1-1     By:  Turner of Coleman (Senate Sponsor - Ratliff)     H.B. No. 2559
 1-2           (In the Senate - Received from the House April 26, 1999;
 1-3     April 27, 1999, read first time and referred to Committee on
 1-4     Economic Development; May 13, 1999, reported favorably by the
 1-5     following vote:  Yeas 4, Nays 0; May 13, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to increasing the policy limit on stipulated insurance
 1-9     company policies.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 3, Article 21.07, Insurance Code, as
1-12     amended by Chapters 596 and 972, Acts of the 75th Legislature,
1-13     Regular Session, 1997, is reenacted and amended to read as follows:
1-14           Sec. 3.  ISSUANCE OF LICENSE UNDER CERTAIN CIRCUMSTANCES.
1-15     The commissioner [department] shall issue a license to a person,
1-16     corporation, or bank in such form as the department [it] may
1-17     prepare authorizing such applicant to write the types of insurance
1-18     authorized by law to be issued by applicant's appointing insurance
1-19     carrier, except that:
1-20                 (1)  the [(a)  Such] applicant shall not be authorized
1-21     to write health and accident insurance unless the applicant:
1-22                       (A) [(i)  applicant,] if not a partnership,
1-23     corporation, or bank shall have first passed a written examination
1-24     as provided for in this Article;
1-25                       (B)[, or (ii) applicant] will act only as a
1-26     ticket-selling agent of a public carrier with respect to accident
1-27     life insurance covering risks of travel or as an agent selling
1-28     credit life, health and accident insurance issued exclusively in
1-29     connection with credit transactions;[,] or
1-30                       (C) [(iii) applicant] will write policies or
1-31     riders to policies providing only lump sum cash benefits in the
1-32     event of the accidental death, or death by accidental means, or
1-33     dismemberment, or providing only ambulance expense benefits in the
1-34     event of accident or sickness; and
1-35                 (2)  the [(b)  Such] applicant, if not a partnership,
1-36     corporation, or bank shall not be authorized to write life
1-37     insurance in excess of  $15,000 [$10,000] upon any one life unless
1-38     the applicant:
1-39                       (A) [(i) applicant,] if not a partnership,
1-40     corporation, or bank shall have first passed a written examination
1-41     as provided for in this Article;
1-42                       (B)[, or (ii) applicant] will act only as a
1-43     ticket-selling agent of a public carrier with respect to accident
1-44     life insurance covering risks of travel or as an agent selling
1-45     credit life, health and accident insurance issued exclusively in
1-46     connection with credit transactions;[,] or
1-47                       (C) [(iii)  applicant] will write policies or
1-48     riders to policies providing only lump sum cash benefits in the
1-49     event of the accidental death, or death by accidental means, or
1-50     dismemberment, or providing only ambulance expense benefits in the
1-51     event of accident or sickness.
1-52           SECTION 2.  The heading to Section 4A, Article 21.07,
1-53     Insurance Code, is amended to read as follows:
1-54           Sec. 4A.  EXAMINATION OF APPLICANT FOR LICENSE TO WRITE LIFE
1-55     INSURANCE UPON ANY ONE LIFE IN EXCESS OF $15,000 [$10,000].
1-56           SECTION 3.  Sections 4A(a), (c), and (e), Article 21.07,
1-57     Insurance Code, are amended to read as follows:
1-58           (a)  Each applicant for a license under the provisions of
1-59     this Article 21.07, Insurance Code, as amended, who desires to
1-60     write life insurance in excess of $15,000 [$10,000] upon any one
1-61     life, other than as excepted in Section 3 of this Article 21.07,
1-62     within this state shall submit to a personal written examination
1-63     prescribed by the commissioner and administered in the English or
1-64     Spanish language to determine the applicant's competency with
 2-1     respect to life insurance and the applicant's familiarity with the
 2-2     pertinent provisions of the laws of the State of Texas relating to
 2-3     life insurance and shall pass the same to the satisfaction of the
 2-4     commissioner;  except that no written examination shall be required
 2-5     of an applicant that is a partnership or corporation.
 2-6           (c)  After the commissioner determines that such applicant
 2-7     has successfully passed the written examination or it has been
 2-8     waived, the commissioner shall forthwith issue a license to such
 2-9     applicant which shall also authorize such applicant to write life
2-10     insurance upon any one life in excess of $15,000 [$10,000] for the
2-11     designated insurance carrier.
2-12           (e)  When any license shall be issued by the commissioner to
2-13     an applicant entitled to write life insurance upon any one life in
2-14     excess of $15,000 [$10,000], the license shall have stamped thereon
2-15     the words, "Life Insurance in Excess of $15,000 [$10,000]."
2-16           SECTION 4.  Section 3, Article 22.07, Insurance Code, is
2-17     amended to read as follows:
2-18           Sec. 3.  If the surplus of a stipulated premium company is at
2-19     least Fifty Thousand Dollars ($50,000.00) but less than Two Hundred
2-20     Thousand Dollars ($200,000.00), the stipulated premium company
2-21     shall reinsure the insurance amount that exceeds Fifteen [Ten]
2-22     Thousand Dollars ($15,000 [$10,000.00]) on a life insurance risk on
2-23     any one life.
2-24           SECTION 5.  Section 1(b), Article 22.13, Insurance Code, is
2-25     amended to read as follows:
2-26           (b)  Except as otherwise provided by this subsection, it
2-27     shall be unlawful for any stipulated premium company to assume
2-28     liability on a life insurance risk on any one life in an amount in
2-29     excess of Fifteen [Ten] Thousand Dollars ($15,000 [$10,000.00]).
2-30     If a stipulated premium company assumes a life insurance risk under
2-31     a life insurance policy, the initial death benefit of Fifteen [Ten]
2-32     Thousand Dollars ($15,000 [$10,000.00]) or less may increase to an
2-33     amount greater than Fifteen [Ten] Thousand Dollars ($15,000
2-34     [$10,000.00]).  For a policy in which the death benefit subsequent
2-35     to issuance exceeds Fifteen [Ten] Thousand Dollars ($15,000
2-36     [$10,000.00]), the death benefit at the end of each policy year may
2-37     not exceed the greater of the maximum increase as specified in the
2-38     policy, compounded annually, or the CPI-U, compounded annually.
2-39     The maximum increase that may be specified in a life insurance
2-40     policy subject to this article is five percent, compounded
2-41     annually.  For purposes of this subsection, the CPI-U for a given
2-42     calendar year is the consumer price index for all urban consumers
2-43     for all items and for all regions of the United States, combined as
2-44     determined by the United States Department of Labor, Bureau of
2-45     Labor Statistics, on September 30 of the prior calendar year.
2-46           SECTION 6.  Article 22.23(a), Insurance Code, is amended to
2-47     read as follows:
2-48           (a)  Each stipulated premium company possessing capital and
2-49     unencumbered surplus of at least the combined total sum of
2-50     $100,000.00 may issue policies of life insurance as authorized and
2-51     permitted under the provisions of Chapter Three of this Insurance
2-52     Code provided that:
2-53                 (1)  no individual life shall be insured for more than
2-54     $15,000 [$10,000.00], except as provided by Section 1(b), Article
2-55     22.13, of this code or Article 22.23A of this code;
2-56                 (2)  each such policy shall be reserved and reinsured
2-57     as required under the provisions of Chapter Three of this Insurance
2-58     Code; and
2-59                 (3)  each such life policy shall be issued only upon an
2-60     endowment or limited pay basis.
2-61           SECTION 7.  This Act takes effect September 1, 1999, and
2-62     applies only to an insurance policy that is delivered, issued for
2-63     delivery, or renewed on or after the effective date of this Act.  A
2-64     policy that is delivered, issued for delivery, or renewed before
2-65     the effective date of this Act is governed by the law as it existed
2-66     immediately before the effective date of this Act, and that law is
2-67     continued in effect for that purpose.
2-68           SECTION 8.  The importance of this legislation and the
2-69     crowded condition of the calendars in both houses create an
 3-1     emergency and an imperative public necessity that the
 3-2     constitutional rule requiring bills to be read on three several
 3-3     days in each house be suspended, and this rule is hereby suspended.
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