 21.07-4, V.T.I.S., (Automatic Revocation, Duplicate
License; Fee). 

ARTICLE 6.  GRANDFATHER PROVISIONS; EFFECTIVE DATE; EMERGENCY

SECTION 6.01.  Effective date: September 1, 1999.

SECTION 6.02.  (a)  Requires the department by January 1, 2000, to issue
the license under Article 21.09, Insurance Code, to certain agents licensed
by the department.   

(b)-(c)  Makes application of this Act prospective to January 1, 2000.

 (d)  Provides that a person who holds a license as an agricultural
insurance agent under Article 21.14-2, Insurance Code, is eligible for a
license under Article 21.14, Insurance Code, if the person applies before
March 1, 2000, but the person must pass the required examination before
March 1, 2002, to maintain the license. 

SECTION 6.03.  Emergency clause.