AN ACT
 1-1     relating to the regulation of certain insurance agents and to the
 1-2     consolidation of insurance agent licenses; providing penalties.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4                ARTICLE 1.  GENERAL PROVISIONS APPLICABLE TO
 1-5                            ALL INSURANCE AGENTS
 1-6           SECTION 1.01.  Article 21.01, Insurance Code, is amended to
 1-7     read as follows:
 1-8           Art. 21.01.  PURPOSE; CONSOLIDATION OF LICENSES; APPLICATION;
 1-9     CERTIFICATE OF AUTHORITY OR LICENSE REQUIRED; RULEMAKING AUTHORITY
1-10           Sec. 1.  PURPOSE.  It is the intent of the legislature to
1-11     simplify and reform the regulation of insurance agents in this
1-12     state by consolidating the types of licenses issued to insurance
1-13     agents under this subchapter.  This subchapter is also intended to
1-14     promote uniformity in the licensing, examination, continuing
1-15     education, and disciplinary requirements for agents.
1-16           Sec. 2.  CERTIFICATE OF AUTHORITY OR LICENSE REQUIRED.  It
1-17     shall not be lawful for any person to act [within this State], as
1-18     an agent or otherwise, in soliciting or receiving applications for
1-19     insurance of any kind whatever in this state, or in any manner to
1-20     aid in the transaction of the business of any insurance company
1-21     incorporated in this state [State], or out of it, without first
1-22     procuring a license or certificate of authority from the department
1-23     [Board].
1-24           Sec. 3.  APPLICATION.  (a)  Except as otherwise provided by
 2-1     this code, this subchapter applies to each person licensed in
 2-2     accordance with:
 2-3                 (1)  Section 4, Article 1.14-2, of this code;
 2-4                 (2)  Section 7, Article 3.75, of this code;
 2-5                 (3)  Subsection (c), Article 5.13-1, of this code;
 2-6                 (4)  Article 10.37-3 of this code;
 2-7                 (5)  Article 16.24A of this code;
 2-8                 (6)  Section 9, Article 17.25, of this code;
 2-9                 (7)  Article 21.07 of this code;
2-10                 (8)  Article 21.07-1 of this code;
2-11                 (9)  Chapter 29, Acts of the 54th Legislature, Regular
2-12     Session, 1955 (Article 21.07-2, Vernon's Texas Insurance Code);
2-13                 (10)  the Managing General Agents' Licensing Act
2-14     (Article 21.07-3, Vernon's Texas Insurance Code);
2-15                 (11)  Chapter 407, Acts of the 63rd Legislature,
2-16     Regular Session, 1973 (Article 21.07-4, Vernon's Texas Insurance
2-17     Code);
2-18                 (12)  Article 21.07-6 of this code;
2-19                 (13)  Article 21.07-7 of this code;
2-20                 (14)  Article 21.11 of this code;
2-21                 (15)  Article 21.14 of this code;
2-22                 (16)  Article 21.14-1 of this code;
2-23                 (17)  Article 21.14-2 of this code;
2-24                 (18)  Article 23.23A of this code; or
2-25                 (19)  a specialty license program established under
2-26     state law.
 3-1           (b)  Except as otherwise provided by law, each reference in
 3-2     this code and other laws of this state to a particular type of
 3-3     license authorizing an agent to engage in the business of insurance
 3-4     in this state means a license designation as made by amendment,
 3-5     enactment, or reenactment of or to Subchapter A, Chapter 21, of
 3-6     this code by the 76th Legislature, Regular Session, 1999, or
 3-7     subsequent amendments to that subchapter.  A reference in this
 3-8     subchapter to a statutory provision applies to all reenactments,
 3-9     revisions, or amendments of that provision.
3-10           Sec. 4.  RULES.  The commissioner may adopt rules as
3-11     necessary to implement this subchapter and to meet the minimum
3-12     requirements of federal law and regulations.
3-13           SECTION 1.02.  Article 21.01-1, Insurance Code, is amended to
3-14     read as follows:
3-15           Art. 21.01-1.  AGENTS' QUALIFYING EXAMINATION; CONTINUING
3-16     EDUCATION REQUIREMENTS FOR AGENTS
3-17           Sec. 1.  EXAMINATION ADMINISTRATION.  (a)  The commissioner
3-18     [State Board of Insurance] may[, at its discretion,] accept
3-19     examinations administered by a testing service as satisfying the
3-20     examination requirements of persons seeking license as agents,
3-21     [solicitors,] counselors, or adjusters under this code.  The
3-22     commissioner [State Board of Insurance] may negotiate agreements
3-23     with such testing services to include performance of examination
3-24     development, test scheduling, examination site arrangements, and
3-25     test administration, grading, reporting and analysis.  The
3-26     commissioner [State Board of Insurance] may require such testing
 4-1     services to correspond directly with the applicants with regard to
 4-2     the administration of such examinations and that such testing
 4-3     services collect fees for administering such examinations directly
 4-4     from the applicants.  The commissioner [State Board of Insurance]
 4-5     may stipulate that any agreements with such testing services
 4-6     provide for the administration of examinations in specific locales
 4-7     and at specified frequencies.  The commissioner [State Board of
 4-8     Insurance] shall retain the authority to establish the scope and
 4-9     type of all examinations.  Prior to negotiating and making any
4-10     agreement with any testing service as authorized hereby, the
4-11     commissioner [State Board of Insurance] shall hold a public hearing
4-12     [thereon] in accordance with Chapter 2001, Government Code [the
4-13     provisions of Section 5 of the Administrative Procedure and Texas
4-14     Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)],
4-15     and shall adopt such rules[, regulations,] and standards as may be
4-16     deemed appropriate by the commissioner [Board] to implement the
4-17     authority granted in this article [Article].
4-18           (b)  The commissioner may appoint advisory boards consisting
4-19     of any of the following persons:  persons holding a license for
4-20     which the respective examinations are intended, persons who are
4-21     employed by insurance companies appointing such licensees, persons
4-22     acting as general agents or managers, persons teaching insurance at
4-23     an accredited college or university in Texas, persons who are
4-24     citizens of the State of Texas but who are not of any of the
4-25     preceding descriptions, or any combination of such persons.  The
4-26     function of such advisory boards will be to make recommendations to
 5-1     the commissioner [State Board of Insurance] or the testing service
 5-2     with respect to the scope, type, and conduct of such examinations
 5-3     and the times and places within the state where they shall be held.
 5-4     The members of such advisory boards shall serve without pay but
 5-5     shall be reimbursed for their reasonable expenses in attending
 5-6     meetings of their respective advisory boards.
 5-7           (c)  In the absence of an agreement with a testing service,
 5-8     the department [State Board of Insurance] shall administer any
 5-9     required qualifying examination in accordance with this article
5-10     [the provisions of the respective statutes governing the issuance
5-11     of the license sought by the applicant].  The commissioner may
5-12     adopt rules relating to the scope, type, and conduct of the written
5-13     examinations and the times and places in this state at which the
5-14     examinations will be conducted.  The commissioner's rules may
5-15     designate textbooks, manuals, and other materials to be studied by
5-16     applicants in preparation for examinations conducted under this
5-17     subsection.  Those textbooks, manuals, or other materials may
5-18     consist of material available to an applicant by purchase from the
5-19     publisher or of material prepared at the direction of the
5-20     commissioner and distributed to an applicant on request and on
5-21     payment of the reasonable cost of the material.  All examination
5-22     questions shall be prepared from the contents of the textbooks,
5-23     manuals, and other materials designated or prepared by the
5-24     commissioner under this subsection.
5-25           (d)  Not later than the 30th day after the date on which a
5-26     licensing examination is administered under this code, the
 6-1     department shall notify each examinee of the results of the
 6-2     examination.  However, if an examination is graded or reviewed by a
 6-3     testing service, the department shall notify each examinee
 6-4     [examinees] of the results of the examination not later than the
 6-5     14th day after the date on which the department receives the
 6-6     results from the testing service.  If the notice of examination
 6-7     results graded or reviewed by a testing service will be delayed for
 6-8     longer than 90 days after the examination date, the department
 6-9     shall notify the examinee of the reason for the delay before the
6-10     90th day.  The department may require a testing service to notify
6-11     examinees of the results of an examination.
6-12           (e)  If requested in writing by a person who fails a
6-13     licensing examination administered under this code, the department
6-14     shall furnish the person with an analysis of the person's
6-15     performance on the examination.
6-16           Sec. 2.  EXAMINATION OF LICENSE APPLICANT.  (a)  Except as
6-17     provided by Subsections (c) and (d) of this section, each applicant
6-18     for a license to act as an insurance agent in this state must
6-19     submit to a personal written examination that is prescribed by the
6-20     department and must pass the examination to the satisfaction of the
6-21     department.  The examination shall determine the applicant's
6-22     competence with respect to:
6-23                 (1)  the type of insurance contracts for which the
6-24     applicant seeks a license;
6-25                 (2)  the laws of this state regulating the business of
6-26     insurance; and
 7-1                 (3)  the ethical obligations and duties of an insurance
 7-2     agent.
 7-3           (b)  The department shall charge each applicant an
 7-4     examination fee in an amount determined by the department as
 7-5     necessary for administration of the examination.  The fee must
 7-6     accompany each application to take the examination.  The fee is
 7-7     nonrefundable other than for failure of the applicant to appear and
 7-8     take the examination after the applicant has given at least 24
 7-9     hours' notice of an emergency situation to the department and
7-10     received the department's approval of refund of the fee.
7-11           (c)  The commissioner shall prescribe a limited written
7-12     licensing examination for applicants for a limited license under
7-13     Article 21.07-1 or Article 21.14 of this code.  A limited
7-14     examination shall be administered according to the provisions of
7-15     this article and shall determine the applicant's competence and
7-16     understanding of:
7-17                 (1)  the basic principles of insurance contracts;
7-18                 (2)  the basic laws of this state regulating the
7-19     business of insurance; and
7-20                 (3)  the ethical obligations and duties of an insurance
7-21     agent.
7-22           (d)  The department may not require a person to take an
7-23     examination under this article if the person is:
7-24                 (1)  an applicant for the renewal of an unexpired
7-25     license issued by the department;
7-26                 (2)  an applicant whose Texas insurance license expired
 8-1     less than one year before the date of the application, if the
 8-2     previous license was not denied, revoked, or suspended by the
 8-3     commissioner;
 8-4                 (3)  a partnership, corporation, or bank;
 8-5                 (4)  an applicant for a life, accident, and health
 8-6     license who has attained the designation of chartered life
 8-7     underwriter (CLU);
 8-8                 (5)  an applicant for a life and health insurance
 8-9     counselor license who has attained the designation of chartered
8-10     life underwriter (CLU), chartered financial consultant (ChFC), or
8-11     certified financial planner (CFP);
8-12                 (6)  an applicant for a property and casualty license
8-13     who has attained the designation of chartered property and casualty
8-14     underwriter (CPCU);
8-15                 (7)  an applicant for a specialty license issued by the
8-16     department;
8-17                 (8)  a nonresident individual who is exempt from the
8-18     examination requirement under Article 21.11 of this code; or
8-19                 (9)  an applicant for a general life, accident, and
8-20     health license who was authorized to solicit insurance on behalf of
8-21     a fraternal benefit society on September 1, 1999, if the applicant:
8-22                       (A)  had actually solicited insurance on behalf
8-23     of the fraternal benefit society for at least 24 months preceding
8-24     September 1, 1999;
8-25                       (B)  does not solicit insurance for any other
8-26     insurer or a different fraternal benefit society on or after
 9-1     September 1, 1999;
 9-2                       (C)  does not solicit or procure an insurance
 9-3     contract on or after September 1, 1999, except from a person who is
 9-4     eligible for membership in the fraternal benefit society; and
 9-5                       (D)  does not solicit or procure an
 9-6     interest-sensitive life insurance contract that exceeds $35,000 of
 9-7     coverage on an individual life on or after September 1, 1999,
 9-8     unless the applicant has obtained the designation of "Fraternal
 9-9     Insurance Counselor" at the time the contract is solicited or
9-10     procured.
9-11           (e)  A license to which the exemption authorized under
9-12     Subsection (d)(9) of this section applies must be held by the
9-13     applicant in an individual capacity and is not transferable.
9-14           (f)  Each examination administered under this article shall
9-15     be offered in English and Spanish.
9-16           Sec. 3.  CONTINUING EDUCATION REQUIREMENTS.  (a)  The
9-17     department has exclusive jurisdiction for all matters relating to
9-18     the continuing education of insurance agents who are licensed under
9-19     this code.
9-20           (b)  Except as provided by Subsection (d) of this section,
9-21     each individual who holds a license issued by the department shall
9-22     complete continuing education.  All required continuing education
9-23     hours must be completed before the expiration date of the
9-24     individual's license.  An individual who holds a life, accident,
9-25     and health license, a life and health insurance counselor license,
9-26     or a property and casualty license shall complete 15 hours of
 10-1    continuing education annually.  The agent may not be required to
 10-2    complete more than 15 continuing education hours annually as a
 10-3    result of holding more than one license for which continuing
 10-4    education is required.  An individual who holds a limited life,
 10-5    accident, and health license or a limited property and casualty
 10-6    license shall complete five hours of continuing education annually.
 10-7    Each individual who holds a license issued by the department shall
 10-8    complete four hours of continuing education in ethics during each
 10-9    license renewal period.  At least 50 percent of all required
10-10    continuing education hours must be completed in a classroom setting
10-11    or a classroom equivalent setting approved by the department.  The
10-12    department may grant reciprocity to license holders who complete
10-13    continuing education requirements in other professions or in
10-14    association with professional designations in an insurance-related
10-15    field.
10-16          (c)  On a timely written request of an agent, the department
10-17    may extend the time for the agent to comply with the continuing
10-18    education requirements of this section or may exempt the agent from
10-19    some or all of the requirements for a licensing period if the
10-20    department finds that the agent is unable to comply with the
10-21    requirements because of illness, medical disability, or another
10-22    extenuating circumstance beyond the control of the agent.  The
10-23    commissioner by rule shall prescribe the criteria for an exemption
10-24    or extension under this subsection.
10-25          (d)  An individual who has continuously held a license issued
10-26    under this code to operate as an insurance agent for 20 years is
 11-1    exempt from the continuing education requirements of this section.
 11-2    The commissioner by rule may provide for other reasonable
 11-3    exemptions.
 11-4          (e)  The department shall certify continuing education
 11-5    programs for agents.  Only a program that satisfies the criteria
 11-6    established by rule by the commissioner may receive certification.
 11-7    The certification criteria shall be designed to ensure that
 11-8    continuing education programs enhance the knowledge, understanding,
 11-9    and professional competence of the license holder.  A nonrefundable
11-10    certification fee, in an amount set by the commissioner as
11-11    necessary for administering the program, must accompany each
11-12    application for certification of a continuing education program.
11-13    The fee shall be established by rule and based on a graduated scale
11-14    according to the number of hours required to complete the program.
11-15          (f)  Each continuing education course provider shall register
11-16    with the department as a course provider.  The department shall
11-17    assess a registration fee for each application for registration as
11-18    a provider, set by the commissioner in an amount necessary for the
11-19    proper administration of this section.  The commissioner may adopt
11-20    rules establishing the requirements for continuing education course
11-21    providers.  The department may negotiate agreements with
11-22    independent contractors under which the independent contractor
11-23    certifies and registers continuing education courses and providers.
11-24    The department may require those independent contractors to
11-25    correspond directly with providers with regard to the
11-26    administration of continuing education courses, and the contractors
 12-1    may collect fees from the providers for administration of the
 12-2    courses.  The department retains the authority to establish the
 12-3    scope and type of continuing education requirements for each type
 12-4    of license.
 12-5          (g)  The commissioner may appoint an advisory council to
 12-6    furnish the commissioner with information and assistance in the
 12-7    conduct of the continuing education program for agents licensed
 12-8    under this subchapter.  If an advisory council is appointed, it
 12-9    must be composed of nine members, four of whom must be public
12-10    members.  The public members are entitled to reimbursement for
12-11    their reasonable travel expenses in attending meetings of the
12-12    advisory council, subject to any applicable limit in the General
12-13    Appropriations Act.  A public member may not:
12-14                (1)  be an officer, director, or employee of an
12-15    insurance company, insurance agency, agent, broker, adjuster, or
12-16    any other business entity regulated by the department;
12-17                (2)  be a person required to register with the Texas
12-18    Ethics Commission under Chapter 305, Government Code; or
12-19                (3)  be related to a person described by Subdivision
12-20    (1) or (2) of this subsection within the second degree by affinity
12-21    or consanguinity, as determined under Chapter 573, Government Code.
12-22          SECTION 1.03.  Section 2, Article 21.01-2, Insurance Code, is
12-23    redesignated as Section 1A, Article 21.01-2, Insurance Code, and
12-24    amended to read as follows:
12-25          Sec. 1A [2].  EXPIRATION AND RENEWAL OF LICENSES.
12-26    (a)  Except as provided by a staggered renewal system adopted under
 13-1    Subsection (h) of this section, each agent license issued by the
 13-2    department  expires on the fifth anniversary of the date of
 13-3    issuance unless suspended or revoked by the commissioner.  A person
 13-4    may renew a [an unexpired] license that has not expired or has not
 13-5    been suspended or revoked by filing a properly completed renewal
 13-6    application with the department in the form prescribed by the
 13-7    department and paying to the department before the expiration date
 13-8    of the license the required renewal fee.  A renewal fee paid under
 13-9    this section is nonrefundable.
13-10          (b)  On the filing of a completed renewal application not
13-11    later than the expiration date of the license accompanied by  the
13-12    renewal fee set by the commissioner, the original license continues
13-13    in force until:
13-14                (1)  the department issues the renewal license; or
13-15                (2)  the commissioner issues an order revoking the
13-16    license.
13-17          (c)  If a person's license has been expired for 90 days or
13-18    less, the person may renew the license by filing a renewal
13-19    application with the department in the form prescribed by the
13-20    department and paying to the department the required renewal fee
13-21    and an additional [a] fee that is equal to one-half of the renewal
13-22    [license] fee[, if any,] for the license.
13-23          (d)  If a person's license has been expired for more than 90
13-24    days but less than one  year, the person may not renew the license,
13-25    but is entitled to a new license without taking the applicable
13-26    examination if the person submits to the department a new
 14-1    application, the license fee, and an additional fee equal to
 14-2    one-half of the license fee.
 14-3          (e) [(c)]  If a person's license has been expired for one
 14-4    year or more [longer than 90 days], the person may not renew the
 14-5    license.  The person may obtain a new license by submitting to
 14-6    reexamination, if examination is required for original issuance of
 14-7    the license, and complying with the requirements and procedures for
 14-8    obtaining an original license.
 14-9          (f)  The [However, the] department may renew without
14-10    reexamination an expired license of a person who was licensed in
14-11    this state, moved to another state, and is currently licensed and
14-12    has been in continual practice in the other state for the period
14-13    [two years] preceding application.  The person must pay to the
14-14    department a fee that is equal to the license fee.
14-15          (g) [(d)]  At least 30 days before the expiration of a
14-16    person's license, the department shall send written notice of the
14-17    impending license expiration to the person at the person's last
14-18    known mailing address according to the records of the department.
14-19          (h) [(e)]  The commissioner by rule may adopt a system under
14-20    which licenses expire on various dates during a licensing period.
14-21    For the licensing period in which the license expiration is
14-22    changed, license fees shall be prorated [on a monthly basis] so
14-23    that each license holder shall pay only that portion of the license
14-24    fee that is allocable to the period [number of months] during which
14-25    the license is valid.  On renewal of the license on the new
14-26    expiration date, the total license renewal fee is payable.  The
 15-1    commissioner shall adopt a system under which a person who holds
 15-2    more than one license may renew all the licenses held in a single
 15-3    process.
 15-4          (i) [(f)]  This section is not applicable to a license issued
 15-5    under Article 21.07-6 or 21.07-7 of this code.
 15-6          SECTION 1.04.  Article 21.01-2, Insurance Code, is amended by
 15-7    adding Section 2A to read as follows:
 15-8          Sec. 2A.  PROHIBITED ACTIVITIES.  (a)  A person licensed
 15-9    under this code who receives a commission or other consideration
15-10    for services as an insurance agent may not receive an additional
15-11    fee for those services provided to the same client except for a fee
15-12    described by Article 21.35A or 21.35B of this code.
15-13          (b)  An insurer or licensed insurance agent engaged in the
15-14    business of insurance in this state may not pay, directly or
15-15    indirectly, and may not accept, any commission or other valuable
15-16    consideration to or from any person for services performed by that
15-17    person as an insurance agent in this state unless the person holds
15-18    a license to act as an insurance agent as required by the laws of
15-19    this state.  This subsection does not prevent the payment or
15-20    receipt of renewal or other deferred commissions to or by any
15-21    person solely because the person has ceased to hold a license to
15-22    act as an insurance agent.
15-23          (c)  An insurance agent licensed under this code may not pay,
15-24    allow, or give, or offer to pay, allow, or give, directly or
15-25    indirectly, to any person who is not a licensed insurance agent,
15-26    any rebate of premiums payable, commission, paid employment, or
 16-1    contract for service, or any other valuable consideration or
 16-2    inducement, that is not specified in the policy or contract of
 16-3    insurance for or on account of the solicitation or negotiation of
 16-4    contracts of insurance.
 16-5          (d)  In addition to any other penalty imposed under this
 16-6    code, a person who is determined by the department to have
 16-7    committed conduct described by this subsection is barred from
 16-8    receiving a license as an insurance agent before the fifth
 16-9    anniversary of the date of the determination.  This subsection
16-10    applies to a person who:
16-11                (1)  acts as an insurance agent without holding a
16-12    license under this code;
16-13                (2)  solicits a contract of insurance or acts as an
16-14    insurance agent without having been appointed or designated by an
16-15    authorized insurance company, association, or organization to do so
16-16    as provided by this code;
16-17                (3)  solicits any contract of insurance or acts as an
16-18    agent for a person, including an insurance company, association, or
16-19    organization, not authorized to engage in the business of insurance
16-20    in this state without holding a license issued under Article 1.14-2
16-21    of this code; or
16-22                (4)  as an officer or representative of an insurance
16-23    company, knowingly contracts with or appoints as an agent a person
16-24    who does not hold a valid and outstanding license.
16-25          (e)  A person who has had an insurance license revoked in
16-26    this state or any other state may not solicit or otherwise transact
 17-1    business under Chapter 10 of this code unless it is determined by
 17-2    the department to be in the public interest, for good cause shown,
 17-3    to allow the person to act in that capacity.
 17-4          (f)  A person who has had an insurance license revoked in
 17-5    this state or any other state may not act as an officer, director,
 17-6    member, manager, or partner, or as a shareholder with a controlling
 17-7    interest, of an entity licensed under this subchapter unless it is
 17-8    determined by the department to be in the public interest, for good
 17-9    cause shown, to allow the person to act in that capacity.
17-10          (g)  A property and casualty agent may not knowingly grant,
17-11    write, or permit a greater amount of insurance against loss by fire
17-12    than the reasonable value of the subject of the insurance.
17-13          (h)  This section does not apply to a person who is licensed
17-14    under, or holds a certificate of authority issued under, Chapter 9
17-15    of this code.
17-16          SECTION 1.05.  Section 5, Article 21.01-2, Insurance Code, is
17-17    redesignated as Section 3A, Article 21.01-2, Insurance Code, and
17-18    amended to read as follows:
17-19          Sec. 3A [5].  DENIAL OR REFUSAL OF LICENSE APPLICATION;
17-20    SUSPENSION OR REVOCATION OF LICENSES; DISCIPLINE OF LICENSE
17-21    HOLDERS.  (a)  In addition to any other remedy available under
17-22    Section 7, Article 1.10, of this code, the [The] department may
17-23    [shall] refuse to issue an original license, revoke, suspend, or
17-24    refuse to renew a license, place on probation a person whose
17-25    license has been suspended, assess an administrative penalty, or
17-26    reprimand a license holder for a violation of this code, another
 18-1    insurance law of this state, or a rule of the commissioner [or the
 18-2    board].  If a license suspension is probated, the commissioner may
 18-3    require the person to:
 18-4                (1)  report regularly to the department on matters that
 18-5    are the basis of the probation;
 18-6                (2)  limit the person's practice to the areas
 18-7    prescribed by the department; or
 18-8                (3)  continue or review professional education until
 18-9    the person attains a degree of skill satisfactory to the
18-10    commissioner in those areas that are the basis of the probation.
18-11          (b)  If the department proposes to refuse to issue an
18-12    original license, or to suspend, revoke, or refuse to renew a
18-13    license, the person affected is entitled to a hearing conducted by
18-14    the State Office of Administrative Hearings in accordance with
18-15    Article 1.33B of this code.  Notice of the hearing shall be
18-16    provided to the person and to any insurance carrier appearing on
18-17    the application as desiring that the license be issued.
18-18          (c)  The department may discipline a license holder or deny a
18-19    license application under this article if the department determines
18-20    that the applicant or license holder, individually or through any
18-21    officer, director, or shareholder:
18-22                (1)  has wilfully violated any provision of the
18-23    insurance laws of this state;
18-24                (2)  has intentionally made a material misstatement in
18-25    the license application;
18-26                (3)  has obtained, or attempted to obtain, a license by
 19-1    fraud or misrepresentation;
 19-2                (4)  has misappropriated, converted to the applicant's
 19-3    or holder's own use, or illegally withheld money belonging to:
 19-4                      (A)  an insurer;
 19-5                      (B)  a health maintenance organization; or
 19-6                      (C)  an insured, enrollee, or beneficiary;
 19-7                (5)  has engaged in fraudulent or dishonest acts or
 19-8    practices;
 19-9                (6)  has materially misrepresented the terms and
19-10    conditions of an insurance policy or contract, including a contract
19-11    relating to membership in a health maintenance organization;
19-12                (7)  has made or issued, or caused to be made or
19-13    issued, any statement misrepresenting or making incomplete
19-14    comparisons regarding the terms or conditions of an insurance or
19-15    annuity contract legally issued by an insurer or a membership
19-16    issued by a health maintenance organization to induce the owner of
19-17    the contract or membership to forfeit or surrender the contract or
19-18    membership or allow it to lapse for the purpose of replacing the
19-19    contract or membership with another;
19-20                (8)  is convicted of a felony;
19-21                (9)  has offered or given a rebate of an insurance
19-22    premium or commission to an insured or enrollee;
19-23                (10)  is not actively engaged in the soliciting or
19-24    writing of insurance for the public generally as required by
19-25    Section 2(c), Article 21.07, of this code; or
19-26                (11)  has obtained or attempted to obtain a license,
 20-1    not for the purpose of holding the license holder or applicant out
 20-2    to the general public as an agent, but primarily for the purpose of
 20-3    soliciting, negotiating, or procuring insurance or annuity
 20-4    contracts or memberships covering:
 20-5                      (A)  the applicant or license holder;
 20-6                      (B)  a member of the applicant's or license
 20-7    holder's family; or
 20-8                      (C)  a business associate of the applicant or
 20-9    license holder.
20-10          (d)  An individual whose license application is denied or
20-11    whose license has been revoked under this article may not apply for
20-12    any license as an insurance agent before the fifth anniversary of:
20-13                (1)  the effective date of the denial or revocation; or
20-14                (2)  if the applicant or license holder seeks judicial
20-15    review of the department's action, the date of the final court
20-16    order or decree affirming that action.
20-17          (e)  The commissioner may deny a timely application filed
20-18    under Subsection (d) of this section if the applicant does not show
20-19    good cause why the denial or revocation of the previous license
20-20    application or license should not be considered a bar to the
20-21    issuance of a new license.  This subsection does not apply to an
20-22    applicant whose license application was denied for failure to:
20-23                (1)  pass a required written examination; or
20-24                (2)  submit a properly completed license application.
20-25          (f)  Instead of or in addition to taking disciplinary action
20-26    under this section, the department may order that a license holder
 21-1    who is currently afflicted with a disability be placed on
 21-2    disability probation under the terms and conditions specified under
 21-3    Article 21.15-6 of this code and department rules.
 21-4          (g)  Subsections (c)-(f) of this section do not apply to a
 21-5    person who is licensed under, or holds a certificate of authority
 21-6    issued under, Chapter 9 of this code.  [The commissioner shall
 21-7    prescribe procedures by which all decisions to deny, suspend, or
 21-8    revoke a license, or to refuse to renew a license, are made by or
 21-9    are appealable to the commissioner.]
21-10          SECTION 1.06.  Article 21.01-2, Insurance Code, is amended by
21-11    adding Sections 4A, 5A, and 6A to read as follows:
21-12          Sec. 4A.  JUDICIAL REVIEW.  A license applicant or license
21-13    holder may appeal as provided by Article 1.04 of this code if:
21-14                (1)  the commissioner:
21-15                      (A)  refuses an application for a license as
21-16    provided by this article; or
21-17                      (B)  suspends, revokes, or refuses to renew a
21-18    license at a hearing as provided by this article; or
21-19                (2)  the applicant or license holder is dissatisfied
21-20    with another action of the commissioner.
21-21          Sec. 5A.  AUTOMATIC FINES.  (a)  To expedite the department's
21-22    processing of certain violations of this code, the commissioner may
21-23    establish by rule monetary fines for certain violations.
21-24    Violations for which the fines may be assessed include a failure
21-25    to:
21-26                (1)  obtain the total number of continuing education
 22-1    hours before the  renewal date of the license;
 22-2                (2)  timely report a change of address to the
 22-3    department; or
 22-4                (3)  notify the department of an administrative action
 22-5    taken against the agent by another state's insurance regulator.
 22-6          (b)  This section may not be construed to limit the
 22-7    department's authority to take any other disciplinary action
 22-8    against a license holder as provided under another provision of
 22-9    this code.
22-10          (c)  If a person disputes the assessment of a fine under this
22-11    section, the matter is a contested case subject to Chapter 2001,
22-12    Government Code.
22-13          Sec. 6A.  ENFORCEMENT OF SUBCHAPTER.  The attorney general, a
22-14    district or county attorney, or the department acting through the
22-15    commissioner may institute an injunction proceeding or any other
22-16    proceeding to enforce this subchapter and to enjoin any person,
22-17    firm, corporation, or bank from engaging or attempting to engage in
22-18    the business of insurance in violation of this code or any other
22-19    insurance law of this state.  The provisions of this section are
22-20    cumulative of the other penalties or remedies provided by this
22-21    article.
22-22          SECTION 1.07.  Article 21.04, Insurance Code, is amended to
22-23    read as follows:
22-24          Art. 21.04.  LICENSE HOLDER [SOLICITOR] DEEMED COMPANY'S
22-25    AGENT.  Any person who solicits an application for life, accident,
22-26    or health insurance, or property or casualty insurance, shall, in
 23-1    any controversy between the insured or the insured's beneficiary
 23-2    and the company issuing any policy upon such application or between
 23-3    the insured or the insured's dependents and that company, be
 23-4    regarded as the agent of the company, and not the agent of the
 23-5    insured, but such agent shall not have the power to waive, change
 23-6    or alter any of the terms or conditions of the application or
 23-7    policy.
 23-8          SECTION 1.08.  Article 21.06, Insurance Code, is amended to
 23-9    read as follows:
23-10          Art. 21.06.  AUTHORITY TO APPOINT [CERTIFICATES FOR] AGENTS.
23-11    Each [such] foreign or domestic insurance company shall, by
23-12    resolution of its board of directors, designate an [some] officer
23-13    or agent who is empowered to appoint or employ its agents [or
23-14    solicitors] in this State, and such officer or agent shall promptly
23-15    notify the department [Board] in writing of the name, title, and
23-16    address of each person so appointed or employed.  The authority of
23-17    that designee to act on behalf of the insurance company continues
23-18    in force [Upon receipt of this notice, the Board shall issue to him
23-19    a certificate which shall include a copy of the certificate of
23-20    authority authorizing the company requesting it to do business in
23-21    this State, and the name and title of the person to whom the
23-22    certificate is issued.  Such certificate], unless sooner revoked by
23-23    the commissioner [Board] for cause or cancelled at the request of
23-24    the insurance company [employing the holder thereof, shall continue
23-25    in force until the first day of March next after its issuance, and
23-26    must be renewed annually].
 24-1          SECTION 1.09.  Section 1, Article 21.07, Insurance Code, is
 24-2    amended to read as follows:
 24-3          Sec. 1.  APPLICABILITY OF ARTICLE [ACT].  (a)  No person[,
 24-4    corporation, or bank] shall act as an agent of any insurance
 24-5    company, health maintenance organization, or [(i) local mutual aid
 24-6    association, (ii) local mutual burial association, (iii) statewide
 24-7    mutual assessment corporation, (iv) stipulated premium company,
 24-8    (v) county mutual insurance company, (vi) casualty company writing
 24-9    accident and health insurance, or (vii) any] other type of
24-10    insurance carrier licensed to do business in the State of Texas and
24-11    which insurance carrier's agents are required to be licensed under
24-12    the provisions of this subchapter [Article, on the date that this
24-13    Act shall become effective,] unless that person [individual or
24-14    entity] shall have first procured a license from the department as
24-15    [in this Article is] provided by this subchapter, and no such
24-16    insurance carrier shall appoint any person[, corporation, or bank]
24-17    to act as its agent unless such person[, corporation, or bank]
24-18    shall have obtained a license under the provisions of this
24-19    subchapter [Article], and no such person[, corporation, or bank]
24-20    who obtains a license shall engage in business as an agent until
24-21    that person [individual or entity] shall have been appointed to act
24-22    as an agent by some duly authorized insurance carrier designated by
24-23    the provisions of this code [Article] and authorized to do business
24-24    in the State of Texas.  [Any person, corporation, or bank desiring
24-25    to act as an agent of any insurance carrier licensed to do business
24-26    in the State of Texas and writing health and accident insurance may
 25-1    obtain a separate license as an agent to write health and accident
 25-2    insurance provided such person, corporation, or bank complies with
 25-3    the provisions of this Article and has been appointed to act as an
 25-4    agent by some duly authorized insurance carrier authorized to do
 25-5    health and accident insurance business in the State of Texas.]
 25-6          (b)  The provisions of this subchapter do not apply to:
 25-7                (1)  an actual full-time home office salaried employee
 25-8    of an insurance carrier licensed to do business in this state,
 25-9    other than an employee who solicits or receives an application for
25-10    the sale of insurance through an oral, written, or electronic
25-11    communication in accordance with Article 21.14 of this code;
25-12                (2)  an actual attorney in fact or the actual traveling
25-13    salaried representative of a reciprocal exchange or interinsurance
25-14    exchange admitted to do business in this state as to business
25-15    transacted through the attorney in fact or salaried representative;
25-16                (3)  the actual attorney in fact for a Lloyd's
25-17    association;
25-18                (4)  the group motor vehicle insurance business or the
25-19    group motor vehicle department of companies engaged in that
25-20    business; or
25-21                (5)  a salaried employee who is not involved in the
25-22    solicitation or negotiation of insurance in the office of a
25-23    licensed agent who devotes the employee's full time to clerical and
25-24    administrative services, including the incidental taking of
25-25    information from customers and receipt of premiums in the office of
25-26    a licensed agent, if the employee does not receive any commissions
 26-1    and the employee's compensation is not varied by the volume of
 26-2    premiums taken and received.  [No insurer or licensed insurance
 26-3    agent doing business in this State shall pay directly or indirectly
 26-4    any commission, or other valuable consideration, to any person,
 26-5    corporation, or bank for services as an insurance agent within this
 26-6    State, unless such person, corporation, or bank shall hold a
 26-7    currently valid license to act as an insurance agent as required by
 26-8    the laws of this State; nor shall any person, corporation, or bank
 26-9    other than a duly licensed insurance agent, accept any such
26-10    commission or other valuable consideration; provided, however, that
26-11    the provisions of this Section shall not prevent the payment or
26-12    receipt of renewal or other deferred commissions to or by any
26-13    person solely because such person, corporation, or bank has ceased
26-14    to hold a license to act as an insurance agent.]
26-15          [(c)  A person who has had a license revoked under Section 10
26-16    of this Article may not solicit or otherwise transact business
26-17    under Chapter 10 of this code.]
26-18          SECTION 1.10.  Section 1A, Article 21.07, Insurance Code, is
26-19    amended to read as follows:
26-20          Sec. 1A.  DEFINITIONS.  Unless the context clearly indicates
26-21    otherwise, in [In] this subchapter:
26-22                (1)  "Agent" means a person who is an authorized agent
26-23    of an insurance company or health maintenance organization, any
26-24    person who is a sub-agent of an agent, and any other person who
26-25    performs the acts of an agent, whether through an oral, written, or
26-26    electronic communication or otherwise, in the solicitation of,
 27-1    negotiation for, procurement of, or collection of premiums on an
 27-2    insurance or annuity contract, or who represents or purports to
 27-3    represent a health maintenance organization, including a health
 27-4    maintenance organization offering only a single health care service
 27-5    plan, in the solicitation of, negotiation for, procurement of, or
 27-6    effectuation of membership in the health maintenance organization.
 27-7    The term does not include:
 27-8                      (A)  a regular salaried officer or employee of an
 27-9    insurance company, health maintenance organization, or insurance
27-10    agent who:
27-11                            (i)  devotes substantially all of the
27-12    officer's or employee's time to activities other than the
27-13    solicitation of applications for insurance, annuity contracts, or
27-14    memberships;
27-15                            (ii)  does not receive a commission or
27-16    other compensation directly dependent on the business obtained; and
27-17                            (iii)  does not solicit or accept from the
27-18    public applications for insurance, annuity contracts, or
27-19    memberships;
27-20                      (B)  an employer or an employer's officers or
27-21    employees or the trustees of an employee benefit plan, to the
27-22    extent that those employers, officers, employees, or trustees are
27-23    engaged in the administration or operation of any program of
27-24    employee benefits involving the use of insurance or annuities
27-25    issued by an insurance company or memberships issued by a health
27-26    maintenance organization, if those employers, officers, employees,
 28-1    or trustees are not  compensated, directly or indirectly, by the
 28-2    insurance company or health maintenance organization issuing the
 28-3    insurance or annuity contracts or memberships;
 28-4                      (C)  except as otherwise provided by this code, a
 28-5    bank, a savings and loan association, or a credit union, or the
 28-6    officers and employees of banks, savings and loan associations, or
 28-7    credit unions, to the extent that those banks, savings and loan
 28-8    associations, credit unions, or officers and employees collect and
 28-9    remit premiums or charges by charging those premiums or charges
28-10    against accounts of depositors on the orders of those depositors;
28-11    or
28-12                      (D)  a person or the employee of a person who has
28-13    contracted to provide administrative, management, or health care
28-14    services to a health maintenance organization and who is
28-15    compensated for those services by the payment of an amount computed
28-16    as a percentage of the revenues, net income, or profit of the
28-17    health maintenance organization, if that method of compensation is
28-18    the sole basis for subjecting that person or the employee of the
28-19    person to this article.
28-20                (2)  "Bank" means:
28-21                      (A)  a national banking association organized and
28-22    existing under the National Bank Acts (12 U.S.C. Section 21 et
28-23    seq.);
28-24                      (B)  a state bank organized and existing under
28-25    Subtitle A, Title 3, Finance Code;
28-26                      (C)  a state savings bank organized under or
 29-1    subject to Subtitle C, Title 3, Finance Code;
 29-2                      (D)  a bank branch;
 29-3                      (E)  a bank operating subsidiary, as defined by
 29-4    state or federal law;
 29-5                      (F)  a savings and loan association organized and
 29-6    existing under Subtitle B, Title 3, Finance Code; or
 29-7                      (G)  a federal savings and loan association or
 29-8    federal savings bank.
 29-9                (3)  "Control" means the power to direct or cause the
29-10    direction of the management and policies of a license holder,
29-11    whether directly or indirectly.  For the purposes of this
29-12    subchapter, a person is considered to control:
29-13                      (A)  a corporate license holder if the person,
29-14    individually or acting with others, directly or indirectly, holds
29-15    with the power to vote, owns, or controls, or holds proxies
29-16    representing, at least 10 percent of the voting stock or voting
29-17    rights of the corporate license holder; or
29-18                      (B)  a partnership if the person through a right
29-19    to vote or through any other right or power exercises rights in the
29-20    management, direction, or conduct of the business of the
29-21    partnership.
29-22                (4)  "Corporation" means a legal entity that is
29-23    organized under the business corporations laws or limited liability
29-24    company laws of this state, another state, or a territory of the
29-25    United States and that has as one of its purposes the authority to
29-26    act as an insurance agent.  The licensing and regulation of a
 30-1    limited liability company is subject to all provisions of this
 30-2    subchapter that apply to a corporation licensed under this
 30-3    subchapter.
 30-4                (5)  "Individual" means  a natural person.  The term
 30-5    includes a resident or a nonresident of this state.
 30-6                (6)  "Insurance company," "insurance carrier," or
 30-7    "insurer" means an insurance company regulated by the department.
 30-8    The term includes:
 30-9                      (A)  any domestic or foreign, stock and mutual,
30-10    life, health, or accident insurance company;
30-11                      (B)  any domestic or foreign, stock and mutual,
30-12    fire and casualty insurance company;
30-13                      (C)  a Mexican casualty company;
30-14                      (D)  a domestic or foreign Lloyd's plan insurer;
30-15                      (E)  a domestic or foreign reciprocal or
30-16    interinsurance exchange;
30-17                      (F)  a domestic or foreign fraternal benefit
30-18    society;
30-19                      (G)  a stipulated premium insurance company;
30-20                      (H)  a nonprofit or for-profit legal service
30-21    corporation;
30-22                      (I)  a statewide mutual assessment company;
30-23                      (J)  a local mutual aid association;
30-24                      (K)  a local mutual burial association;
30-25                      (L)  an exempt association under Article 14.17 of
30-26    this code;
 31-1                      (M)  a nonprofit hospital, medical, or dental
 31-2    service corporation, including a company subject to Chapter 20 of
 31-3    this code;
 31-4                      (N)  a health maintenance organization;
 31-5                      (O)  a county mutual insurance company; or
 31-6                      (P)  a farm mutual insurance company.
 31-7                (7)  "Partnership" means an association of two or more
 31-8    persons organized under the partnership laws or limited liability
 31-9    partnership laws of this state, another state,  or a territory of
31-10    the United States.  The term includes a  general partnership,
31-11    limited partnership, limited liability partnership, and limited
31-12    liability limited partnership.
31-13                (8)  "Person" means an individual, partnership,
31-14    corporation, or bank.
31-15                (9)  "Sub-agent" means  any person, other than a
31-16    regular salaried officer or employee of an insurance company,
31-17    insurance carrier, or health maintenance organization, or of an
31-18    agent, engaging in activities described under Subdivision (1) of
31-19    this section who acts for or on behalf of an agent, whether through
31-20    an oral, written, or electronic communication or otherwise, in the
31-21    solicitation of, negotiation for, or procurement of an insurance or
31-22    annuity contract or health maintenance organization membership, or
31-23    the collection of premiums or charges on an insurance or annuity
31-24    contract or health maintenance organization membership, whether or
31-25    not the sub-agent is designated by the agent as a sub-agent or by
31-26    any other title.  A sub-agent is an agent, for all purposes of this
 32-1    subchapter, and wherever the term "agent" is used in this chapter,
 32-2    it includes sub-agents whether or not a sub-agent is specifically
 32-3    mentioned.  A sub-agent must hold at least one of the licenses
 32-4    issued to the agent for whom the sub-agent acts, but is not
 32-5    required to hold each of those licenses.  However, the sub-agent
 32-6    must be properly licensed to write each type of insurance that the
 32-7    sub-agent is employed to write [Article, "person" means an
 32-8    individual or a general partnership composed of two or more
 32-9    individuals or a limited liability partnership registered with the
32-10    Secretary of State under Section 3.08, Texas Revised Partnership
32-11    Act (Article 6132b-3.08, Vernon's Texas Civil Statutes).  The term
32-12    "partnership" or "agency partnership" as used in this Article means
32-13    a general partnership or a registered limited liability
32-14    partnership].
32-15          SECTION 1.11.  Section 2, Article 21.07, Insurance Code, is
32-16    amended to read as follows:
32-17          Sec. 2.  APPLICATION FOR LICENSE; TO WHOM LICENSE MAY BE
32-18    ISSUED.  (a)  Any person[, corporation, or bank] that desires to
32-19    become an agent for an [a local mutual aid association, a local
32-20    mutual burial association, a statewide mutual assessment
32-21    corporation, a stipulated premium company, a county mutual]
32-22    insurance company or health maintenance organization[, a casualty
32-23    company writing accident and health insurance, or any other type of
32-24    insurance carrier licensed to do business in the State of Texas],
32-25    the agents of which are required to be licensed under this
32-26    subchapter [Article], shall submit to the department an application
 33-1    for a license in the form required by the department.
 33-2          (b)  Each applicant for a  license to act as an insurance
 33-3    agent in this state shall file with the commissioner a completed
 33-4    application on forms developed by the department.  The commissioner
 33-5    shall establish by rule the requirements for a properly completed
 33-6    application.
 33-7          (c)  The commissioner may not grant a license as an insurance
 33-8    agent to write any form of insurance unless the department finds
 33-9    that:
33-10                (1)  the applicant is or intends to be actively engaged
33-11    in the soliciting or writing of insurance for the public generally
33-12    and is to be actively engaged in the business of insurance; and
33-13                (2)  the application is not made to evade the laws
33-14    against rebating and discrimination, either for the applicant or
33-15    for some other person.
33-16          (d)  This section does not prohibit an applicant insuring
33-17    property that the applicant owns or in which the applicant has an
33-18    interest, but it is the intent of this section to prohibit coercion
33-19    of insurance and to preserve to each individual the right to choose
33-20    that individual's own agent or insurance company, and to prohibit
33-21    the licensing of a person to engage in the insurance business
33-22    principally to handle business that the applicant controls only
33-23    through ownership, mortgage or sale, family relationship, or
33-24    employment.  An applicant for an original license must have a bona
33-25    fide intention to engage in business in which, in any calendar
33-26    year, at least 25 percent of the total volume of premiums is
 34-1    derived from persons other than the applicant and from property
 34-2    other than that on which the applicant controls the placing of
 34-3    insurance through ownership, mortgage, sale, family relationship,
 34-4    or employment.
 34-5          (e)  The department may not deny a license application solely
 34-6    on the ground that the applicant will act only part-time as an
 34-7    agent.
 34-8          (f)  The [application must bear a signed endorsement by an
 34-9    officer or properly authorized representative of the insurance
34-10    carrier that the individual applicant or each member of the
34-11    partnership or each officer, director, and shareholder of the
34-12    corporation or the responsible officer and employee of the bank is
34-13    qualified to hold that individual or the partnership, the
34-14    corporation, or the bank out in good faith to the general public as
34-15    an insurance agent, and that the insurance carrier desires that the
34-16    applicant act as an insurance agent to represent it in this State.]
34-17          [(c)  The] department shall issue a license to an individual
34-18    to engage [or to a general partnership engaging] in the business of
34-19    insurance if the department finds that the individual:
34-20                (1)  is at least 18 years of age;
34-21                (2)  has passed the applicable licensing examination
34-22    required under Article 21.01-1 of this code within the past 12
34-23    months;
34-24                (3)  has not committed an act for which a license may
34-25    be denied under Article 21.01-2 of this code; and
34-26                (4)  has submitted the application, appropriate fees,
 35-1    and any other information required by the department.
 35-2          (g)  An individual engaging in the business of insurance as a
 35-3    sole proprietorship under the authority of a license issued under
 35-4    this subchapter may incorporate, but the corporation does not have
 35-5    greater license authority than that granted to the license holder
 35-6    in the holder's individual capacity.
 35-7          (h)  Each individual license holder shall notify the
 35-8    department on a monthly basis of:
 35-9                (1)  a change of the license holder's mailing address;
35-10                (2)  a conviction of the license holder of a felony; or
35-11                (3)  an administrative action taken against the license
35-12    holder by the insurance regulator of another state [partner in the
35-13    partnership must be licensed individually as an agent under this
35-14    Article].
35-15          (i) [(d)]  The department shall issue a license to a
35-16    corporation or partnership if the department finds that:
35-17                (1)  [That] the corporation or partnership is:
35-18                      (A)  organized under the laws of this state or
35-19    any other state or territory of the United States;
35-20                      (B)  admitted to conduct business in this state
35-21    by the secretary of state, if so required; and
35-22                      (C)  authorized by its articles of incorporation
35-23    or its partnership agreement to act as an insurance agent [a Texas
35-24    corporation organized or existing under the Texas Business
35-25    Corporation Act or the Texas Professional Corporation Act (Article
35-26    1528e, Vernon's Texas Civil Statutes) having its principal place of
 36-1    business in the State of Texas and having as one of its purposes
 36-2    the authority to act as an agent covered by this Article];
 36-3                (2)  the corporation or partnership meets the
 36-4    definition of that entity adopted under Section 1A of this article;
 36-5    [That every officer, director, and shareholder of the corporation
 36-6    is individually licensed under the provisions of this Article, or
 36-7    that every officer and director of the corporation is individually
 36-8    licensed under this Article, that the corporation is a wholly owned
 36-9    subsidiary of a parent corporation that is licensed under this
36-10    Article, and that every shareholder of the parent corporation is
36-11    individually licensed under this Article; and]
36-12                (3)  at least one officer of the corporation or one
36-13    active partner of the partnership and all other persons performing
36-14    any acts of an agent on behalf of the corporation or partnership in
36-15    this state are individually licensed by the department separately
36-16    from the corporation or partnership;
36-17                (4)  the [That such] corporation or partnership will
36-18    have the ability to pay any sums up to $25,000 which it might
36-19    become legally obligated to pay on account of any claim made
36-20    against it by any customer and caused by any negligent act, error,
36-21    or omission of the corporation or partnership or any person for
36-22    whose acts the corporation or partnership is legally liable in the
36-23    conduct of its business under this code [Article].  The term
36-24    "customer" means any person, firm, or corporation to whom such
36-25    corporation or partnership sells or attempts to sell a policy of
36-26    insurance, or from whom such corporation or partnership accepts an
 37-1    application for insurance.  Such ability shall be maintained
 37-2    [proven] in one of the following ways:
 37-3                      (A)  an errors and omissions policy insuring such
 37-4    corporation or partnership against errors and omissions in at least
 37-5    the sum of $250,000 [$100,000] with [no more than] a [$10,000]
 37-6    deductible of not more than 10 percent of the face amount of the
 37-7    policy [feature] issued by an insurance company licensed to do
 37-8    business in this state [the State of Texas] or, if a policy cannot
 37-9    be obtained from a company licensed to do business in this state
37-10    [Texas], through a properly obtained surplus lines policy [issued
37-11    by a company not licensed to do business in Texas on filing an
37-12    affidavit with the department stating the inability to obtain
37-13    coverage and receiving the commissioner's approval]; or
37-14                      (B)  a bond executed by such corporation or
37-15    partnership as principal and a surety company authorized to do
37-16    business in this state [State], as surety, in the principal sum of
37-17    $25,000, payable to the department for the use and benefit of
37-18    customers of such corporation or partnership, conditioned that such
37-19    corporation or partnership shall pay any final judgment recovered
37-20    against it by any customer[; or]
37-21                      [(C)  a deposit of cash or securities of the
37-22    class authorized by Articles 2.08 and 2.10, Insurance Code, as
37-23    amended, having a fair market value of $25,000 with the
37-24    comptroller.  The comptroller is directed to accept and receive
37-25    such deposit and hold it exclusively for the protection of any
37-26    customer of such corporation recovering a final judgment against
 38-1    such corporation.  Such deposit may be withdrawn only upon filing
 38-2    with the department evidence satisfactory to it that the
 38-3    corporation has withdrawn from business and has no unsecured
 38-4    liabilities outstanding, or that such corporation has provided for
 38-5    the protection of its customers by furnishing an errors and
 38-6    omissions policy or a bond as provided.  Securities so deposited
 38-7    may be exchanged from time to time for other qualified securities].
 38-8    A binding commitment to issue such a policy or bond[, or the tender
 38-9    of such securities,] shall be sufficient in connection with any
38-10    application for license;
38-11                (5)  the corporation or partnership intends to be
38-12    actively engaged in the business of insurance as required under
38-13    Subsection (c) of this section;
38-14                (6)  each location from which the corporation or
38-15    partnership will conduct its Texas business under authority of an
38-16    insurance license is separately registered with the department;
38-17                (7)  the corporation or partnership has submitted the
38-18    application, appropriate fees, and any other information required
38-19    by the department; and
38-20                (8)  an officer, director, member, manager, partner, or
38-21    any other person who has the right or ability to control the
38-22    license holder has not:
38-23                      (A)  had a license suspended or revoked or been
38-24    the subject of any other disciplinary action by the insurance
38-25    regulator of this or any other state; or
38-26                      (B)  committed an act for which a license may be
 39-1    denied under Article 21.01-2 of this code.
 39-2          (j)  Nothing contained in this section [herein] shall be
 39-3    construed to permit any unlicensed employee or agent of any
 39-4    corporation or partnership to perform any act of an agent under
 39-5    this subchapter [Article] without obtaining a license.
 39-6          (k)  [If at any time, any corporation holding an agent's
 39-7    license does not maintain the qualifications necessary to obtain a
 39-8    license, the license of such corporation to act as an agent shall
 39-9    be cancelled or denied in accordance with the provisions of
39-10    Sections 10 and 11 of this Article; provided, however, that should
39-11    any person who is not a licensed agent under this Article acquire
39-12    shares in such a corporation by devise or descent, that person
39-13    shall have a period of 90 days from date of acquisition within
39-14    which to obtain a license or to dispose of the shares to a person
39-15    licensed under this Article.]
39-16          [Should such an unlicensed person acquire shares in a
39-17    corporation and not dispose of them within a period of 90 days to a
39-18    licensed agent, then they must be purchased by the corporation for
39-19    their book value, that is, the value of said shares of stock as
39-20    reflected by the regular books and records of said corporation, as
39-21    of the date of the acquisition of said shares by said unlicensed
39-22    person.  Should the corporation fail or refuse to so purchase such
39-23    shares, its license shall be cancelled.]
39-24          [Any such corporation shall have the power to redeem the
39-25    shares of any shareholder, or the shares of a deceased shareholder,
39-26    upon such terms as may be agreed upon by the board of directors and
 40-1    such shareholder or such shareholder's personal representative, or
 40-2    at a price and upon such terms as may be provided in the articles
 40-3    of incorporation, the bylaws, or an existing contract entered into
 40-4    between the shareholders of the corporation.]
 40-5          Each corporation or partnership licensed as an agent under
 40-6    this subchapter [Article] shall file, under oath, on a form
 40-7    developed by the department, biographical information for each [a
 40-8    list of the names and addresses of all] of its executive officers
 40-9    and[,] directors or unlicensed partners who administer the entity's
40-10    operations in this state, and shareholders who are in control of
40-11    the corporation, or any other partners who have the right or
40-12    ability to control the partnership.  If any corporation or
40-13    partnership is owned, in whole or in part, by another entity, a
40-14    biographical form is required for each individual who is in control
40-15    of the parent entity[, and shareholders with its application for
40-16    renewal license].
40-17          (l)  Each corporation or partnership shall notify the
40-18    department on a monthly basis of:
40-19                (1)  the addition or removal of licensed agents
40-20    employed by the corporation or partnership to perform any act of an
40-21    agent in this state;
40-22                (2)  a felony conviction of a licensed agent of the
40-23    entity or any individual associated with the corporation or
40-24    partnership who is required to file biographical information with
40-25    the department;
40-26                (3)  an event that would require notification under
 41-1    Article 1.30 of this code; and
 41-2                (4)  the addition or removal of an officer, director,
 41-3    partner, member, or manager.
 41-4          (m)  The department shall issue a license to a bank in the
 41-5    manner provided for the licensing of a corporation under this
 41-6    section.
 41-7          (n)  A person may not acquire in any manner any ownership
 41-8    interest in an entity licensed as an agent under this subchapter if
 41-9    the person is, or after the acquisition would be, directly or
41-10    indirectly, in control of the license holder, or otherwise acquire
41-11    control of or exercise any control over the license holder, unless
41-12    the person has filed the following information with the department
41-13    under oath:
41-14                (1)  a biographical form for each person by whom or on
41-15    whose behalf the acquisition of control is to be effected;
41-16                (2)  a statement certifying that no person who is
41-17    acquiring an ownership interest in or control of the license holder
41-18    has been the subject of a disciplinary action taken by any state
41-19    insurance regulator;
41-20                (3)  a statement certifying that, immediately on the
41-21    change of control, the license holder will be able to satisfy the
41-22    requirements for the issuance of the license to solicit the line or
41-23    lines of insurance for which it is licensed; and
41-24                (4)  any additional information that the commissioner
41-25    may by rule prescribe as necessary or appropriate to the protection
41-26    of the insurance consumers of this state or as in the public
 42-1    interest.
 42-2          (o)  If a person required to file a statement under
 42-3    Subsection (n) of this section is a partnership, limited
 42-4    partnership, syndicate, or other group, the commissioner may
 42-5    require that the information required by Subdivisions (1)-(4) of
 42-6    that subsection for an individual be provided regarding each
 42-7    partner of the partnership or limited partnership, each member of
 42-8    the syndicate or group, and each person who controls the partner or
 42-9    member.  If the partner, member, or person is a corporation or the
42-10    person required to file the statement under Subsection (n) of this
42-11    section is a corporation, the commissioner may require that the
42-12    information required by Subdivisions (1)-(4) of that subsection be
42-13    provided regarding:
42-14                (1)  the corporation;
42-15                (2)  each individual who is an executive officer or
42-16    director of the corporation; and
42-17                (3)  each person who is directly or indirectly the
42-18    beneficial owner of more than 10 percent of the outstanding voting
42-19    securities of the corporation.
42-20          (p)  The department may disapprove an acquisition of control
42-21    if, after notice and opportunity for hearing, the commissioner
42-22    determines that:
42-23                (1)  immediately on the change of control the license
42-24    holder would not be able to satisfy the requirements for the
42-25    issuance of the license to solicit the line or lines of insurance
42-26    for which it is presently licensed;
 43-1                (2)  the competence, trustworthiness, experience, and
 43-2    integrity of the persons who would control the operation of the
 43-3    license holder are such that it would not be in the interest of the
 43-4    insurance consumers of this state to permit the acquisition of
 43-5    control; or
 43-6                (3)  the acquisition of control would violate this code
 43-7    or another law of this state, another state, or the United States.
 43-8          (q)  Notwithstanding Subsection (o) of this section, a change
 43-9    in control is considered approved if the department has not
43-10    proposed to deny the requested change before the 91st day after the
43-11    date of receipt by the department of all information required by
43-12    this section.
43-13          (r)  The commissioner shall be the corporation's or
43-14    partnership's attorney for service of process on whom all lawful
43-15    process, notice, or demand may be served in any legal proceeding
43-16    against the corporation or partnership if:
43-17                (1)  the corporation or partnership licensed to
43-18    transact business in this state fails to appoint or maintain an
43-19    attorney for service in this state;
43-20                (2)  an attorney for service cannot with reasonable
43-21    diligence be found; or
43-22                (3)  the license of a corporation or partnership is
43-23    revoked.
43-24          (s)  If a license holder does not maintain the qualifications
43-25    necessary to obtain the license, the department shall revoke or
43-26    suspend the license or deny the renewal of the license in
 44-1    accordance with Article 21.01-2 of this code.
 44-2          (t)  A person licensed under this subchapter shall maintain
 44-3    all insurance records, including all records relating to customer
 44-4    complaints, separate from the records of any other business in
 44-5    which the person may be engaged.
 44-6          [Each corporation shall notify the department upon any change
 44-7    in its officers, directors, or shareholders not later than the 30th
 44-8    day after the date on which the change becomes effective.]
 44-9          [Except as provided by Subdivision (2) of this subsection, a
44-10    corporation may not own any interest in another corporation
44-11    licensed under this Article, and each owner of an interest in a
44-12    corporation licensed under this Article shall be a natural person
44-13    who holds a valid license issued under this Article.]
44-14          [(e)  The department shall issue a license to a bank if the
44-15    department finds that:]
44-16                [(1)  the bank satisfies the definition of Section 1C
44-17    of this Article;]
44-18                [(2)  at least one officer of the bank and each
44-19    individual who will be performing any acts as an agent for the bank
44-20    are individually licensed under this Article; and]
44-21                [(3)  the bank will have the ability to pay any sums up
44-22    to $25,000 that it might become legally obligated to pay on account
44-23    of any claim made against it by a customer and caused by a
44-24    negligent act, error, or omission of the bank or any person for
44-25    whose acts the bank is legally liable in the conduct of its
44-26    business under this Article.  The term "customer" means any person,
 45-1    firm, or corporation to whom the bank sells or attempts to sell a
 45-2    policy of insurance or from whom the bank accepts an application
 45-3    for insurance.  That ability shall be proven through:]
 45-4                      [(A)  an errors and omissions policy insuring the
 45-5    bank against errors and omissions in at least the sum of $100,000
 45-6    with not more than a $10,000 deductible feature, issued by an
 45-7    insurance company licensed to do business in this state or, if a
 45-8    policy cannot be obtained from a company licensed to do business in
 45-9    this state, a policy issued by a company not licensed to do
45-10    business in this state on filing an affidavit with the department
45-11    stating the inability to obtain coverage and receiving the
45-12    department's approval;]
45-13                      [(B)  a bond executed by the bank as principal
45-14    and a surety company authorized to do business in this state, as
45-15    surety, in the principal sum of $25,000, payable to the department
45-16    for the use and benefit of customers of the bank, conditioned that
45-17    the bank shall pay any final judgment recovered against it by a
45-18    customer; or]
45-19                      [(C)  a deposit with the comptroller of cash or
45-20    securities of the class authorized by Articles 2.08 and 2.10 of
45-21    this code, with a fair market value of $25,000.  The comptroller
45-22    shall accept and receive the deposit and hold it exclusively for
45-23    the protection of a customer of the bank who recovers a final
45-24    judgment against the bank.  The deposit may be withdrawn only on
45-25    filing with the department satisfactory evidence that the bank has
45-26    withdrawn from the business of insurance and has no unsecured
 46-1    liabilities outstanding or that the bank has provided for the
 46-2    protection of its customers by furnishing an errors and omissions
 46-3    policy or a bond as provided by this subdivision.  Securities so
 46-4    deposited may be exchanged from time to time for other qualified
 46-5    securities.]
 46-6          [A binding commitment to issue such a policy or bond, or the
 46-7    tender of applicable securities, is sufficient in connection with
 46-8    an application for license.]
 46-9          [Nothing in this subsection permits an unlicensed employee or
46-10    agent of a bank to perform any act of an agent under this Article
46-11    without obtaining a license.]
46-12          [A bank licensed as an agent under this Article may have
46-13    additional offices from which the business of insurance is
46-14    conducted only in a place with a population of 5,000 or less and
46-15    must comply with the department's regulations regarding additional
46-16    offices.]
46-17          [A bank licensed as an agent under this Article must maintain
46-18    the insurance records of the bank, including all files relating to
46-19    customer complaints, separate from records relating to the banking
46-20    transactions of the bank.]
46-21          [If at any time, a bank that holds an agent's license does
46-22    not maintain the qualifications necessary to obtain a license, the
46-23    license of that bank to act as an agent shall be canceled or denied
46-24    in accordance with Sections 10 and 11 of this Article.]
46-25          [Each bank licensed as an agent under this Article shall file
46-26    under oath with its application for license renewal a list of the
 47-1    name and address of each individual who will be acting as an agent
 47-2    on behalf of the bank and of each officer and director of the bank,
 47-3    as defined by Article 21.02 of this code, and other biographical
 47-4    information as required by the department.]
 47-5          [Each bank shall notify the department of any change in its
 47-6    officers and directors, and any change in other persons who will be
 47-7    acting as agents, as defined by Article 21.02 of this code, and
 47-8    submit biographical information on those officers, directors, and
 47-9    persons as required by the department not later than the 30th day
47-10    after the date on which the change takes effect.]
47-11          SECTION 1.12.  Article 21.07, Insurance Code, is amended by
47-12    adding Section 3A to read as follows:
47-13          Sec. 3A.  TEMPORARY LICENSE.  (a)  The department may issue a
47-14    temporary agent's license to an applicant for a license under
47-15    Section 2 of this article who is being considered for appointment
47-16    as an agent by another license holder, an insurer, or a health
47-17    maintenance organization.  An applicant for a temporary license is
47-18    not required to pass a written examination.  A temporary license is
47-19    valid for the 90 days after the date of issuance.  The department
47-20    shall issue a temporary license immediately on receipt by the
47-21    department of a properly completed application executed by the
47-22    person in the form required by Section 2 of this article,
47-23    accompanied by the nonrefundable filing fee set by the department
47-24    and a certificate signed by an officer or properly authorized
47-25    representative of the agent, insurer, or health maintenance
47-26    organization stating that:
 48-1                (1)  the applicant is being considered for appointment
 48-2    by the agent, insurer, or health maintenance organization as its
 48-3    full-time agent;
 48-4                (2)  the agent, insurer, or health maintenance
 48-5    organization desires that the applicant be issued a temporary
 48-6    license; and
 48-7                (3)  the applicant will complete, under the agent's,
 48-8    insurer's, or health maintenance organization's supervision, at
 48-9    least 40 hours of training as prescribed by Subsection (h) of this
48-10    section not later than the 14th day after the date on which the
48-11    application, certificate, and nonrefundable fee are delivered or
48-12    mailed to the department.
48-13          (b)  If the temporary license is not received from the
48-14    department before the eighth day after the date on which the
48-15    application, certificate, and nonrefundable fee are delivered or
48-16    mailed to the department and the agent, insurer, or health
48-17    maintenance organization has not been notified that the application
48-18    is denied, the agent, insurer, or health maintenance organization
48-19    may assume that the temporary license will be issued in due course
48-20    and the applicant may proceed to act as an agent.
48-21          (c)  A temporary license may not be renewed or issued more
48-22    than once in a consecutive six-month period to the same applicant.
48-23          (d)  A temporary license may not be granted to a person who
48-24    does not intend to apply for a license to sell insurance or
48-25    memberships to the public generally.
48-26          (e)  A temporary license may not be used to obtain
 49-1    commissions from sales made to persons who have family, employment,
 49-2    or business relationships with the temporary license holder.  An
 49-3    agent, insurer, or health maintenance organization may not
 49-4    knowingly pay, directly or indirectly, to the holder of a temporary
 49-5    license under this section, and a temporary license holder may not
 49-6    receive or accept, a commission on the sale of a contract of
 49-7    insurance or membership covering:
 49-8                (1)  the temporary license holder;
 49-9                (2)  a person related to the temporary license holder
49-10    by consanguinity or affinity;
49-11                (3)  a person who is or has been during the past six
49-12    months the temporary license holder's employer, either as an
49-13    individual or as a member of a partnership, association, firm, or
49-14    corporation; or
49-15                (4)  a person who is or who has been during the past
49-16    six months the employee of the temporary license holder.
49-17          (f)  A person who has been issued a temporary license under
49-18    this section and is acting under the authority of the temporary
49-19    license may not engage in any insurance solicitation, sale, or
49-20    other agency transaction that results in or is intended to result
49-21    in the replacement of any existing individual life insurance policy
49-22    form or annuity contract that is in force, or receive, directly or
49-23    indirectly, any commission or other compensation that may or does
49-24    result from such a solicitation, sale, or other agency transaction.
49-25    A person who holds a permanent license may not circumvent or
49-26    attempt to circumvent the intent of this subsection by acting for
 50-1    or with a person holding a temporary license.  As used in this
 50-2    subsection, "replacement" means a transaction in which a new life
 50-3    insurance or annuity contract is to be purchased, and it is known
 50-4    or should be known to the temporary agent that by reason of the
 50-5    solicitation, sale, or other transaction the existing life
 50-6    insurance or annuity contract has been or is to be:
 50-7                (1)  lapsed, forfeited, surrendered, or otherwise
 50-8    terminated;
 50-9                (2)  converted to reduced paid-up insurance, continued
50-10    as extended term insurance, or otherwise reduced in value by the
50-11    use of nonforfeiture benefits or other policy values;
50-12                (3)  amended so as to effect either a reduction in
50-13    benefits or in the term for which coverage would otherwise remain
50-14    in force or for which benefits would be paid;
50-15                (4)  reissued with any reduction in cash value; or
50-16                (5)  pledged as collateral or subjected to borrowing,
50-17    whether in a single loan or under a schedule of borrowing over a
50-18    period of time, for amounts in the aggregate exceeding 25 percent
50-19    of the loan value set forth in the policy.
50-20          (g)  The department may cancel, suspend, or revoke the
50-21    temporary appointment powers of an agent, insurer, or health
50-22    maintenance organization if, after notice and opportunity for
50-23    hearing, the commissioner finds that that agent, insurer, or health
50-24    maintenance organization has abused the temporary appointment
50-25    powers.  An appeal from the department's decision is subject to
50-26    Article 1.04 of this code.  In considering whether abuse has
 51-1    occurred, the department may consider:
 51-2                (1)  the number of temporary appointments made;
 51-3                (2)  the percentage of appointees sitting for
 51-4    examination as agents under this article, as provided by Subsection
 51-5    (j) of this section; and
 51-6                (3)  the number of appointees who pass the examination.
 51-7          (h)  The agent, insurer, or health maintenance organization
 51-8    shall administer at least 40 hours of training to each applicant
 51-9    for a temporary license not later than the 14th day after the date
51-10    on which the application, certificate, and nonrefundable fee are
51-11    delivered or mailed to the department.  At least 10 hours must be
51-12    taught in a classroom setting, including an accredited college,
51-13    university, junior college, or community college, a business
51-14    school, or a private institute or classes sponsored by the agent,
51-15    insurer, or health maintenance organization and especially
51-16    established for this purpose.  The training program must be
51-17    designed to provide an applicant with basic knowledge of:
51-18                (1)  the broad principles of insurance, including the
51-19    licensing and regulatory laws of this state;
51-20                (2)  the broad principles of health maintenance
51-21    organizations, including membership requirements and related
51-22    licensing and regulatory laws of this state; and
51-23                (3)  the ethical obligations and duties of an agent.
51-24          (i)  If the commissioner finds under Subsection (g) of this
51-25    section that an abuse of temporary appointment powers has occurred,
51-26    the commissioner may require the affected agent, insurer, or health
 52-1    maintenance organization to file with the department a description
 52-2    of the agent's, insurer's, or health maintenance organization's
 52-3    training program and may require the agent, insurer, or health
 52-4    maintenance organization to obtain the approval of the department
 52-5    before continuing to use the training program.
 52-6          (j)  Each agent, insurer, or health maintenance organization
 52-7    shall ensure that, during any two consecutive calendar quarters, at
 52-8    least 70 percent of the agent's, insurer's, or health maintenance
 52-9    organization's applicants for temporary licenses sit for the
52-10    required licensing examination.  At least 50 percent of the
52-11    applicants taking the examination must pass during that period.
52-12          (k)  An agent, insurer, or health maintenance organization
52-13    may not make more than 250 appointments of temporary license
52-14    holders during a calendar year.
52-15          SECTION 1.13.  Section 6, Article 21.07, Insurance Code, is
52-16    amended to read as follows:
52-17          Sec. 6.  FILING OF [AGENT MAY BE LICENSED TO REPRESENT]
52-18    ADDITIONAL APPOINTMENTS [INSURERS].  (a)  Except as specifically
52-19    prohibited by another provision of this code, an [Any] agent
52-20    licensed under this subchapter [Article] may represent and act as
52-21    an agent for more than one insurance carrier at any time while the
52-22    agent's license is in force, if the agent so desires.  Any such
52-23    agent and the insurance carrier involved shall file with the
52-24    department [must give notice to the State Board of Insurance of]
52-25    any additional appointment [or appointments] authorizing the agent
52-26    to act as agent for an additional insurance carrier or carriers not
 53-1    later than the 30th day after the  effective date of the
 53-2    appointment.  The filing [Such notice] must include:
 53-3                (1)  [be accompanied by] a certificate from the [each]
 53-4    insurance carrier to be named in the [each] additional appointment
 53-5    that states[, and must state] that the [said] insurance company
 53-6    desires to appoint the applicant as its agent;
 53-7                (2)  [.  This notice shall also contain such] other
 53-8    information as the commissioner [State Board of Insurance] may
 53-9    require; and
53-10                (3)  [.  The agent shall be required to pay] a
53-11    nonrefundable fee in an amount [not to exceed $16 as] determined by
53-12    the commissioner [State Board of Insurance] for each additional
53-13    appointment for which the insurance carrier applies [applied for,
53-14    which fee shall accompany the notice.  If approval of the
53-15    additional appointment is not received from the State Board of
53-16    Insurance before the eighth day after the date on which the
53-17    completed application and fee were received by the Board, the agent
53-18    and the insurance carrier, in the absence of notice of disapproval,
53-19    may assume that the Board approves the application, and the agent
53-20    may act for the insurance carrier].
53-21          (b)  An appointment made under this Article to authorize an
53-22    agent to act as an agent for an insurance carrier continues in
53-23    effect without the necessity of renewal until it is terminated or
53-24    [and] withdrawn by the insurance carrier or agent.  If the agent is
53-25    terminated for cause, the insurance carrier shall follow the
53-26    procedures established under Section 6B of [as provided by this
 54-1    section or is otherwise terminated in accordance with] this
 54-2    Article.  Each renewal license issued to the agent authorizes the
 54-3    agent to represent and act for the insurance carriers for which the
 54-4    agent holds an appointment until the appointment is terminated or
 54-5    withdrawn, and that agent is considered to be the agent of the
 54-6    appointing insurance carriers for the purposes of this code
 54-7    [Article].
 54-8          (c)  An agent appointed under this section may act on behalf
 54-9    of the appointing carrier before the department receives the filing
54-10    made under this section.
54-11          (d)  A person acting as a sub-agent is not required to be
54-12    separately appointed by each insurance carrier that has appointed
54-13    the licensed person who has designated the sub-agent in writing to
54-14    the department.  Termination of the sub-agent by the licensed
54-15    person shall be reported promptly to the department and terminates
54-16    the sub-agent's authority to act for the licensed person and that
54-17    person's insurance carriers.
54-18          SECTION 1.14.  Article 21.07, Insurance Code, is amended by
54-19    adding Sections 6B, 6C, 6D, and 6E to read as follows:
54-20          Sec. 6B.  INSURANCE CARRIER TO NOTIFY DEPARTMENT OF
54-21    TERMINATION OF CONTRACT; COMMUNICATION PRIVILEGED.  (a)  Each
54-22    insurance carrier shall, on termination of the appointment of an
54-23    agent for cause, immediately file with the department a statement
54-24    of the facts relating  to the termination of the appointment and
54-25    the date and cause of the termination.  On receipt of the statement
54-26    the department shall record the termination of the appointment of
 55-1    that agent to represent the insurance carrier in this state.
 55-2          (b)  A document, record, statement, or other information
 55-3    required to be made or disclosed to the department under this
 55-4    section is a privileged and confidential communication and is not
 55-5    admissible in evidence in any court action or proceeding except
 55-6    under a subpoena issued by a court of record.
 55-7          (c)  An insurance carrier, an employee or agent of the
 55-8    carrier, or any other person, acting without malice, is not liable
 55-9    for providing the information required to be disclosed under this
55-10    section.
55-11          Sec. 6C.  FEES; USE OF FUNDS.  (a)  The department shall
55-12    collect from each agent of an insurance carrier writing insurance
55-13    in this state under this code a nonrefundable license fee and a
55-14    nonrefundable appointment fee for each appointment by an insurance
55-15    carrier.  These fees, together with examination fees, license fees,
55-16    and license renewal fees, shall be deposited to the credit of the
55-17    Texas Department of Insurance operating fund.
55-18          (b)  The department may use any portion of the fees collected
55-19    to enforce this subchapter, may employ persons as it considers
55-20    necessary to investigate and make reports regarding alleged
55-21    violations of this code and misconduct on the part of agents, and
55-22    may pay the salaries and expenses of those persons and office
55-23    employees and other expenses necessary to enforce this subchapter
55-24    from the fees collected.  A person employed by the department under
55-25    this section may administer the oath and examine under oath any
55-26    person considered necessary in gathering information and evidence
 56-1    and may have that information and evidence reduced to writing if
 56-2    considered necessary, and all such expenses shall be paid from the
 56-3    fees.
 56-4          (c)  The department shall set the fees in amounts reasonable
 56-5    and necessary to implement this subchapter.
 56-6          Sec. 6D.  DUPLICATE LICENSE FEE.  The department shall
 56-7    collect in advance from an agent requesting a duplicate license a
 56-8    fee in an amount set by the department.  The fee collected under
 56-9    this section shall be deposited to the credit of the Texas
56-10    Department of Insurance operating fund.
56-11          Sec. 6E.  REQUIREMENT TO APPOINT SUB-AGENT.  If a general
56-12    life, accident, and health agent or general property and casualty
56-13    agent who has been appointed by an insurance carrier that has a
56-14    permit to do business in this state desires to appoint a sub-agent
56-15    in the operation of an insurance business, the general agent shall
56-16    submit to the department in writing, in the form prescribed by the
56-17    department, notice of the sub-agent's appointment.  The notice must
56-18    be accompanied by a nonrefundable fee in an amount determined by
56-19    the commissioner.
56-20              ARTICLE 2.  LIFE, ACCIDENT, AND HEALTH LICENSES
56-21          SECTION 2.01.  Subchapter A, Chapter 21, Insurance Code, is
56-22    amended by adding Article 21.07-1 to read as follows:
56-23          Art. 21.07-1.  TEXAS LIFE, ACCIDENT, AND HEALTH AGENTS
56-24    LICENSE ACT
56-25          Sec. 1.  SHORT TITLE; APPLICATION.  (a)  This article may be
56-26    cited as the Texas Life, Accident, and Health Agents License Act.
 57-1          (b)  Each agent of an insurance company authorized to provide
 57-2    life, accident, and health insurance coverage in this state is
 57-3    subject to this article.  This article applies to each person who:
 57-4                (1)  performs the acts of an agent, as defined by
 57-5    Article 21.02 of this code, whether through oral, written, or
 57-6    electronic communications or otherwise, by the solicitation of,
 57-7    negotiation for, procurement of, or collection of premiums on an
 57-8    insurance or annuity contract offered by any type of insurance
 57-9    carrier authorized to sell life, accident, and health insurance
57-10    products in this state; or
57-11                (2)  represents or purports to represent a health
57-12    maintenance organization in the solicitation, negotiation,
57-13    procurement, or effectuation of membership in the health
57-14    maintenance organization.
57-15          Sec. 2.  GENERAL LIFE, ACCIDENT, AND HEALTH LICENSE; LICENSE
57-16    REQUIRED.  (a)  A general life, accident, and health license is
57-17    required for each person who acts as:
57-18                (1)  an agent writing life, accident, and health
57-19    insurance for a life insurance company;
57-20                (2)  an agent writing only accident and health
57-21    insurance;
57-22                (3)  an agent representing a health maintenance
57-23    organization;
57-24                (4)  an agent writing fixed or variable annuity
57-25    contracts or variable life contracts;
57-26                (5)  an industrial life insurance agent for an
 58-1    industrial company that writes only weekly premium life insurance
 58-2    on a debit basis under Article 3.52 of this code;
 58-3                (6)  an agent writing:
 58-4                      (A)  only life insurance in excess of $15,000 on
 58-5    any one life for a stipulated premium insurance company;
 58-6                      (B)  only accident and health insurance for a
 58-7    stipulated premium insurance company; or
 58-8                      (C)  both types of insurance described by
 58-9    Paragraphs (A) and (B) of this subdivision;
58-10                (7)  an agent writing life, accident, and health
58-11    insurance for any type of authorized life insurance company,
58-12    including a legal reserve life insurance company, domiciled in this
58-13    state, representing the insurer in a foreign country or territory
58-14    and either on a United States military installation or with United
58-15    States military personnel; or
58-16                (8)  an agent writing any other type of insurance as
58-17    required by the commissioner for the protection of the insurance
58-18    consumers of this state.
58-19          (b)  For the purposes of this subsection, a "combination
58-20    company" is an insurer that writes weekly premium life insurance or
58-21    monthly ordinary life insurance on a debit basis.  A general life,
58-22    accident, and health license is required for each person who acts
58-23    as a combination life insurance agent for a combination company.  A
58-24    combination company and a combination life insurance agent may also
58-25    write ordinary contracts of life insurance.
58-26          (c)  Except as otherwise provided by this subsection, a
 59-1    general life, accident, and health license is required for an agent
 59-2    writing life, accident, and health insurance for a fraternal
 59-3    benefit society under Chapter 10 of this code.  A license is not
 59-4    required for an agent, regularly salaried officer, employee,
 59-5    representative, or member of a fraternal benefit society who
 59-6    devotes less than 50 percent of the person's time to the
 59-7    solicitation or procurement of insurance contracts for the society.
 59-8    A person who, in the preceding calendar year, has solicited or
 59-9    procured the following amounts on any of the following contracts of
59-10    insurance on behalf of a fraternal benefit society is presumed to
59-11    have devoted 50 percent or more of the person's time to the
59-12    solicitation or procurement of insurance contracts:
59-13                (1)  life insurance contracts that generate, in the
59-14    aggregate, more than $20,000 of direct premium for all lives
59-15    insured for the preceding calendar year, if no interest-sensitive
59-16    life insurance certificate is solicited or procured with a face
59-17    amount of insurance that exceeds $35,000 unless the person has
59-18    obtained the designation of "Fraternal Insurance Counselor";
59-19                (2)  an insurance contract, other than a life insurance
59-20    contract, that the fraternal benefit society may write that insures
59-21    the individual lives of more than 25 persons; or
59-22                (3)  a variable life insurance or variable annuity
59-23    contract.
59-24          Sec. 3.  AUTHORITY TO WRITE ADDITIONAL PRODUCT LINES.  A
59-25    person who holds a general life, accident, and health license
59-26    issued under the requirements of this subchapter may, without
 60-1    obtaining an additional license, write additional types of
 60-2    insurance contracts as provided under:
 60-3                (1)  Sections 4, 5, and 6 of this article; or
 60-4                (2)  a specialty license program established under
 60-5    state law.
 60-6          Sec. 4.  LIMITED LIFE, ACCIDENT, AND HEALTH LICENSE.  (a)  In
 60-7    this section, "job protection insurance" has the meaning assigned
 60-8    by Article 25.01 of this code.
 60-9          (b)  This section applies to:
60-10                (1)  an agent for an insurance company that writes only
60-11    job protection insurance;
60-12                (2)  an agent writing policies or riders to policies
60-13    that provide only:
60-14                      (A)  lump-sum cash benefits in the event of
60-15    accidental death, death by accidental means, or dismemberment; or
60-16                      (B)  ambulance expense benefits in the event of
60-17    accident or sickness;
60-18                (3)  an agent writing prepaid legal services contracts
60-19    under Article 5.13-1 or Chapter 23 of this code;
60-20                (4)  an agent writing credit insurance except as
60-21    otherwise provided under a specialty license program established
60-22    under state law; and
60-23                (5)  an agent writing any other type of insurance
60-24    required by the commissioner to be licensed for the protection of
60-25    the insurance consumers of this state.
60-26          (c)  A person to whom this section applies must hold a
 61-1    limited life, health, and accident license under this section.  The
 61-2    commissioner may adopt rules as necessary to implement this
 61-3    section.
 61-4          (d)  A person who holds a limited life, accident, and health
 61-5    license issued under this section may write only the types of
 61-6    insurance products described by this section.
 61-7          (e)  An applicant for a limited life, accident, and health
 61-8    license is eligible for a temporary license under Section 3A,
 61-9    Article 21.07, of this code.
61-10          Sec. 5.  FUNERAL PREARRANGEMENT LIFE INSURANCE AGENT.
61-11    (a)  In this section, "funeral prearrangement life insurance agent"
61-12    means a life insurance agent who, subject to the limitations of
61-13    this section, writes only life insurance policies and fixed annuity
61-14    contracts to secure the delivery of funeral services and
61-15    merchandise under prepaid funeral contracts regulated by the Texas
61-16    Department of Banking under Chapter 154, Finance Code.
61-17          (b)  The commissioner shall issue a license to act as a
61-18    funeral prearrangement life insurance agent to an individual after
61-19    receiving certification from an insurance company authorized to
61-20    write life insurance and annuities in this state that the applicant
61-21    has completed a course of study and instruction on life insurance
61-22    and fixed annuities for applicants offered by the insurance company
61-23    and passed without aid a written examination administered by the
61-24    insurance company.  The course of study and instruction must be at
61-25    least a five-hour course and must include instruction on:
61-26                (1)  the policies to be sold; and
 62-1                (2)  the laws relating to funeral prearrangement.
 62-2          (c)  The commissioner shall authorize an insurance company to
 62-3    administer a funeral prearrangement life insurance agent
 62-4    examination as provided by Subsection (b) of this section after
 62-5    approval by the commissioner of a complete outline and explanation
 62-6    of the course of study and instruction and the nature and manner of
 62-7    conducting the examination for applicants.  The commissioner shall
 62-8    prescribe a uniform examination for applicants that fairly
 62-9    addresses the information contained in the approved course of study
62-10    and instruction.
62-11          (d)  The commissioner may investigate as necessary the manner
62-12    of instruction and the examination administered by an insurance
62-13    company under this section.  The commissioner may withdraw from an
62-14    insurance company the authority under this section to offer
62-15    instruction and administer an examination.
62-16          (e)  A funeral prearrangement life insurance agent licensed
62-17    under this section may not:
62-18                (1)  write any coverage or combination of coverages
62-19    with an initial guaranteed death benefit that exceeds $15,000 on
62-20    any life; or
62-21                (2)  act as an agent for more than one insurance
62-22    company.
62-23          (f)  A license issued under this section to act as an agent
62-24    for an insurance company is canceled when the license holder ceases
62-25    to act as an agent for an insurance company.  Not later than the
62-26    15th day after the date on which the license holder ceases to act
 63-1    as an agent for an insurance company, the insurance company or
 63-2    agent shall send written notification to the department.
 63-3          (g)  Except as specifically provided by this section, the
 63-4    provisions of this subchapter that apply to a limited license apply
 63-5    to a license issued under this section.
 63-6          Sec. 6.  LIFE INSURANCE NOT EXCEEDING $15,000.  (a)  The
 63-7    commissioner shall issue a license to act as an agent to an
 63-8    individual who writes only life insurance not to exceed $15,000 on
 63-9    any one life after receiving certification from a stipulated
63-10    premium insurance company, a statewide mutual assessment company, a
63-11    local mutual aid association, or a local mutual burial association,
63-12    that the applicant has completed a course of study and instruction
63-13    on life insurance and fixed annuities for applicants offered by the
63-14    insurer and passed without aid a written examination administered
63-15    by the insurer.  The course of study and instruction must be at
63-16    least a five-hour course and must include instruction on:
63-17                (1)  the policies to be sold; and
63-18                (2)  the laws relating to the regulation of insurance
63-19    in this state.
63-20          (b)  The commissioner shall authorize an insurer described by
63-21    Subsection (a) of this section to administer an agent examination
63-22    as provided by Subsection (a) of this section after approval by the
63-23    commissioner of a complete outline and explanation of the course of
63-24    study and instruction and the nature and manner of conducting the
63-25    examination for applicants.  The commissioner shall prescribe a
63-26    uniform examination for applicants that fairly addresses the
 64-1    information contained in the approved course of study and
 64-2    instruction.
 64-3          (c)  The commissioner may investigate as necessary the manner
 64-4    of instruction and the examination administered by an insurer under
 64-5    this section.  The commissioner may withdraw from an insurer the
 64-6    authority under this section to offer instruction and administer an
 64-7    examination.
 64-8          (d)  An insurance agent licensed under this section may not
 64-9    write any coverage or combination of coverages with an initial
64-10    guaranteed death benefit that exceeds $15,000 on any life.
64-11          (e)  A license is not required under this section for an
64-12    agent who, in the preceding calendar year, wrote policies that
64-13    generated, in the aggregate, less than $20,000 indirect premium.
64-14          (f)  Except as specifically provided by this section, the
64-15    provisions of this subchapter that apply to a limited license apply
64-16    to a license issued under this section.
64-17                ARTICLE 3.  PROPERTY AND CASUALTY LICENSES
64-18          SECTION 3.01.  Article 21.14, Insurance Code, is amended to
64-19    read as follows:
64-20          Art. 21.14.  TEXAS PROPERTY AND CASUALTY AGENTS LICENSE ACT
64-21          Sec. 1.  SHORT TITLE; APPLICATION.  (a)  This article may be
64-22    cited as the Texas Property and Casualty Agents License Act.
64-23          (b)  Each agent of an insurance company authorized to provide
64-24    property and casualty insurance coverage in this state is subject
64-25    to this article.  This article applies to each person who performs
64-26    the acts of an agent, as defined by Article 21.02 of this code,
 65-1    whether through oral, written, or electronic communications or
 65-2    otherwise, by the solicitation of, negotiation for, procurement of,
 65-3    or collection of premiums on an insurance contract offered by any
 65-4    type of insurance carrier authorized to sell property and casualty
 65-5    insurance products in this state, including:
 65-6                (1)  a fidelity or surety company;
 65-7                (2)  an interinsurance exchange;
 65-8                (3)  a mutual company, including a farm mutual or a
 65-9    county  mutual;
65-10                (4)  a reciprocal exchange; or
65-11                (5)  a Lloyd's plan.
65-12          Sec. 2.  GENERAL PROPERTY AND CASUALTY LICENSE; LICENSE
65-13    REQUIRED.  A general property and casualty license is required for
65-14    each person who acts as:
65-15                (1)  an agent writing property and casualty insurance
65-16    for an insurance carrier authorized to provide property and
65-17    casualty insurance coverage in this state;
65-18                (2)  a sub-agent of a person licensed as an agent under
65-19    this article who solicits and binds insurance risks on behalf of
65-20    that agent; or
65-21                (3)  an agent writing any other type of insurance as
65-22    required by the commissioner for the protection of the insurance
65-23    consumers of this state.
65-24          Sec. 3.  AUTHORITY TO WRITE ADDITIONAL PRODUCT LINES.  A
65-25    person who holds a general property and casualty license issued
65-26    under this subchapter may write additional types of insurance
 66-1    contracts as provided under:
 66-2                (1)  Sections 6 and 9 of this article; or
 66-3                (2)  a specialty license program established under
 66-4    state law.
 66-5          Sec. 4.  AUTHORITY TO WRITE ACCIDENT AND HEALTH INSURANCE.  A
 66-6    person who holds a general property and casualty license issued
 66-7    under this subchapter may write health and accident insurance for a
 66-8    property and casualty insurer authorized to sell those insurance
 66-9    products in this state without holding a license issued under
66-10    Article 21.07-1 of this code.
66-11          Sec. 5.  EMERGENCY LICENSE WITHOUT EXAMINATION.  In the event
66-12    of the death or disability of a property and casualty agent or if a
66-13    property and casualty agent is found to be insolvent and unable to
66-14    pay for premiums as they become due to an insurer, the department
66-15    may issue to an applicant for a property and casualty license an
66-16    emergency property and casualty license without examination if it
66-17    is established to the satisfaction of the department that the
66-18    emergency license is necessary for the preservation of the agency
66-19    assets of a deceased, disabled, or insolvent property and casualty
66-20    agent.  An emergency license is valid for 90 days in any 12
66-21    consecutive months and may be renewed by the department for an
66-22    additional 90 days during the 12-month period if the other
66-23    requirements of this subchapter are met.
66-24          Sec. 6.  LIMITED PROPERTY AND CASUALTY LICENSE.
66-25    (a)  Notwithstanding any other law, a limited property and casualty
66-26    license is required for each person who desires to act as an agent
 67-1    writing:
 67-2                (1)  insurance only on growing crops under Article
 67-3    21.14-2 of this code;
 67-4                (2)  any form of insurance authorized under Chapter 16
 67-5    of this code for a farm mutual insurance company, except that a
 67-6    license is not required under this subsection for a person who
 67-7    wrote policies that generated, in the aggregate, less than $50,000
 67-8    in direct premium for the preceding calendar year;
 67-9                (3)  exclusively all forms of insurance authorized to
67-10    be solicited and written in this state that cover the ownership,
67-11    operation, maintenance, or use of a motor vehicle that is designed
67-12    for use on the public highways, including a trailer or semitrailer,
67-13    and the motor vehicle's accessories or equipment;
67-14                (4)  exclusively all forms of insurance authorized to
67-15    be solicited and written in this state that relate to the
67-16    ownership, occupancy, maintenance, or use of a manufactured home
67-17    that is classified as personal property under Section 2.001,
67-18    Property Code;
67-19                (5)  prepaid legal services contracts under Article
67-20    5.13-1 or Chapter 23 of this code;
67-21                (6)  only industrial fire insurance policies covering
67-22    dwellings, household goods, and wearing apparel on a weekly,
67-23    monthly, or quarterly basis on a continuous premium payment plan
67-24    written for an insurance company whose business is devoted
67-25    exclusively to that business as described by Article 17.02 of this
67-26    code, except that a license is not required under this subsection
 68-1    for a person who wrote industrial fire insurance policies that
 68-2    generated, in the aggregate, less than $20,000 in direct premium
 68-3    for the preceding calendar year;
 68-4                (7)  an agent writing credit insurance, except as
 68-5    otherwise provided by a specialty license program established under
 68-6    state law.
 68-7                (8)  any other type of insurance as required by the
 68-8    commissioner for the protection of the insurance consumers of this
 68-9    state.
68-10          (b)  Subsection (a)(1) of this section applies to a
68-11    production credit association or bank for a cooperative, as
68-12    provided under the farm credit system under 12 U.S.C. 2001 et seq.,
68-13    as amended.
68-14          (c)  A person who holds a limited property and casualty
68-15    license issued under this subchapter may write only the types of
68-16    insurance products designated on the license by the department.
68-17          Sec. 7.  FULL-TIME HOME OFFICE EMPLOYEES:  MANDATORY
68-18    REGISTRATION, CONTINUING EDUCATION REQUIREMENTS, AND NOTIFICATION
68-19    TO CONSUMERS; DISCIPLINARY ACTIONS.  (a)  Each actual full-time
68-20    home office salaried employee of an insurance carrier licensed to
68-21    do business in this state  who solicits or receives an application
68-22    for the sale of insurance through an oral, written, or electronic
68-23    communication shall register with the commissioner.
68-24          (b)  An insurance carrier licensed to do business in this
68-25    state whose general plan of operation includes the use of employees
68-26    described by Subsection (a) of this section shall certify to the
 69-1    commissioner that each of those employees receives at least 15
 69-2    hours of continuing education annually.  Each continuing education
 69-3    course provided by the insurance carrier shall be submitted to the
 69-4    department for approval as provided by Section 3, Article 21.01-1,
 69-5    of this code.  A person registered under this section shall comply
 69-6    with the continuing education requirements adopted under Section 3,
 69-7    Article 21.01-1, of this code, as if the person were a licensed
 69-8    agent.  The continuing education must be  designed to give the
 69-9    employee:
69-10                (1)  reasonable familiarity with:
69-11                      (A)  the broad principles of insurance;
69-12                      (B)  insurance licensing and regulatory laws; and
69-13                      (C)  the terms and conditions of the insurance
69-14    that the registrant transacts; and
69-15                (2)  a fair and general understanding of the duties of
69-16    an insurer to an insured, including training in ethical
69-17    considerations.
69-18          (c)  The registration of an actual full-time home office
69-19    salaried employee shall be suspended and the employer insurance
69-20    carrier may be disciplined for any act for which an agent may be
69-21    disciplined under Article 21.01-2 of this code.
69-22          (d)  Each registrant under this section shall disclose the
69-23    fact of the registration when making an oral, written, or
69-24    electronic communication to solicit or receive an application for
69-25    the sale of insurance.
69-26          (e)  Each person who registers under this section shall
 70-1    submit a nonrefundable registration fee in an amount determined by
 70-2    the department.
 70-3          Sec. 8.  INSURANCE SERVICE REPRESENTATIVE LICENSE.  (a)  An
 70-4    insurance service representative license is required for each
 70-5    person who is employed on a salaried basis to perform assigned
 70-6    duties only within the office of a property and casualty agent.
 70-7    Those duties may include the issuance of insurance binders only
 70-8    with the express approval of the property and casualty agent who
 70-9    supervises the insurance service representative.
70-10          (b)  The provisions of this subchapter that apply to a
70-11    general license apply to a license issued under this section,
70-12    except that proof of financial responsibility is not required of a
70-13    person licensed only as an insurance service representative.
70-14          Sec. 9.  COUNTY MUTUAL AGENT LICENSE.  (a)  The commission
70-15    shall issue a license to act as an agent for a county mutual
70-16    insurance company under Chapter 17 of this code to an individual
70-17    after receiving certification from the insurance company that the
70-18    applicant has completed a course of study and instruction on motor
70-19    vehicle insurance and insurance covering dwellings for applicants
70-20    offered by the insurance company and passed without aid a written
70-21    examination administered by the insurance company.  The course of
70-22    study and instruction must be at least a five-hour course and must
70-23    include instruction on:
70-24                (1)  the policies to be sold; and
70-25                (2)  the laws relating to the regulation of insurance
70-26    in this state.
 71-1          (b)  The commissioner shall authorize a county mutual
 71-2    insurance company to administer an agent examination as provided by
 71-3    Subsection (a) of this section after approval by the commissioner
 71-4    of a complete outline and explanation of the course of study and
 71-5    instruction and the nature and manner of conducting the examination
 71-6    for applicants.  The commissioner shall prescribe a uniform
 71-7    examination for applicants that fairly addresses the information
 71-8    contained in the approved course of study and instruction.
 71-9          (c)  The commissioner may investigate as necessary the manner
71-10    of instruction and the examination administered by an insurance
71-11    company under this section.  The commissioner may withdraw from an
71-12    insurance company the authority under this section to offer
71-13    instruction and administer an examination.
71-14          (d)  Except as specifically provided by this section, the
71-15    provisions of this subchapter that apply to a limited license apply
71-16    to a license issued under this section.  [LICENSING OF LOCAL
71-17    RECORDING AGENTS AND SOLICITORS; LIFE, HEALTH AND ACCIDENT
71-18    INSURANCE EXCEPTED; OTHER EXCEPTIONS]
71-19          [Sec. 1.  CLASSES OF AGENTS.  Insurance agents, as that term
71-20    is defined in the laws of this State, shall for the purpose of this
71-21    article be divided into two classes:  Local Recording Agents and
71-22    Solicitors.]
71-23          [Sec. 2.  DEFINITIONS; CERTAIN ORDERS, SOCIETIES OR
71-24    ASSOCIATIONS NOT AFFECTED.  (a)  In this article:]
71-25                [(1)  "Local Recording Agent" means a person or firm
71-26    engaged in soliciting and writing insurance, being authorized by an
 72-1    insurance company or insurance carrier, including fidelity and
 72-2    surety companies, to solicit business and to write, sign, execute,
 72-3    and deliver policies of insurance, and to bind companies on
 72-4    insurance risks, and who maintain an office and a record of such
 72-5    business and the transactions which are involved, who collect
 72-6    premiums on such business and otherwise perform the customary
 72-7    duties of a local recording agent representing an insurance carrier
 72-8    in its relation with the public; or a person or firm engaged in
 72-9    soliciting and writing insurance, being authorized by an insurance
72-10    company or insurance carrier, including fidelity and surety
72-11    companies, to solicit business, and to forward applications for
72-12    insurance to the home office of the insurance companies and
72-13    insurance carriers, where the insurance company's and insurance
72-14    carrier's general plan of operation in this State provides for the
72-15    appointment and compensation of agents for insurance and for the
72-16    execution of policies of insurance by the home office of the
72-17    insurance company or insurance carrier, or by a supervisory office
72-18    of such insurance company or insurance carrier, and who maintain an
72-19    office and a record of such business and the transactions which are
72-20    involved, and who collect premiums on such business and otherwise
72-21    qualify and perform the customary duties of a local recording agent
72-22    representing an insurance carrier in its relation with the public.]
72-23                [(2)  "Solicitor" means a person who is a bona fide
72-24    solicitor and engaged in the business of soliciting and binding
72-25    insurance risks on behalf of a local recording agent, and who
72-26    offices with such local recording agent, and who does not sign and
 73-1    execute policies of insurance, and who does not maintain company
 73-2    records of such transactions.  This shall not be construed to make
 73-3    a solicitor of a local recording agent, who places business of a
 73-4    class which the rules of the company or carrier require to be
 73-5    placed on application or to be written in a supervisory office.  A
 73-6    solicitor may bind insurance risks only with the express prior
 73-7    approval of the local recording agent for whom the solicitor works.]
 73-8                [(3)  "Board" means the State Board of Insurance.]
 73-9                [(4)  "Company" or "Carrier" means any insurance
73-10    company, corporation, inter-insurance exchange, mutual, reciprocal,
73-11    association, Lloyds or other insurance carrier licensed to transact
73-12    business in the State of Texas other than as excepted herein.]
73-13                [(5)  "Insurance service representative" means a
73-14    solicitor employed on a salaried basis who performs assigned duties
73-15    only within the office of a local recording agent, which may
73-16    include binding insurance risks, but only with the express prior
73-17    approval of the local recording agent for whom the representative
73-18    works.]
73-19          [(b)  Nothing contained in this article shall be so construed
73-20    as to affect or apply to orders, societies, or associations which
73-21    admit to membership only persons engaged in one or more crafts or
73-22    hazardous occupations in the same or similar lines of business, and
73-23    the ladies' societies, or ladies' auxiliary to such orders,
73-24    societies or associations, or any secretary of a Labor Union or
73-25    organization, or any secretary or agent of any fraternal benefit
73-26    society, which does not operate at a profit, except that a person
 74-1    who has had a license revoked under Section 16 of this article may
 74-2    not solicit or otherwise transact business under Chapter 10 of this
 74-3    code.]
 74-4          [Sec. 3.  APPLICATION FOR LICENSE; TO WHOM LICENSE MAY BE
 74-5    ISSUED.  (a)  When any person, partnership, registered limited
 74-6    liability partnership, limited liability company, corporation, or
 74-7    bank shall desire to engage in business as a local recording agent
 74-8    for an insurance company, or insurance carrier, that person or
 74-9    entity shall make application for a license to the Texas Department
74-10    of Insurance, in such form as the Department may require.  Such
74-11    application shall bear a signed endorsement by a general, state or
74-12    special agent of a qualified insurance company, or insurance
74-13    carrier that applicant or each member of the partnership or each
74-14    stockholder of the corporation or each member of the limited
74-15    liability company is a resident of this state.]
74-16          [(b)  The Department shall issue a license to an individual
74-17    or a general partnership or a limited liability partnership
74-18    registered with the Secretary of State under Section 3.08, Texas
74-19    Revised Partnership Act (Article 6132b-3.08, Vernon's Texas Civil
74-20    Statutes), engaging in the business of insurance.  The Department
74-21    may not issue a license to a partnership if an inactive partner who
74-22    is not subject to Section 3a of this article has an interest in the
74-23    partnership principally to have written and be compensated therefor
74-24    for insurance on property controlled through ownership, mortgage or
74-25    sale, family relationship, or employment; and provided further,
74-26    that all licensed agents must be residents of Texas.  Provided,
 75-1    that a person who resides in a town through which the state line
 75-2    runs and whose residence is in the town in the adjoining state may
 75-3    be licensed, if the person's business office is being maintained in
 75-4    this state.  All persons acting as agent or solicitor for health
 75-5    and accident insurance within the provisions hereof, and who
 75-6    represent only fire and casualty companies, and not life insurance
 75-7    companies, shall be required to procure only one license, and such
 75-8    license as is required under the provisions of this article.]
 75-9          [(c)  The Department shall issue a license to a corporation
75-10    if the Department finds:]
75-11                [(1)  That the corporation is a Texas corporation
75-12    organized or existing under the Texas Business Corporation Act or
75-13    the Texas Professional Corporation Act having its principal place
75-14    of business in the State of Texas and having as one of its purposes
75-15    the authority to act as a local recording agent; and]
75-16                [(2)  That every officer, director and shareholder of
75-17    the corporation is individually licensed as a local recording agent
75-18    under the provisions of this Insurance Code, except as may be
75-19    otherwise permitted by this Section or Section 3a of this article,
75-20    or that every officer and director of the corporation is
75-21    individually licensed as a local recording agent under this
75-22    Insurance Code, that the corporation is a wholly owned subsidiary
75-23    of a parent corporation that is licensed as a local recording agent
75-24    under this Insurance Code, and that every shareholder of the parent
75-25    corporation is individually licensed as a local recording agent
75-26    under this Insurance Code, and except as specifically provided by
 76-1    this article, that no shareholder of the corporation is a corporate
 76-2    entity; and]
 76-3                [(3)  That such corporation will have the ability to
 76-4    pay any sums up to $25,000 which it might become legally obligated
 76-5    to pay on account of any claim made against it by any customer and
 76-6    caused by any negligent act, error or omission of the corporation
 76-7    or any person for whose acts the corporation is legally liable in
 76-8    the conduct of its business as a local recording agent.  The term
 76-9    "customer" as used herein shall mean any person, firm or
76-10    corporation to whom such corporation sells or attempts to sell a
76-11    policy of insurance, or from whom such corporation accepts an
76-12    application for insurance.  Such ability shall be proven in one of
76-13    the following ways:]
76-14                      [(A)  An errors and omissions policy insuring
76-15    such corporation against errors and omissions, in at least the sum
76-16    of $100,000 with no more than a $10,000 deductible feature or the
76-17    sum of at least $300,000 with no more than a $25,000 deductible
76-18    feature, issued by an insurance company licensed to do business in
76-19    the State of Texas or, if a policy cannot be obtained from a
76-20    company licensed to do business in Texas, a policy issued by a
76-21    company not licensed to do business in Texas, on filing an
76-22    affidavit with the Texas Department of Insurance stating the
76-23    inability to obtain coverage and receiving the Department's
76-24    approval; or]
76-25                      [(B)  A bond executed by such corporation as
76-26    principal and a surety company authorized to do business in this
 77-1    state, as surety, in the principal sum of $25,000, payable to the
 77-2    Texas Department of Insurance for the use and benefit of customers
 77-3    of such corporation, conditioned that such corporation shall pay
 77-4    any final judgment recovered against it by any customer; or]
 77-5                      [(C)  A deposit of cash or securities of the
 77-6    class authorized by Articles 2.08 and 2.10 of this Code, having a
 77-7    fair market value of $25,000 with the comptroller.  The comptroller
 77-8    is hereby authorized and directed to accept and receive such
 77-9    deposit and hold it exclusively for the protection of any customer
77-10    of such corporation recovering a final judgment against such
77-11    corporation.  Such deposit may be withdrawn only upon filing with
77-12    the Department evidence satisfactory to it that the corporation has
77-13    withdrawn from business, and has no unsecured liabilities
77-14    outstanding, or that such corporation has provided for the
77-15    protection of its customers by furnishing an errors and omissions
77-16    policy or a bond as hereinbefore provided.  Securities so deposited
77-17    may be exchanged from time to time for other qualified securities.]
77-18          [A binding commitment to issue such a policy or bond, or the
77-19    tender of such securities, shall be sufficient in connection with
77-20    any application for license.]
77-21          [Nothing contained herein shall be construed to permit any
77-22    unlicensed employee or agent of any corporation to perform any act
77-23    of a local recording agent without obtaining a local recording
77-24    agent's license.  The Department shall not require a corporation to
77-25    take the examination provided in Section 6 of this Article 21.14.]
77-26          [If at any time, any corporation holding a local recording
 78-1    agent's license does not maintain the qualifications necessary to
 78-2    obtain a license, the license of such corporation to act as a local
 78-3    recording agent shall be cancelled or denied in accordance with the
 78-4    provisions of Sections 16, 17 and 18 of this Article 21.14;
 78-5    provided, however, that should any person who is not a licensed
 78-6    local recording agent acquire shares in such a corporation by
 78-7    devise or descent, they shall have a period of 90 days from date of
 78-8    acquisition within which to obtain a license as a local recording
 78-9    agent or to dispose of the shares to a licensed local recording
78-10    agent except as may be permitted by Section 3a of this article.]
78-11          [Should such an unlicensed person, except as may be permitted
78-12    by Section 3a of this article, acquire shares in such a corporation
78-13    and not dispose of them within said period of 90 days to a licensed
78-14    local recording agent, then they must be purchased by the
78-15    corporation for their book value, that is, the value of said shares
78-16    of stock as reflected by the regular books and records of said
78-17    corporation, as of the date of the acquisition of said shares by
78-18    said unlicensed person.  Should the corporation fail or refuse to
78-19    so purchase such shares, its license shall be cancelled.]
78-20          [Any such corporation shall have the power to redeem the
78-21    shares of any shareholder, or the shares of a deceased shareholder,
78-22    upon such terms as may be agreed upon by the Board of Directors and
78-23    such shareholder or his personal representative, or at such price
78-24    and upon such terms as may be provided in the Articles of
78-25    Incorporation, the Bylaws, or an existing contract entered into
78-26    between the shareholders of the corporation.]
 79-1          [Each corporation licensed as a local recording agent shall
 79-2    file, under oath, a list of the names and addresses of all of its
 79-3    officers, directors and shareholders with its application for
 79-4    renewal license.]
 79-5          [Each corporation licensed as a local recording agent shall
 79-6    notify the Texas Department of Insurance upon any change in its
 79-7    officers, directors or shareholders not later than the 30th day
 79-8    after the date on which the change became effective.]
 79-9          [The term "firm" as it applies to local recording agents in
79-10    Sections 2, 12 and 16 of this Article 21.14 shall be construed to
79-11    include corporations.]
79-12          [(d)  The department shall issue a license to a bank if the
79-13    department finds that:]
79-14                [(1)  the bank is a national banking association
79-15    organized and existing under the National Bank Acts (12 U.S.C.
79-16    Section 21 et seq.), a state bank organized and existing under the
79-17    Texas Banking Act (Article 342-1.001 et seq., Vernon's Texas Civil
79-18    Statutes), a state savings bank organized and existing under the
79-19    Texas Savings Bank Act (Article 489e, Vernon's Texas Civil
79-20    Statutes), or a bank operating subsidiary, as defined by state or
79-21    federal law, that is located and doing business in this state in a
79-22    place with a population of 5,000 or less;]
79-23                [(2)  at least one officer of the bank and each
79-24    individual who will be performing any acts of an agent for the bank
79-25    are individually licensed under this Article; and]
79-26                [(3)  the bank will have the ability to pay any sums up
 80-1    to $25,000 that it might become legally obligated to pay on account
 80-2    of any claim made against it by a customer and caused by a
 80-3    negligent act, error, or omission of the bank or any person for
 80-4    whose acts the bank is legally liable in the conduct of its
 80-5    business as a local recording agent.  The term "customer" means any
 80-6    person, firm, or corporation to whom the bank sells or attempts to
 80-7    sell a policy of insurance or from whom the bank accepts an
 80-8    application for insurance.  That ability shall be proven through:]
 80-9                      [(A)  an errors and omissions policy insuring the
80-10    bank against errors and omissions, in at least the sum of $100,000
80-11    with not more than a $10,000 deductible feature, or the sum of at
80-12    least $300,000 with not more than a $25,000 deductible feature,
80-13    issued by an insurance company licensed to do business in this
80-14    state or, if a policy cannot be obtained from a company licensed to
80-15    do business in this state, a policy issued by a company not
80-16    licensed to do business in this state, on filing an affidavit with
80-17    the department stating the inability to obtain coverage and
80-18    receiving the department's approval;]
80-19                      [(B)  a bond executed by the bank as principal
80-20    and a surety company authorized to do business in this state, as
80-21    surety, in the principal sum of $25,000, payable to the department
80-22    for the use and benefit of customers of the bank, conditioned that
80-23    the bank shall pay any final judgment recovered against it by a
80-24    customer; or]
80-25                      [(C)  a deposit with the comptroller of cash or
80-26    securities of the class authorized by Articles 2.08 and 2.10 of
 81-1    this code, with a fair market value of $25,000.  The comptroller
 81-2    shall accept and receive the deposit and hold it exclusively for
 81-3    the protection of a customer of the bank who recovers a final
 81-4    judgment against the bank.  The deposit may be withdrawn only on
 81-5    filing with the department satisfactory evidence that the bank has
 81-6    withdrawn from the business of insurance and has no unsecured
 81-7    liabilities outstanding or that the bank has provided for the
 81-8    protection of its customers by furnishing an errors and omissions
 81-9    policy or a bond as provided by this subsection.  Securities so
81-10    deposited may be exchanged from time to time for other qualified
81-11    securities.]
81-12          [A binding commitment to issue such a policy or bond, or the
81-13    tender of applicable securities, is sufficient in connection with
81-14    an application for license.]
81-15          [Nothing in this subsection shall be construed to permit an
81-16    unlicensed employee or agent of a bank to perform any act of a
81-17    local recording agent without obtaining a local recording agent's
81-18    license.  The department may not require a bank to take the
81-19    examination provided by Section 6 of this Article.]
81-20          [A bank licensed as an agent under this Article may have
81-21    additional offices from which the business of insurance is
81-22    conducted only in a place with a population of 5,000 or less and
81-23    must comply with the department's regulations regarding additional
81-24    offices.]
81-25          [A bank licensed as an agent under this article must maintain
81-26    its insurance records, including all files relating to and
 82-1    reflecting customer complaints, separate from records relating to
 82-2    banking transactions of the bank.]
 82-3          [If a bank that holds a local recording agent's license does
 82-4    not maintain the qualifications necessary to obtain a license, the
 82-5    license of that bank to act as a local recording agent shall be
 82-6    canceled or denied in accordance with Sections 16 and 18 of this
 82-7    article.]
 82-8          [Each bank licensed as a local recording agent shall file
 82-9    under oath with its application for license renewal a list of the
82-10    name and address of each individual who will be acting as an agent
82-11    on behalf of the bank and of each officer and director of the bank,
82-12    as defined by Article 21.02 of this code, and other biographical
82-13    information as required by the department.]
82-14          [Each bank licensed as a local recording agent shall notify
82-15    the department of any change in its officers and directors and any
82-16    change in other persons who will be performing any acts of an
82-17    agent, as defined by Article 21.02 of this code, and submit
82-18    biographical information on those officers, directors, and persons
82-19    as required by the department not later than the 30th day after the
82-20    date on which the change takes effect.]
82-21          [The term "firm," as that term applies to local recording
82-22    agents in Sections 2, 12, and 16 of this article, includes
82-23    corporations and banks.]
82-24          [(e)  The term "partnership" or "agency partnership" as used
82-25    in this Article means a general partnership or a registered limited
82-26    liability partnership domiciled in Texas.]
 83-1          [(f)  In this Article, the term "corporation" or
 83-2    "corporations" shall mean a corporation organized under the Texas
 83-3    Business Corporation Act, The Texas Professional Corporation Act
 83-4    (Article 1528e, Vernon's Texas Civil Statutes), or a Texas
 83-5    domiciled limited liability company organized or existing under the
 83-6    Texas Limited Liability Company Act (Article 1528n, Vernon's Texas
 83-7    Civil Statutes) having its principal place of business in this
 83-8    state and having as one of its purposes the authority to act as an
 83-9    insurance agent.  Each officer, manager, and member of a limited
83-10    liability company must be licensed under this Article.  The
83-11    licensing and regulation of a limited liability company shall be
83-12    subject to the same provisions and requirements of this Article
83-13    that are applicable to corporations licensed under this Article.]
83-14          [(g)  In this article, the term "bank" means a national
83-15    banking association organized and existing under the National Bank
83-16    Acts (12 U.S.C. Section 21 et seq.), a state bank organized and
83-17    existing under the Texas Banking Act (Article 342-1.001 et seq.,
83-18    Vernon's Texas Civil Statutes), a state savings bank organized and
83-19    existing under the Texas Savings Bank Act (Article 489e, Vernon's
83-20    Texas Civil Statutes), a bank branch, or a bank operating
83-21    subsidiary, as defined by state or federal law, that is located and
83-22    doing business in this state in a place with a population of 5,000
83-23    or less.  A bank operating subsidiary, as defined by state or
83-24    federal law, located and doing business in a place in this state
83-25    with a population of 5,000 or less may own a licensed corporate
83-26    agent that is also located and doing business in a place with a
 84-1    population of 5,000 or less, and is subject to Section 3a(5) of
 84-2    this Article.]
 84-3          [Sec. 3a.  PERSONS OTHER THAN LICENSED LOCAL RECORDING AGENTS
 84-4    WHO MAY SHARE IN PROFITS OF LOCAL RECORDING AGENT.  (1)  Upon the
 84-5    death of a duly licensed local recording agent who is a member of
 84-6    an agency partnership, the surviving spouse and children, if any,
 84-7    of such deceased partner, or a trust for such surviving spouse and
 84-8    children, may share in the profits of such agency partnership
 84-9    during the lifetime of such surviving spouse or such children, as
84-10    the case may be, if and as provided by a written partnership
84-11    agreement, or in the absence of any written agreement, if and as
84-12    agreed by the surviving partner or partners and the surviving
84-13    spouse, the trustee, and the legal representative of the surviving
84-14    child or children.  Such surviving spouse and any such surviving
84-15    children or trusts shall not be required to qualify as local
84-16    recording agents to participate in such profits, but shall not do
84-17    or perform any act of a local recording agent on behalf of such
84-18    partnership without having qualified as a local recording agent;
84-19    provided, however, that a duly licensed local recording agent who
84-20    is a member of an agency partnership may, with the approval of the
84-21    other members of the partnership, transfer an interest in the
84-22    agency partnership to his children or a trust for same, and may
84-23    operate such interest for their use and benefit; and such children
84-24    or trusts may share in the profits of such agency partnership.
84-25    Such child or children or trusts shall not be required to qualify
84-26    as a local recording agent to participate in such profits, but
 85-1    shall not do or perform any act of a local recording agent on
 85-2    behalf of such partnership without having qualified as a local
 85-3    recording agent.]
 85-4          [(2)  Upon the death of a duly licensed local recording
 85-5    agent, who is a sole proprietorship, unless otherwise provided by
 85-6    the last will of such deceased agent, the surviving spouse and
 85-7    children, if any, of such deceased agent, or a trust for such
 85-8    spouse or children, may share in the profits of the continuance of
 85-9    the agency business of said deceased agent, provided such agency
85-10    business is continued by a duly licensed local recording agent.
85-11    Said surviving spouse, trusts or children, may participate in such
85-12    profits during the lifetime of such surviving spouse and said
85-13    children.  Said surviving spouse, trusts or children shall not be
85-14    required to qualify as local recording agents in order to
85-15    participate in the profits of such agency, but shall not do or
85-16    perform any act of a local recording agent in connection with the
85-17    continuance of such agency business without first having been duly
85-18    licensed as a local recording agent; provided, however, that a duly
85-19    licensed local recording agent who is a sole proprietorship may
85-20    transfer an interest in his agency to his children, or a trust for
85-21    same, and may operate such interest for their use and benefit; and
85-22    such children may share in the profits of such local recording
85-23    agency during their lifetime, and during such time shall not be
85-24    required to qualify as a local recording agent in order to
85-25    participate in such profits, but shall not do or perform any act of
85-26    a local recording agent in connection with such agency business
 86-1    without first having been duly licensed as a local recording agent.]
 86-2          [(3)  Upon the death of a shareholder in a corporate licensed
 86-3    local recording agency, the surviving spouse and children, if any,
 86-4    of such deceased shareholder, or a trust for such surviving spouse
 86-5    and children, may share in the profits of such corporate agency
 86-6    during the lifetime of such surviving spouse or children, as the
 86-7    case may be, if and as provided by a contract entered into by and
 86-8    between all of the shareholders and the corporation.  Any such
 86-9    surviving spouse, surviving children, or trusts shall not be
86-10    required to individually qualify as a local recording agent in
86-11    order to participate in such profits, but shall not do or perform
86-12    any act of a local recording agency on behalf of such corporation
86-13    without having qualified as a local recording agent; provided,
86-14    however, that a shareholder in a corporate licensed local recording
86-15    agent, may, if provided by a contract entered into by and between
86-16    all of the shareholders and the corporation, transfer an interest
86-17    in the agency to his children or a trust for same, and such
86-18    children or trusts may share in the profits of such agency to the
86-19    extent of such interest during their lifetime.  Such children or
86-20    trusts shall not be required to qualify as a local recording agent
86-21    to participate in such profits, but shall not do or perform any act
86-22    of a local recording agent on behalf of such corporation without
86-23    having qualified as a local recording agent.]
86-24          [(4)  Except as provided in Subsections (1), (2), and (3)
86-25    above, and as may be provided in Section 6a, Article 21.14 of the
86-26    Insurance Code, no person shall be entitled to perform any act of a
 87-1    local recording agent nor in any way participate as a partner or
 87-2    corporate shareholder in the profits of any local recording agent,
 87-3    without first having qualified as a duly licensed local recording
 87-4    agent and having successfully passed the examination required by
 87-5    the Insurance Code; provided, however, that all persons, or trusts
 87-6    for any person, that received licenses before March 1, 1963, as
 87-7    silent, inactive, or non-active partners, or who are silent,
 87-8    inactive, or non-active partners in an agency which was so
 87-9    qualified before such date, shall continue to receive licenses, or
87-10    renewals thereof, as partners in such agency or in any successor
87-11    agency, providing:  (a)  that such persons are members of an agency
87-12    in which there is at least one partner who has qualified as a duly
87-13    licensed local recording agent; (b)  that such non-active partner
87-14    or partners do not actively solicit insurance; and (c)  that such
87-15    agency is not a limited partnership.]
87-16          [(5)  Notwithstanding any provision of this article or this
87-17    code to the contrary, a bank located and doing business in a place
87-18    with a population of 5,000 or less that owns a licensed bank
87-19    operating subsidiary, as defined by state or federal law, that is
87-20    also located and doing business in a place with a population of
87-21    5,000 or less may receive profits from the licensed bank operating
87-22    subsidiary.  To advertise under the bank name or participate in the
87-23    insurance operation other than by receiving profits from the
87-24    insurance business, the bank must hold an agent license.  Nothing
87-25    in this section permits a bank or any affiliate to pay commissions
87-26    or other valuable consideration to any nonlicensed employees, and a
 88-1    bank may not pay, credit, or otherwise reward particular
 88-2    nonlicensed units or geographic locations of the bank or any of its
 88-3    affiliates with a portion of the commission.]
 88-4          [Sec. 4.  ACTING WITHOUT LICENSE FORBIDDEN.  (a)  It shall be
 88-5    unlawful for any person, firm, partnership, corporation or bank, or
 88-6    any partner, officer, director, employee, or shareholder of a
 88-7    corporation, or any officer, director, or employee of a bank to act
 88-8    as a local recording agent or solicitor in procuring business for
 88-9    any insurance company, corporation, interinsurance exchange,
88-10    mutual, reciprocal, association, Lloyds or other insurance carrier,
88-11    until that person or entity shall have in force the license
88-12    provided for herein.]
88-13          [(b)  No insurer doing business in this state shall pay
88-14    directly or indirectly any commission, or other valuable
88-15    consideration, to any person, firm, partnership, corporation, or
88-16    bank for services as a local recording agent within this state,
88-17    unless such person, firm, partnership, corporation, or bank shall
88-18    hold a currently valid license and appointment to act as a local
88-19    recording agent as required by the laws of this state; nor shall
88-20    any person, firm, partnership, corporation, or bank other than a
88-21    duly licensed and appointed local recording agent accept any such
88-22    commission or other valuable consideration; provided, however, that
88-23    nothing contained in this subsection shall prohibit an assigned
88-24    risk pool or assigned risk plan, duly authorized to operate by the
88-25    laws of this state, from paying commissions, or other valuable
88-26    consideration, to a duly licensed person, firm, partnership,
 89-1    corporation, or bank for services as a local recording agent.]
 89-2          [(c)  No licensed local recording agent, managing general
 89-3    agent, or surplus lines agent doing business in this state shall
 89-4    pay directly or indirectly any commission, or other valuable
 89-5    consideration, to any person, firm, partnership, corporation, or
 89-6    bank for services as a local recording agent within this state,
 89-7    unless such person, firm, partnership, corporation, or bank shall
 89-8    hold a currently valid license to act as a local recording agent as
 89-9    required by the laws of this state; nor shall any person, firm,
89-10    partnership, corporation, or bank other than a duly licensed local
89-11    recording agent accept any such commission or other valuable
89-12    consideration.]
89-13          [(d)  No local recording agent doing business in this state
89-14    shall pay directly or indirectly any commission, or other valuable
89-15    consideration, to any person for services as a solicitor within
89-16    this state, unless such person shall hold a currently valid license
89-17    and appointment to act as a solicitor for such local recording
89-18    agent as required by the laws of this state; nor shall any person
89-19    other than a duly licensed and appointed solicitor accept any such
89-20    commission or other valuable consideration.]
89-21          [Sec. 5.  ACTIVE AGENTS OR SOLICITORS ONLY TO BE LICENSED.
89-22    No license shall be granted to any person, firm, partnership,
89-23    corporation, or bank as a local recording agent or to a person as a
89-24    solicitor, for the purpose of writing any form of insurance, unless
89-25    it is found by the department that such person, firm, partnership,
89-26    corporation, or bank is or intends to be, actively engaged in the
 90-1    soliciting or writing of insurance for the public generally; that
 90-2    each person or individual of a firm is a resident of Texas and is
 90-3    to be actively engaged in good faith in the business of insurance,
 90-4    and that the application is not being made in order to evade the
 90-5    laws against rebating and discrimination either for the applicant
 90-6    or for some other person, firm, partnership, corporation, or bank.
 90-7    Nothing herein contained shall prohibit an applicant insuring
 90-8    property which the applicant owns or in which the applicant has an
 90-9    interest; but it is the intent of this Section to prohibit coercion
90-10    of insurance and to preserve to each citizen the right to choose
90-11    that individual's own agent or insurance carrier, and to prohibit
90-12    the licensing of an individual, firm, partnership, corporation, or
90-13    bank to engage in the insurance business principally to handle
90-14    business which the applicant controls only through ownership,
90-15    mortgage or sale, family relationship or employment, which shall be
90-16    taken to mean that an applicant who is making an original
90-17    application for license shall show the department that the
90-18    applicant has a bona fide intention to engage in business in which,
90-19    in any calendar year, at least twenty-five per cent (25%) of the
90-20    total volume of premiums shall be derived from persons or
90-21    organizations other than applicant and from property other than
90-22    that on which the applicant shall control the placing of insurance
90-23    through ownership, mortgage, sale, family relationship or
90-24    employment.  Nothing herein contained shall be construed to
90-25    authorize a partnership, corporation, or bank to receive a license
90-26    as a solicitor.]
 91-1          [Sec. 5a.  REQUIREMENTS AS TO KNOWLEDGE OR INSTRUCTION FOR
 91-2    LOCAL RECORDING AGENT'S LICENSE.  (a)  Every applicant for local
 91-3    recording agent's license from and after October 1, 1971, shall
 91-4    upon the successful passage of the examination for local recording
 91-5    agent's license as promulgated by the State Board of Insurance
 91-6    pursuant to the provisions of this Article 21.14 be issued a
 91-7    temporary local recording agent's license.  The holder of a
 91-8    temporary local recording agent's license shall have the same
 91-9    authority and be subject to the same provisions of the law as local
91-10    recording agents until such temporary license shall expire.  Each
91-11    such temporary license so issued shall expire upon the happening of
91-12    any one of the following, whichever shall first occur, to wit:]
91-13                [(i)  The issuance of a local recording agent's license
91-14    to such person;]
91-15                [(ii)  One year from date of issuance of the temporary
91-16    local recording agent's license.]
91-17          [Each such person receiving a temporary license as set out
91-18    above shall within one (1) year from the issue date of such
91-19    temporary license complete to the satisfaction of the State Board
91-20    of Insurance one of the following courses of study:]
91-21                [(i)  Classroom courses in insurance satisfactory to
91-22    the State Board of Insurance at a school, college, junior college
91-23    or extension thereof; or]
91-24                [(ii)  An insurance company or agents' association
91-25    school approved by the State Board of Insurance; or]
91-26                [(iii)  A correspondence course in insurance approved
 92-1    by the State Board of Insurance.]
 92-2          [Upon the successful completion of any one of the above
 92-3    courses of study within the one year period, the temporary agent
 92-4    shall then be entitled to receive from the State Board of Insurance
 92-5    his local recording agent's license.]
 92-6          [(b)  Provided, however, none of the provisions of this
 92-7    section shall apply to the following:]
 92-8                [(1)  To any person holding a license as a local
 92-9    recording agent upon the effective date of this Act.]
92-10                [(2)  To any person applying for an emergency local
92-11    recording agent's license under the provisions of Section 6a of
92-12    Article 21.14 of the Insurance Code of Texas.]
92-13                [(3)  To any person who holds the designation Chartered
92-14    Property and Casualty Underwriter (C.P.C.U.) from the American
92-15    Institute for C.P.C.U., the designation Certified Insurance
92-16    Counselor (C.I.C.) from the national Society of Certified Insurance
92-17    Counselors, or the designation Accredited Adviser in Insurance
92-18    (A.A.I.) from the Insurance Institute of America.]
92-19                [(4)  To any person who has a bachelor's degree from a
92-20    four-year accredited college or university with a major in
92-21    insurance.]
92-22                [(5)  To any person who within two (2) years
92-23    immediately preceding the filing of an application was a licensed
92-24    agent in good standing in the state from which the person moved to
92-25    Texas, provided such state makes similar provision for those agents
92-26    who may move from Texas to such state.]
 93-1                [(6)  To any person desiring to apply for a license to
 93-2    solicit and write exclusively all forms of insurance authorized to
 93-3    be solicited and written in Texas covering the ownership,
 93-4    operation, maintenance or use of any motor vehicle, its accessories
 93-5    and equipment, designed for use upon the public highways, including
 93-6    trailers and semitrailers.  Such person shall continue to apply for
 93-7    and qualify to be licensed under the other provisions of Article
 93-8    21.14 of the Insurance Code of Texas.  Provided, such applicant
 93-9    shall be required to take and pass, to the satisfaction of the
93-10    Texas Department of Insurance, an examination, promulgated by said
93-11    department, covering only those forms of insurance referred to in
93-12    this paragraph.  Provided, when such a person so applies and
93-13    qualifies, the person shall be issued a license which shall contain
93-14    on the face of said license the following language:  "Motor vehicle
93-15    insurance only."  An agent holding such a limited license hereby
93-16    created shall solicit only those forms of insurance hereinabove
93-17    provided, but shall be subject to all other laws relating to local
93-18    recording agents.]
93-19          [(c)  There is hereby created an Agents' Education Advisory
93-20    Board whose duties shall be to advise with and make recommendations
93-21    to the State Board of Insurance concerning the curriculum, course
93-22    content and schools to be approved under Subsection (a) above.  The
93-23    members of said Advisory Board shall be appointed by the chairman
93-24    of the State Board of Insurance and shall serve for one year, from
93-25    September 1 to August 31, or until their successors are appointed.
93-26    Said Advisory Board shall be composed of the following persons:
 94-1    Two (2) members, each of whom shall be a resident of Texas and have
 94-2    a minimum of ten (10) years' experience as an executive of a fire
 94-3    and casualty company doing business in Texas and whose company
 94-4    operates an agents' school; two (2) members, each of whom shall be
 94-5    a licensed local recording agent in Texas with a minimum of ten
 94-6    (10) years' experience as an agent; and one (1) member who shall be
 94-7    a teacher of insurance at a four-year accredited college or
 94-8    university in Texas.  Said Advisory Board shall meet at the offices
 94-9    of the State Board of Insurance upon call of the chairman of the
94-10    State Board of Insurance and the members of said Advisory Board
94-11    shall be paid out of the Recording Agents License Fund for their
94-12    actual and necessary expenses incurred in connection with their
94-13    attendance at said meetings.]
94-14          [Sec. 5b.  CONTINUING EDUCATION.  (a)  The State Board of
94-15    Insurance shall adopt a procedure for certifying and shall certify
94-16    continuing education programs for agents.  Participation in the
94-17    programs is mandatory for all agents licensed under this article.
94-18    The State Board of Insurance shall exempt agents who have been
94-19    licensed for 20 years or more on or after September 1, 1992, and
94-20    shall have the rulemaking authority to provide for other reasonable
94-21    exemptions.  No agent shall be required to complete more than 15
94-22    hours of continuing education per year.  An agent licensed under
94-23    both Articles 21.07-1 and 21.14 of this code and any subsequent
94-24    amendments may elect to satisfy the continuing education
94-25    requirements of either article and shall not be required to
94-26    complete a total of more than 15 hours of continuing education per
 95-1    year.]
 95-2          [(b)  On written request of the agent, the State Board of
 95-3    Insurance may extend the time for the agent to comply with the
 95-4    continuing education requirements of this section or may exempt the
 95-5    agent from some or all of the requirements for a licensing period
 95-6    if the board finds that the agent is unable to comply with the
 95-7    requirements because of illness, medical disability, or another
 95-8    extenuating circumstance beyond the control of the agent.  The
 95-9    criteria for such exemptions and extensions shall be established by
95-10    rule.]
95-11          [Sec. 5c.  ADVISORY COUNCIL.  (a)  An advisory council of
95-12    nine members shall be appointed by the State Board of Insurance to
95-13    furnish the Board with information and assistance in the conduct of
95-14    the continuing education program for agents licensed under Articles
95-15    21.07-1 and 21.14.]
95-16          [(b)  Four of the members of the advisory council must be
95-17    representatives of the general public.  A public representative may
95-18    not be:]
95-19                [(1)  an officer, director, or employee of an insurance
95-20    company, insurance agency, agent, broker, solicitor, adjuster, or
95-21    any other business entity regulated by the State Board of
95-22    Insurance;]
95-23                [(2)  a person required to register with the secretary
95-24    of state under Chapter 305, Government Code; or]
95-25                [(3)  related to a person described by Subdivision (1)
95-26    or (2) of this subsection within the second degree of affinity or
 96-1    consanguinity.]
 96-2          [Sec. 5d.  JURISDICTION FOR CONTINUING EDUCATION.
 96-3    Notwithstanding the rules or regulations of any other state agency,
 96-4    the board has sole jurisdiction for all matters relating to the
 96-5    continuing education of insurance agents who are licensed under
 96-6    this Article.]
 96-7          [Sec. 6.  EXAMINATION REQUIRED; EXCEPTIONS.  (a)  If
 96-8    applicant for a local recording agent's license has not prior to
 96-9    date of such application, been licensed as a local recording agent,
96-10    or if the applicant for a solicitor's license has not been licensed
96-11    as a local recording agent or as a solicitor prior to date of such
96-12    application, the Board shall require such applicant to submit to a
96-13    written examination covering all kinds of insurance or contracts,
96-14    which license if granted, will permit the applicant to solicit.]
96-15          [(b)  Any applicant for local recording agent's license who
96-16    has prior to the date of such application been licensed as a local
96-17    recording agent, shall be entitled to a local recording agent's
96-18    license without examination, provided the other requirements of
96-19    this article are met.  Any applicant for solicitor's license who
96-20    has been licensed as a local recording agent or as a solicitor
96-21    prior to date of such application, shall be entitled to a
96-22    solicitor's license without an examination, provided the other
96-23    requirements of this article are met.]
96-24          [(c)  The Board by rule shall apply different examination
96-25    standards to a solicitor employed as an insurance service
96-26    representative than those applied to other solicitors.]
 97-1          [Sec. 6a.  DEATH, DISABILITY OR INSOLVENCY; EMERGENCY LICENSE
 97-2    WITHOUT EXAMINATION.  In event of death or disability of a local
 97-3    recording agent or in event a local recording agent is found to be
 97-4    insolvent and unable to pay for premiums coming to his hands as
 97-5    such local recording agent, the Board may issue to an applicant for
 97-6    local recording agent's license an emergency local recording
 97-7    agent's license for a period of ninety (90) days in any twelve (12)
 97-8    consecutive months and at the Board's option, an additional period
 97-9    up to ninety (90) days without an examination provided the other
97-10    requirements of this article are met and if it is established to
97-11    the satisfaction of the Board that such emergency license is
97-12    necessary for the preservation of the agency assets of a deceased
97-13    or disabled local recording agent or of an insolvent local
97-14    recording agent.]
97-15          [Sec. 7.  CONDUCT OF EXAMINATIONS; NOTICE; MANUAL OF
97-16    QUESTIONS AND ANSWERS.  Unless the State Board of Insurance accepts
97-17    a qualifying examination administered by a testing service, as
97-18    provided under Article 21.01-1, Insurance Code, as amended, all
97-19    examinations provided by this article shall be conducted by the
97-20    State Board of Insurance, and shall be held not less frequently
97-21    than one each sixty (60) days every year at times and places
97-22    prescribed by the State Board of Insurance, of which applicants
97-23    shall be notified by the State Board of Insurance in writing ten
97-24    (10) days prior to the date of such examinations, and shall be
97-25    conducted in writing in either the English or Spanish language.
97-26    Provided, further, that printed copies of a manual of questions and
 98-1    answers thereto pertaining to the examination published under the
 98-2    direction of the State Board of Insurance shall be made available
 98-3    to all companies, general agents, and managers for the use of their
 98-4    prospective agents, to all agents for the use of their prospective
 98-5    solicitors in preparing for such examination.  The questions to be
 98-6    asked on such examination shall be based upon the questions and
 98-7    answers contained in the manual.]
 98-8          [Sec. 8.  EXPIRATION OF LICENSE; RENEWAL.  Except as may be
 98-9    provided by a staggered renewal system adopted under Article
98-10    21.01-2 of this code, every license issued to a local recording
98-11    agent or a solicitor shall expire two years from the date of its
98-12    issue, unless a completed application to qualify for the renewal of
98-13    any such license shall be filed with the State Board of Insurance
98-14    and a nonrefundable fee paid on or before such date, in which event
98-15    the license sought to be renewed shall continue in full force and
98-16    effect until renewed or renewal is denied.]
98-17          [Sec. 9.  FEES PAYABLE BEFORE EXAMINATION.  Unless the State
98-18    Board of Insurance accepts a qualifying examination administered by
98-19    a testing service, as provided under Article 21.01-1, Insurance
98-20    Code, as amended, applicants required to be examined shall, at time
98-21    and place of examination, pay prior to being examined the following
98-22    fees:  For a local recording agent's license a fee in an amount not
98-23    to exceed $50 as determined by the State Board of Insurance and for
98-24    a solicitor's license a fee in an amount not to exceed $20 as
98-25    determined by the State Board of Insurance.  The fees paid under
98-26    this section shall not be returned for any reason other than
 99-1    failure to appear and take the examination after the applicant has
 99-2    given at least 24 hours' notice of an emergency situation to the
 99-3    State Board of Insurance and received board approval.  A new fee
 99-4    shall be paid before each and every examination.]
 99-5          [Sec. 10.  RENEWAL FEES.  (a)  An applicant for the renewal
 99-6    of a local recording agent's license shall pay, at the time the
 99-7    renewal application is filed, a fee in an amount not to exceed $50
 99-8    as determined by the State Board of Insurance.  An applicant for
 99-9    the renewal of a solicitor's license shall pay, at the time the
99-10    renewal application is filed, a fee in an amount not to exceed $20
99-11    as determined by the State Board of Insurance.]
99-12          [Sec. 11.  ISSUANCE OF LICENSE.  (a)  Whenever the provisions
99-13    of this article have been complied with, the Board shall issue to
99-14    any applicant the license applied for where such applicant shall
99-15    have satisfactorily passed the examination prescribed by the State
99-16    Board of Insurance, and who shall possess the other qualifications
99-17    required by this article.]
99-18          [(b)  The Commissioner of Insurance shall collect in advance
99-19    from agents requesting duplicate licenses a fee not to exceed $20.
99-20    The State Board of Insurance shall determine the amount of the fee.]
99-21          [Sec. 12.  NOTICE TO COMMISSIONER OF INSURANCE OF APPOINTMENT
99-22    OF LOCAL RECORDING AGENT BY INSURANCE COMPANY.  (a)  After a person
99-23    or firm shall be granted a license as a local recording agent in
99-24    this state, that person or firm shall be authorized to act as such
99-25    local recording agent in this state, only after and during the time
99-26    such person or firm has been authorized so to do, by an insurance
 100-1   company having a permit to do business in this state; and when so
 100-2   authorized each company or carrier or its general or state or
 100-3   special agent making the appointment shall immediately notify the
 100-4   Commissioner of Insurance, on such form as the Commissioner may
 100-5   require, of the appointment.  If approval of an additional
 100-6   appointment is not received from the Commissioner before the eighth
 100-7   day after the date on which the completed application and fee were
 100-8   received by the Commissioner, the agent and the insurance company
 100-9   may assume that the Commissioner approves the application, and the
100-10   agent may act for the insurance company.  The agent shall be
100-11   required to pay a nonrefundable fee of $16.00 for each appointment
100-12   applied for, which fee shall accompany the notice, and such person
100-13   or firm shall be presumed to be the agent for such company in this
100-14   state until such company or its general or state or special agent
100-15   shall have delivered written notice to the Commissioner of
100-16   Insurance that such appointment has been withdrawn.]
100-17         [(b)  Every insurance carrier shall, upon termination for
100-18   cause of the appointment of any agent, immediately file with the
100-19   State Board of Insurance a statement of the facts relative to the
100-20   termination of the appointment and the date and cause thereof.  The
100-21   Board shall thereupon record the termination of the appointment of
100-22   such agent to represent such insurance carrier in this state.  The
100-23   agent terminated for cause shall receive from the insurance carrier
100-24   a copy of the notice sent to the State Board of Insurance.]
100-25         [(c)  Any information, document, record or statement required
100-26   to be made or disclosed to the Board pursuant to this Article shall
 101-1   be deemed confidential and privileged unless or until introduced as
 101-2   evidence in an administrative hearing.]
 101-3         [(d)  No liability may be imposed on any insurance carrier,
 101-4   its employees or agents, or any other person, acting without
 101-5   malice, providing the information required to be disclosed pursuant
 101-6   to this section.]
 101-7         [Sec. 13.  APPLICATION FOR SOLICITOR'S LICENSE.  When any
 101-8   local recording agent who has been appointed by an insurance
 101-9   carrier having a permit to do business in this State shall desire
101-10   to appoint a solicitor in the operation of his business, he and a
101-11   company jointly shall make application for a license for such
101-12   solicitor to the Board of Insurance Commissioners, in such form as
101-13   the Board may require.]
101-14         [Sec. 14.  NOTICE TO INSURANCE COMMISSIONERS OF SOLICITOR'S
101-15   APPOINTMENT; AUTHORITY TO SOLICIT.  (a)  No solicitor shall be
101-16   authorized to solicit insurance until after the State Board of
101-17   Insurance shall have been notified by a local recording agent of
101-18   his appointment, and no local recording agent shall accept business
101-19   tendered by a solicitor until such local recording agent has given
101-20   notice to the State Board of Insurance of such solicitor's
101-21   appointment as such, and until such solicitor has been licensed by
101-22   the State Board of Insurance.  No solicitor shall have outstanding
101-23   at any time a notification of appointment from more than one local
101-24   recording agent, and a solicitor shall solicit insurance only in
101-25   the name of and for the account of the local recording agent by
101-26   whom he has been appointed.]
 102-1         [(b)  If approval of an appointment of a currently licensed
 102-2   solicitor is not received from the Commissioner before the eighth
 102-3   day after the date on which the completed application and
 102-4   nonrefundable fee were received by the Commissioner, the solicitor
 102-5   and local recording agent may assume that the Commissioner approves
 102-6   the application, and the solicitor may act for the local recording
 102-7   agent.]
 102-8         [(c)  A licensed solicitor's appointment may be terminated
 102-9   either by the local recording agent who appointed the solicitor or
102-10   by the solicitor on the filing of notice with the Board of the
102-11   termination.]
102-12         [(d)  Upon termination for cause of the appointment of any
102-13   solicitor, the local recording agent shall immediately file with
102-14   the State Board of Insurance a statement of the facts relative to
102-15   the termination of the appointment and the date and cause thereof.
102-16   The Board shall thereupon record the termination of the appointment
102-17   of such solicitor to represent such local recording agent.  The
102-18   solicitor terminated for cause shall receive from the local
102-19   recording agent a copy of the notice sent to the State Board of
102-20   Insurance.]
102-21         [(e)  Any information, document, record or statement required
102-22   to be made or disclosed to the Board pursuant to this Article shall
102-23   be deemed privileged and confidential unless or until introduced
102-24   into evidence in an administrative hearing.]
102-25         [(f)  No liability may be imposed on any insurance carrier,
102-26   its employees or agents, or any other person, acting without
 103-1   malice, providing the information required to be disclosed pursuant
 103-2   to this section.]
 103-3         [Sec. 15.  FIRE INSURANCE IN EXCESS OF VALUE, WRITING OF
 103-4   FORBIDDEN.  It shall be unlawful for any local recording agent or
 103-5   solicitor for an insurance company or insurance carrier knowingly
 103-6   to grant, write or permit a greater amount of insurance against
 103-7   loss by fire than the reasonable value of the subject of insurance.]
 103-8         [Sec. 16.  SUSPENSION OR REVOCATION OF LICENSE.  (a)  The
 103-9   license of any local recording agent shall be suspended during a
103-10   period in which the agent does not have outstanding a valid
103-11   appointment to act as an agent for an insurance company.  The Board
103-12   shall end the suspension on receipt of evidence satisfactory to the
103-13   board that the agent has a valid appointment.  The Board shall
103-14   cancel the license of a solicitor if the solicitor does not have
103-15   outstanding a valid appointment to act as a solicitor for a local
103-16   recording agent, and shall suspend the license during a period that
103-17   the solicitor's local recording agent does not have outstanding a
103-18   valid appointment to act as an agent under this Article.]
103-19         [(b)  The department may discipline any local recording agent
103-20   or solicitor or deny an application under Section 5, Article
103-21   21.01-2, of this code if it finds that the applicant, individually
103-22   or through any officer, director, or shareholder, for or holder of
103-23   such license:]
103-24               [(1)  Has wilfully violated any provision of the
103-25   insurance laws of this state;]
103-26               [(2)  Has intentionally made a material misstatement in
 104-1   the application for such license;]
 104-2               [(3)  Has obtained, or attempted to obtain, such
 104-3   license by fraud or misrepresentation;]
 104-4               [(4)  Has misappropriated or converted to the
 104-5   applicant's or licensee's own use or illegally withheld money
 104-6   belonging to an insurer or an insured or beneficiary;]
 104-7               [(5)  Has been guilty of fraudulent or dishonest acts;]
 104-8               [(6)  Has materially misrepresented the terms and
 104-9   conditions of any insurance policies or contracts;]
104-10               [(7)  Has made or issued, or caused to be made or
104-11   issued, any statement misrepresenting or making incomplete
104-12   comparisons regarding the terms or conditions of any insurance
104-13   contract legally issued by an insurance carrier for the purpose of
104-14   inducing or attempting to induce the owner of such contract to
104-15   forfeit or surrender such contract or allow it to expire for the
104-16   purpose of replacing such contract with another;]
104-17               [(8)  Is convicted of a felony;]
104-18               [(9)  Is guilty of rebating any insurance premium or
104-19   discriminating as between insureds;]
104-20               [(10)  Is not engaged in the soliciting or writing of
104-21   insurance for the public generally as required by Section 5 of this
104-22   Article; or]
104-23               [(11)  Is afflicted with a disability as that term is
104-24   defined by Subsection (a) of Article 21.15-6 of this code.]
104-25         [(c)  The State Board of Insurance may order that a local
104-26   recording agent or solicitor who is afflicted with a disability be
 105-1   placed on disability probation under the terms and conditions
 105-2   specified under Article 21.15-6 of this code instead of taking
 105-3   disciplinary action under Subsection (b) of this section.]
 105-4         [(d)  A license applicant or licensee whose license
 105-5   application or license has been denied, refused, or revoked under
 105-6   this section may not apply for any license as an insurance agent
 105-7   before the first anniversary of the effective date of the denial,
 105-8   refusal, or revocation, or, if the applicant or licensee seeks
 105-9   judicial review of the denial, refusal, or revocation before the
105-10   first anniversary of the date of the final court order or decree
105-11   affirming that action.  The Commissioner may deny an application
105-12   timely filed if the applicant does not show good cause why the
105-13   denial, refusal, or revocation of the previous license application
105-14   or license should not be considered a bar to the issuance of a new
105-15   license.  This subsection does not apply to an applicant whose
105-16   license application was denied for failure to pass a required
105-17   written examination.]
105-18         [Sec. 18.  APPEAL.  If the Commissioner refuses an
105-19   application for license as provided by this article, or suspends,
105-20   revokes, or refuses to renew any license at a hearing as provided
105-21   by this article, and if the applicant or accused is dissatisfied
105-22   with the action of the Commissioner, the applicant or accused may
105-23   appeal from the action in accordance with Article 1.04 of this
105-24   Code.]
105-25         [Sec. 19.  NOTICE TO LAST ADDRESS.  Where notice to the
105-26   applicant or accused is provided for in any part of this article,
 106-1   notice by registered mail to his last known address shall be
 106-2   sufficient.]
 106-3         [Sec. 20.  LIFE, HEALTH AND ACCIDENT INSURANCE, INAPPLICABLE
 106-4   TO; OTHER EXCEPTIONS.  The provisions of this article do not apply
 106-5   to the Life, Health and Accident Insurance business or the Life,
 106-6   Health and Accident Department of the companies engaged therein,
 106-7   nor shall it apply to any of the following, namely:]
 106-8               [(a)  Any actual full-time home office salaried
 106-9   employee of any insurance carrier licensed to do business in Texas,
106-10   other than an employee who solicits or receives an application for
106-11   the sale of insurance through an oral, written, or electronic
106-12   communication in accordance with Section 20A of this article.]
106-13               [(b)  Any actual attorney in fact and its actual
106-14   traveling salaried representative as to business transacted through
106-15   such attorney in fact or salaried representative of any reciprocal
106-16   exchange or interinsurance exchange admitted to do business in
106-17   Texas.]
106-18               [(c)  Any adjuster of losses, and/or inspector of
106-19   risks, for an insurance carrier licensed to do business in Texas.]
106-20               [(d)  Any General Agent or State Agent or Branch
106-21   Manager representing an admitted and licensed insurance company or
106-22   carrier, or insurance companies or carriers, in a supervisory
106-23   capacity.]
106-24               [(e)  The actual attorney in fact for any Lloyds.]
106-25               [(f)  All incorporated or unincorporated mutual
106-26   insurance companies, their agents and representatives, organized
 107-1   and/or operating under and by authority of Chapters 16 and 17 of
 107-2   this code.]
 107-3               [(g)  Nothing in this entire article shall ever be
 107-4   construed to apply to any member, agent, employee, or
 107-5   representative of any county or farm mutual insurance company as
 107-6   exempted under Chapters 16 and 17 of this code.]
 107-7               [(h)  Nothing in this article shall apply to the group
 107-8   motor vehicle insurance business or the group motor vehicle
 107-9   department of the companies engaged in that business.]
107-10               [(i)  Salaried employees not involved in solicitation
107-11   or negotiation of insurance in the office of a local recording
107-12   agent who devote their full time to clerical and administrative
107-13   services, including the incidental taking of information from
107-14   customers and receipt of premiums in the office of a local
107-15   recording agent, provided the employees do not receive any
107-16   commissions and their compensation is not varied by the volume of
107-17   premiums taken and received.]
107-18         [Sec. 20A.  FULL-TIME HOME OFFICE SOLICITORS:  MANDATORY
107-19   REGISTRATION, CONTINUING EDUCATION, AND NOTIFICATION TO CONSUMERS;
107-20   DISCIPLINARY ACTIONS.  (a)  Any actual full-time home office
107-21   salaried employee of any insurance carrier licensed to do business
107-22   in Texas who solicits or receives an application for the sale of
107-23   insurance through an oral, written, or electronic communication
107-24   shall register with the commissioner.]
107-25         [(b)  Any insurance carrier licensed to do business in Texas
107-26   whose general plan of operation includes the use of employees
 108-1   described in Subsection (a) of this section shall certify to the
 108-2   commissioner that such employees receive continuing education of
 108-3   not less than 15 hours per year designed to give such employees:]
 108-4               [(1)  reasonable familiarity with the broad principles
 108-5   of insurance, with licensing and regulatory laws, and with
 108-6   provisions, terms, and conditions of the insurance which the
 108-7   registrant transacts; and]
 108-8               [(2)  a fair and general understanding of the
 108-9   obligations and duties of an insurer to an insured, including
108-10   training in ethical considerations.]
108-11         [(c)  The registration of any actual full-time home office
108-12   salaried employee shall be suspended and the employer insurance
108-13   carrier may be disciplined in accordance with the insurance laws of
108-14   this state, if the commissioner finds that the registrant:]
108-15               [(1)  has wilfully violated any provision of this code,
108-16   the laws of this state, or a rule of the commissioner;]
108-17               [(2)  has been guilty of fraudulent or dishonest acts;]
108-18               [(3)  has materially misrepresented the terms and
108-19   conditions of any insurance policies or contracts;]
108-20               [(4)  has made or issued, or caused to be made or
108-21   issued, any statement misrepresenting or making incomplete
108-22   comparisons regarding the terms or conditions of any insurance
108-23   contract legally issued by an insurance carrier for the purpose of
108-24   inducing or attempting to induce the owner of such contract to
108-25   forfeit or surrender such contract or allow it to expire for the
108-26   purpose of replacing such contract with another;]
 109-1               [(5)  is guilty of rebating any insurance premium or
 109-2   discriminating as between insureds; or]
 109-3               [(6)  has been convicted of a felony involving fraud or
 109-4   breach of fiduciary duty.]
 109-5         [(d)  Registrants under this section shall disclose such
 109-6   registration when making an oral, written, or electronic
 109-7   communication to solicit or receive an application for the sale of
 109-8   insurance.]
 109-9         [(e)  The commissioner shall adopt rules to implement the
109-10   provisions of this section.]
109-11         [Sec. 21.  FEES, DISPOSITION OF; APPROPRIATIONS.  The fees
109-12   herein provided for, when collected, shall be deposited in the
109-13   State Treasury to the credit of the State Board of Insurance
109-14   operating fund; provided that no expenditures shall be made from
109-15   said fund except under authority of the Legislature as set forth in
109-16   the General Appropriation Bill; provided further that no
109-17   appropriation shall ever be made out of the General Revenue Fund
109-18   for the purpose of administering this article or any provision
109-19   thereof.]
109-20         [Sec. 22.  REBATES OR INDUCEMENTS FORBIDDEN.  It shall be
109-21   unlawful for any local recording agent to pay, allow, give or offer
109-22   to pay, allow or give, directly or indirectly, any rebate of
109-23   premiums payable, any commission, or any paid employment or
109-24   contract for service of any kind or anything of value whatsoever,
109-25   or any valuable consideration or inducement whatever, not specified
109-26   in the policy or contract of insurance for or on account of the
 110-1   solicitation or negotiation of contracts of insurance on property
 110-2   or risks in this State to any person, firm or corporation, other
 110-3   than a duly licensed solicitor appointed by such local recording
 110-4   agent, or to another local recording agent.]
 110-5         [It shall be unlawful for any solicitor to pay, allow or give
 110-6   or offer to pay, allow or give, directly or indirectly, any rebate
 110-7   of premiums payable, any commission, or any paid employment or
 110-8   contract for service of any kind, or anything of value whatsoever,
 110-9   or any valuable consideration or inducement whatever, not specified
110-10   in the policy or contract of insurance, for or on account of the
110-11   solicitation or negotiation of contracts of insurance on property
110-12   or risks in this State to any person, firm or corporation.]
110-13         [Sec. 23.  REPEAL; LAWS NOT IN CONFLICT NOT AFFECTED; ACT
110-14   CUMULATIVE.  All laws or parts of laws pertaining to any phase of
110-15   the insurance business, which are in conflict with this article,
110-16   shall be and the same are hereby repealed; but all laws, Civil and
110-17   Criminal, affecting insurance agents, and/or insurance companies or
110-18   insurance carriers or the insurance business, which are not in
110-19   conflict herewith, shall not be affected by the provisions of this
110-20   article;  but this article shall be deemed cumulative of such laws.]
110-21         [Sec. 24.  VIOLATION OF ACT.  Any person or any member of any
110-22   firm, or any corporation or bank, or any officer, director,
110-23   shareholder or employee of any corporation or bank who violates any
110-24   of the provisions of Sections 4, 15 and 22 of this Article shall be
110-25   guilty of a misdemeanor, and on conviction in a court of competent
110-26   jurisdiction, shall be punished by a fine of not less than One
 111-1   Dollar ($1.00) nor more than One Hundred Dollars ($100.00).]
 111-2         [Sec. 25.  ENFORCEMENT OF ARTICLE.  The Attorney General, or
 111-3   any District or County Attorney, or the Board of Insurance
 111-4   Commissioners, may institute any injunction proceeding or such
 111-5   other proceeding to enforce the provisions of this article, and to
 111-6   enjoin any person, firm or corporation from engaging or attempting
 111-7   to engage in any of the business in violation of this article or
 111-8   any of the provisions thereof.  The provisions of this section are
 111-9   cumulative of the other penalties or remedies provided for in this
111-10   article.]
111-11         [Sec. 26.  ADMINISTRATION OF ARTICLE.  The administration of
111-12   the provision of this article shall be vested in the Board of
111-13   Insurance Commissioners, and of the administrative officer of the
111-14   various counties in which the violation of any provision of this
111-15   article may occur; and the personnel charged with the direct
111-16   supervision of the article, except the regularly elected law
111-17   enforcement officers and their appointees, shall be responsible to
111-18   and serve at the will of the Board of Insurance Commissioners.  It
111-19   shall be the duty of the Board of Insurance Commissioners and the
111-20   Attorney General, and of the District and County Attorneys in
111-21   counties where violations of this article may occur, to see that
111-22   its provisions are at all times obeyed, and to make such
111-23   investigations as will prevent or detect the violation of any
111-24   provision thereof.  The Board of Insurance Commissioners shall at
111-25   once lay before the District or County Attorney of the proper
111-26   county, any evidence which shall come to its knowledge, of
 112-1   criminality or threatened criminality under this article.  In the
 112-2   event of the neglect or refusal of such Attorney to institute and
 112-3   prosecute such violation, or to enforce the other remedies provided
 112-4   by this article, the Board shall submit such evidence to the
 112-5   Attorney General, who is hereby authorized to proceed therein with
 112-6   all the rights, privileges and powers conferred by law upon
 112-7   District or County Attorneys.  Provided, any person having
 112-8   knowledge of the violation of the provisions of this article may
 112-9   file a complaint for such violation with the proper officers as in
112-10   other misdemeanor cases.  The Board of Insurance Commissioners is
112-11   given the power and authority, as a requisite for granting or
112-12   renewing a license to insurance companies or insurance carriers,
112-13   their local recording agents or solicitors, to require answers
112-14   under oath to any questions propounded by the said Board or under
112-15   its authority, and touching any phase of insurance business in the
112-16   State of Texas in which said insurance company or insurance
112-17   carrier, or such person or firm, shall be engaged, and to require
112-18   such person or firm seeking appointment as local recording agent to
112-19   submit his books, records, and accounts, insofar as they may be
112-20   material to any phase of insurance business, to examination and
112-21   inspection by the Board or any person acting under its authority.]
112-22         [Sec. 27.  RULES.  In addition to other rules required or
112-23   authorized by this article, the commissioner may adopt rules in
112-24   accordance with federal law applicable to the regulation of the
112-25   sale of insurance that are necessary and proper to carry out the
112-26   provisions of this article.]
 113-1                  ARTICLE 4.  NONRESIDENT AGENT LICENSE
 113-2         SECTION 4.01.  Section 1, Article 21.11, Insurance Code, is
 113-3   amended to read as follows:
 113-4         Sec. 1.  NONRESIDENT AGENT LICENSE.  (a)  The
 113-5   [Notwithstanding Sections 3(a) and (b), Article 21.14, of this
 113-6   code, the] department shall license a person who is not a resident
 113-7   of this state to act as a nonresident agent if the department finds
 113-8   that:
 113-9               (1)  the state in which the person resides accords the
113-10   same privilege to a person who is a resident of this state;
113-11               (2)  the applicant for the nonresident license:
113-12                     (A)  if an individual:
113-13                           (i)  holds a license as an agent in the
113-14   state of residence and either obtained the license by passing a
113-15   written examination or held the license before the time a written
113-16   examination was required to obtain the license; or
113-17                           (ii)  subject to Subsection (b) of this
113-18   section, has passed the examination for an agent's license required
113-19   under Article 21.01-1 of this code and satisfies the requirements
113-20   adopted under Section 2, Article 21.07, of this code for licensing
113-21   of an individual; or
113-22                     (B)  if a corporation or partnership:
113-23                           (i)  has provided evidence of the authority
113-24   or ability to act as an agent in the entity's state of domicile;
113-25                           (ii)  has satisfied the requirements
113-26   adopted under Section 2, Article 21.07, of this code for licensing
 114-1   of a corporation or partnership; and
 114-2                           (iii)  is domiciled in a state that has
 114-3   entered into a reciprocal agreement with the commissioner as
 114-4   provided by Subsection (b) of this section; and
 114-5               (3)  the applicant or any officer, director,
 114-6   shareholder, member, or partner of an applicant that is a business
 114-7   entity, required to file biographical information with the
 114-8   department under Article 21.07 of this code, has not:
 114-9                     (A)  committed an act that constitutes grounds
114-10   for denial, suspension, or revocation of a license under Article
114-11   21.01-2 of this code; or
114-12                     (B)  had an insurance license suspended or
114-13   revoked by the department or the insurance regulator of another
114-14   state.
114-15         (b)  The commissioner may enter into a reciprocal agreement
114-16   with the appropriate official of another state waiving the written
114-17   examination requirement for an applicant who is a resident of that
114-18   state if:
114-19               (1)  a written examination is required of applicants
114-20   for an agent's license in the other state;
114-21               (2)  the appropriate official of the other state
114-22   certifies that the applicant holds a license as an agent in the
114-23   other state and either passed a written examination to obtain the
114-24   license or was the holder of an agent's license before the time a
114-25   written examination was required; and
114-26               (3)  in the other state, a resident of this state is
 115-1   entitled to obtain an agent's license under the same conditions and
 115-2   without discrimination as to fees or otherwise in favor of the
 115-3   residents of the other state.
 115-4         (c)  A person who resides in a town through which the state
 115-5   line runs and whose residence is located in the town in the
 115-6   adjoining state may be licensed as a resident agent if the person
 115-7   maintains the person's business office in this state [in accordance
 115-8   with Article 21.14 of this code, subject to the limitations of this
 115-9   article].
115-10         (d)  The [(b)  An applicant for issuance of a license under
115-11   this section must meet the requirements for issuance of a license
115-12   under Article 21.14 of this code, except that the] department may
115-13   [shall] waive any [of those] license requirements for an applicant
115-14   with a valid license from another state or jurisdiction if:
115-15               (1)  that state or jurisdiction has license
115-16   requirements substantially equivalent to those of this state; or
115-17               (2)  the waiver is necessary to promote uniformity
115-18   among the various states in regard to insurance agent licensing
115-19   requirements.
115-20         (e)  The commissioner shall be the attorney for service of
115-21   process on whom all lawful process, notice, or demand may be served
115-22   in any legal proceeding against a nonresident agent licensed to
115-23   transact business in this state if:
115-24               (1)  the nonresident agent fails to appoint or maintain
115-25   an attorney for service in this state;
115-26               (2)  an attorney for service is appointed but cannot
 116-1   with reasonable diligence be found; or
 116-2               (3)  the license of the nonresident agent is revoked.
 116-3         SECTION 4.02.  Subsections (a) and (b), Section 2, Article
 116-4   21.11, Insurance Code, are amended to read as follows:
 116-5         (a)  Except as otherwise specifically provided by this code
 116-6   [section], a license issued under this article to an individual who
 116-7   is not a resident of this state grants the same rights and
 116-8   privileges afforded to a resident license holder [under a license
 116-9   issued under Article 21.14 of this code].
116-10         (b)  A person who holds a license issued under this article
116-11   and who is in compliance with the continuing education requirements
116-12   of the person's state of residence is exempt from the continuing
116-13   education requirements imposed under Article 21.01-1 of this code
116-14   [may not:]
116-15               [(1)  maintain an office in this state;]
116-16               [(2)  solicit insurance business in this state by any
116-17   method, including an oral, written, or electronic communication; or]
116-18               [(3)  employ solicitors or others to directly or
116-19   indirectly solicit insurance in this state].
116-20         SECTION 4.03.  Section 3, Article 21.11, Insurance Code, is
116-21   amended to read as follows:
116-22         Sec. 3.  LIMITATIONS.  (a)  This article does not permit:
116-23               (1)  any person or firm licensed solely as a broker in
116-24   the person's or firm's state of residence to be granted a license
116-25   under this article; or
116-26               (2)  a holder of a license issued under this article to
 117-1   act as a surplus lines agent under Article 1.14-2 of this code or
 117-2   to perform any of the acts permitted under Article 1.14-2 of this
 117-3   code, except as provided under Section 10, Article 21.54, of this
 117-4   code[; or]
 117-5               [(3)  any person or firm who holds a license issued
 117-6   under this article to engage in any form of direct solicitation of
 117-7   insurance within this state].
 117-8         (b)  This subchapter [The commissioner shall revoke a
 117-9   nonresident agent's license issued under this article if the
117-10   commissioner finds that the license was obtained or is being used
117-11   for the purpose of transacting insurance through a local recording
117-12   agent in a manner that permits the individual licensed under this
117-13   article, by subterfuge, to transact insurance as a local recording
117-14   agent.]
117-15         [(c)  In the circumstances described by Subsection (b) of
117-16   this section, the commissioner shall also revoke the license of the
117-17   affected local recording agent.]
117-18         [(d)  A license revoked under Subsection (b) or (c) of this
117-19   section is not subject to reissuance before the fifth anniversary
117-20   of the date the revocation is effective.]
117-21         [(e)  The commissioner shall order that any insurance
117-22   transacted under an arrangement described by Subsection (b) of this
117-23   section be cancelled.]
117-24         [(f)  Article 21.01-2 of this code] applies to licensing of a
117-25   nonresident agent under this article.
117-26         SECTION 4.04.  Sections 4 and 5, Article 21.11, Insurance
 118-1   Code, are amended to read as follows:
 118-2         Sec. 4.  HOME OFFICE EMPLOYEE.  This article does not affect
 118-3   the authority established under Section 7 [20], Article 21.14, of
 118-4   this code of an actual full-time home office salaried employee of
 118-5   an insurance carrier licensed to do business in this state.
 118-6         Sec. 5.  RULES.  The commissioner may adopt rules as
 118-7   necessary to implement this article and to meet the minimum
 118-8   requirements of federal law and regulations.
 118-9                    ARTICLE 5.  CONFORMING AMENDMENTS
118-10         SECTION 5.01.  Section 1, Article 3.71, Insurance Code, is
118-11   amended to read as follows:
118-12         Sec. 1.  Notwithstanding any contrary or inconsistent
118-13   provision of any law, two or more insurance companies authorized to
118-14   separately do such an insurance business in this state, including
118-15   stock companies, reciprocals, or inter-insurance exchanges, Lloyds'
118-16   associations, fraternal benefit societies and mutual companies of
118-17   all kinds, including state-wide mutual assessment corporations and
118-18   local mutual aid associations, and stipulated premium companies,
118-19   may join together to offer, sell and administer hospital, surgical
118-20   and medical expense insurance plans under a group policy covering
118-21   residents of this state who are sixty-five (65) years of age and
118-22   older and their spouses on which policy each insurance carrier
118-23   shall be severally liable, and such companies may agree with
118-24   respect to premium rates, policy provisions, sales, administrative,
118-25   technical and accounting procedures and other matters within the
118-26   scope of this Article.  Such companies may issue such insurance
 119-1   policies in their own names or in the name of an unincorporated
 119-2   association, trust, or other organization formed for the sole
 119-3   purposes of this Article and evidenced by a contract in writing
 119-4   executed by the participating insurance companies, and any
 119-5   unincorporated associations, trusts, or other organizations
 119-6   heretofore formed for the sole purpose of this Article and
 119-7   evidenced by a contract in writing executed by the participating
 119-8   insurance companies is hereby ratified, confirmed and approved and
 119-9   validated from the date of its formation.  Any such policy may be
119-10   executed on behalf of the insurance companies by a duly authorized
119-11   person and need not be countersigned on behalf of any such company
119-12   by a resident agent.  Any person who is licensed as a general life,
119-13   accident, and health [insurance] agent or as a general property and
119-14   casualty [local recording] agent [or as a solicitor] under Article
119-15   [the provisions of Articles 21.07,] 21.07-1[,] or [Article] 21.14
119-16   of this code [the Insurance Code of the State of Texas,] may act as
119-17   such agent in connection with policies of insurance or certificates
119-18   of insurance issued by any unincorporated association, trust or
119-19   other organization formed for the sole purposes of this Article
119-20   without the necessity of notifying the department [State Board of
119-21   Insurance] that such person is appointed to so act.
119-22         SECTION 5.02.  Section 7, Article 3.75, Insurance Code, is
119-23   amended to read as follows:
119-24         Sec. 7.  VARIABLE CONTRACT AGENTS LICENSE.
119-25   (a)  Notwithstanding any other law of this state, no person shall
119-26   sell or offer for sale within this state a variable contract or do
 120-1   or perform any act or thing in the sale, negotiation, making, or
 120-2   consummating of any variable contract other than for himself,
 120-3   unless such person shall have a valid and current license issued
 120-4   under Article 21.07-1 of this code [certificate from the State
 120-5   Board of Insurance] authorizing such person to act within this
 120-6   state as a general life, accident, and health [variable] agent.
 120-7   [No such certificate shall be issued unless and until said board is
 120-8   satisfied, after examination, that such person is by training,
 120-9   knowledge, ability, and character qualified to act as such agent.
120-10   Any such certificate may be withdrawn and cancelled by said board,
120-11   after notice and hearing, if it shall find that the holder thereof
120-12   does not then have the qualifications required for issue of such
120-13   certificate.]
120-14         (b)  The licensing and regulation of a person acting as a
120-15   variable agent is subject to the same provisions applicable to the
120-16   licensing and regulation of other agents under Subchapter A,
120-17   Chapter 21, of this code.  [The Commissioner of Insurance shall
120-18   collect in advance from variable agent applicants a nonrefundable
120-19   license fee in an amount not to exceed $50.  Unless the State Board
120-20   of Insurance accepts a qualifying examination administered by a
120-21   testing service, as provided under Article 21.01-1, Insurance Code,
120-22   as amended, the Commissioner of Insurance shall collect in advance
120-23   from variable agent applicants an examination fee in an amount not
120-24   to exceed $20.  The State Board of Insurance shall determine the
120-25   amount of the fees.  A new examination fee shall be paid for each
120-26   and every examination.  The examination fee shall not be returned
 121-1   under any circumstance other than for failure to appear and take
 121-2   the examination after the applicant has given at least 24 hours
 121-3   notice of an emergency situation to the Commissioner of Insurance
 121-4   and received the Commissioner's approval.  All fees collected
 121-5   pursuant to this section shall be deposited in the State Treasury
 121-6   to the credit of the State Board of Insurance operating fund to be
 121-7   used to administer the provisions of this section and Article
 121-8   21.07-1, Insurance Code, as amended.]
 121-9         [(c)  Each license issued to a variable contract agent shall
121-10   expire two years following the date of issue, unless prior thereto
121-11   it is suspended or revoked by the Commissioner of Insurance.]
121-12         [(d)  The Commissioner of Insurance shall suspend the license
121-13   of a variable agent during any period in which the agent does not
121-14   have an outstanding valid appointment.  The Commissioner of
121-15   Insurance shall lift the suspension on receipt by the State Board
121-16   of Insurance of acceptable notice of a valid appointment.]
121-17         [(e)  A license applicant or licensee whose license
121-18   application or license has been denied, refused, or revoked under
121-19   this section may not apply for any license as an insurance agent
121-20   before the first anniversary of the effective date of the denial,
121-21   refusal, or revocation, or, if the applicant or licensee seeks
121-22   judicial review of the denial, refusal, or revocation, before the
121-23   first anniversary of the date of the final court order or decree
121-24   affirming that action.  The Commissioner of Insurance may deny an
121-25   application timely filed if the applicant does not show good cause
121-26   why the denial, refusal, or revocation of the previous license
 122-1   application or license should not be considered a bar to the
 122-2   issuance of a new license.]
 122-3         [(f)  Licenses which have not expired or which have not been
 122-4   suspended or revoked may be renewed by filing with the State Board
 122-5   of Insurance a completed renewal application and paying the
 122-6   nonrefundable renewal fee set by the board in an amount not to
 122-7   exceed $50 on or before the expiration date of the license in
 122-8   accordance with Article 21.01-2 of this code.]
 122-9         [(g)  Any agent licensed under this article may represent and
122-10   act as an agent for more than one insurance carrier any time while
122-11   the license is in force, if the agent so desires.  Any such agent
122-12   and the insurance carrier involved must give notice to the State
122-13   Board of Insurance of any additional appointment or appointments
122-14   authorizing the agent to act as agent for an additional insurance
122-15   carrier or carriers.  Such notice shall be accompanied by a
122-16   certificate from each insurance carrier to be named in each
122-17   additional appointment that said insurance carrier desires to
122-18   appoint the applicant as its agent.  This notice shall also contain
122-19   such other information as the State Board of Insurance may require.
122-20   The agent or company shall be required to pay a nonrefundable fee
122-21   in an amount not to exceed $16 as determined by the State Board of
122-22   Insurance for each additional appointment applied for, which fee
122-23   shall accompany the notice.  If approval of the additional
122-24   appointment is not received from the board before the eighth day
122-25   after the date on which the completed application and fee were
122-26   received by the board, the agent and the insurance carrier, in the
 123-1   absence of notice of disapproval, may assume that the board
 123-2   approves the application, and the agent may act for the insurance
 123-3   carrier.  All fees collected pursuant to this section shall be
 123-4   deposited in the State Treasury to the credit of the State Board of
 123-5   Insurance operating fund to be used to administer the provisions of
 123-6   this article and Article 21.07-1, Insurance Code, as amended.]
 123-7         [(h)  Duplicate License; Fee.  The Commissioner of Insurance
 123-8   shall collect in advance from agents requesting duplicate licenses
 123-9   a fee not to exceed $20.  The State Board of Insurance shall
123-10   determine the amount of the fee.]
123-11         SECTION 5.03.  Subsection (c), Article 5.13-1, Insurance
123-12   Code, is amended to read as follows:
123-13         (c)  The right of such insurers to issue prepaid legal
123-14   services contracts on individual, group, or franchise bases is
123-15   hereby recognized, and qualified agents of such insurers who are
123-16   licensed under Article 21.07-1 or [Articles 21.07 and] 21.14 of
123-17   this code [the Insurance Code, as amended, and Chapter 213, Acts of
123-18   the 54th Legislature, 1955, as amended (Article 21.07-1, Vernon's
123-19   Texas Insurance Code),] shall be authorized to write such coverages
123-20   under such rules [and regulations] as the commissioner [State Board
123-21   of Insurance] may prescribe.
123-22         SECTION 5.04.  Chapter 10, Insurance Code, is amended by
123-23   adding Article 10.37-3 to read as follows:
123-24         Art. 10.37-3.  AGENT'S LICENSE REQUIRED.  (a)  A person may
123-25   not solicit or procure insurance contracts on behalf of a fraternal
123-26   benefit society unless the person holds a license issued by the
 124-1   department under this code or is specifically exempted from the
 124-2   license requirement as provided by Section 2, Article 21.07-1, of
 124-3   this code.
 124-4         (b)  The licensing and regulation of agents for fraternal
 124-5   benefit societies under this chapter is subject to the requirements
 124-6   adopted under Subchapter A, Chapter 21, of this code and other
 124-7   existing or subsequent applicable laws governing the licensing of
 124-8   those agents.  A provision of such a law is applicable to a license
 124-9   applicant and license holder under this chapter.
124-10         SECTION 5.05.  Article 16.24A, Insurance Code, is amended to
124-11   read as follows:
124-12         Art. 16.24A.  LICENSING OF AGENTS [FOR CROP INSURANCE].
124-13   (a)  No person or firm shall solicit, write, sign, execute or
124-14   deliver insurance policies, bind insurance risks, collect premiums,
124-15   or otherwise act in the capacity of an insurance agent [a local
124-16   recording agent] in the solicitation or sale of [crop] insurance
124-17   for a farm mutual insurance company unless the person or firm holds
124-18   a license issued [is licensed] under Subchapter A, Chapter 21,
124-19   [Article 21.14] of this code.
124-20         (b)  A farm mutual insurance company may not appoint and act
124-21   through an agent [who qualifies for a license as an agricultural
124-22   insurance agent] under Article 21.14-2 of this code.
124-23         SECTION 5.06.  Section 9, Article 17.25, Insurance Code, is
124-24   amended to read as follows:
124-25         Sec. 9.  AGENTS' LICENSE.  Agents [or solicitors] for such
124-26   companies shall be licensed and appointed as provided by Subchapter
 125-1   A, Chapter 21, [in Article 21.07 or 21.14] of this Code.
 125-2         SECTION 5.07.  Sections 4, 19, and 21, Managing General
 125-3   Agents' Licensing Act (Article 21.07-3, Vernon's Texas Insurance
 125-4   Code), are amended to read as follows:
 125-5         Sec. 4.  REDEMPTION OF SHARES [APPLICATION FOR LICENSE; TO
 125-6   WHOM LICENSE MAY BE ISSUED].  [(a)  Each applicant for license
 125-7   shall be a resident of Texas and file a written sworn application
 125-8   on forms furnished by the Commissioner.  The applicant shall
 125-9   include in the application the names and addresses of the
125-10   applicant's officers, directors, shareholders, or partners, if
125-11   applicable, and affiliates.]
125-12         [(b)  The Commissioner shall issue a license to an individual
125-13   applicant upon successful completion of the examination and
125-14   compliance with the other requirements of this Act.]
125-15         [(c)  The Commissioner shall issue a license to a general
125-16   partnership, or to a limited liability partnership registered with
125-17   the Secretary of State under Section 3.08, Texas Revised
125-18   Partnership Act (Article 6132b-3.08, Vernon's Texas Civil
125-19   Statutes), engaging in the business of insurance if each of the
125-20   partners is licensed as an agent under this Act.  The term
125-21   "partnership" or "agency partnership" as used in this Act means a
125-22   general partnership or a registered limited liability partnership.]
125-23         [(d)  The Commissioner shall issue a license to a corporation
125-24   on finding:]
125-25               [(1)  that the corporation is a Texas corporation
125-26   having its principal place of business in the State of Texas and
 126-1   having as one of its purposes the authority to act as a managing
 126-2   general agent; and]
 126-3               [(2)  that every officer, director, and shareholder of
 126-4   the corporation is individually licensed as a managing general
 126-5   agent under the provisions of this Insurance Code; provided,
 126-6   however, that in the event ownership of the shares of such
 126-7   corporation is acquired through devise or descent by an unlicensed
 126-8   shareholder, the corporation shall still be entitled to a license
 126-9   if such unlicensed shareholder qualifies as a licensed managing
126-10   general agent or disposes of the shares to a licensed managing
126-11   general agent within 90 days after the date of such stock
126-12   acquisition.  If an unlicensed person acquires shares in such a
126-13   corporation and does not qualify to be licensed as a managing
126-14   general agent and the person does not dispose of the shares within
126-15   the 90-day period to a licensed managing general agent, the shares
126-16   must be purchased by the corporation for the value of the shares of
126-17   stock as reflected by the regular books and records of the
126-18   corporation on the date of the acquisition of the shares by the
126-19   unlicensed person.  If the corporation fails or refuses to purchase
126-20   the shares, the corporation's license shall be cancelled.]
126-21         [(e)]  A corporation may redeem the shares of any shareholder
126-22   or the shares of a deceased shareholder, on terms agreed on by the
126-23   board of directors and the shareholder or the shareholder's
126-24   personal representative or at a price and on terms provided in the
126-25   articles of incorporation, the bylaws, or an existing contract
126-26   entered into between the shareholders of the corporation.
 127-1         [(f)  Nothing contained herein shall be construed to permit
 127-2   any unlicensed shareholder or any employee or agent of any
 127-3   corporation licensed as a managing general agent to perform any act
 127-4   of a managing general agent without obtaining a managing general
 127-5   agent's license.]
 127-6         [(g)  If at any time, any person holding a managing general
 127-7   agent's license does not maintain the qualifications necessary to
 127-8   obtain a license, the license of such person to act as a managing
 127-9   general agent shall be cancelled or denied in accordance with the
127-10   other provisions of this Act.]
127-11         [(h)  Nothing in this section shall prevent any shareholder
127-12   from selling or otherwise transferring stock in any corporation to
127-13   a company or managing general agent licensed to do business in
127-14   Texas, nor prevent any such company or managing general agent from
127-15   owning all or any portion of the stock of such corporation.]
127-16         [(i)  Each corporation licensed as a managing general agent
127-17   shall notify the Commissioner of any change in its officers,
127-18   directors, or shareholders not later than the 30th day after the
127-19   date on which the change takes effect.]
127-20         [(j)  In this Act the term "corporation" shall mean a
127-21   corporation organized under the Texas Business Corporation Act or a
127-22   Texas domiciled limited liability company organized or existing
127-23   under the Texas Limited Liability Company Act (Article 1528n,
127-24   Vernon's Texas Civil Statutes) having its principal place of
127-25   business in this state and having as one of its purposes the
127-26   authority to act as a managing general insurance agent.  Each
 128-1   officer, manager, and member of a limited liability company must be
 128-2   licensed under this Act.  The licensing and regulation of a limited
 128-3   liability company shall be subject to the same provisions and
 128-4   requirements of this Act that are applicable to corporations
 128-5   licensed under this Act.]
 128-6         Sec. 19.  ADMINISTRATION AND REGULATION OF MANAGING GENERAL
 128-7   AGENTS; VIOLATIONS OF ACT.  (a)  The licensing and regulation of a
 128-8   person acting as a managing general agent is subject to the laws
 128-9   and requirements applicable to the licensing and regulation of
128-10   other agents under Subchapter A, Chapter 21, Insurance Code.
128-11         (b)  Any person, firm, or corporation who violates any of the
128-12   provisions of this Act or any rule, regulation, or order adopted
128-13   under this Act or Subchapter A, Chapter 21, Insurance Code, shall
128-14   be subject to:
128-15               (1)  Sections 2A, 3A, 4A, 5A, and 6A, Article 21.01-2,
128-16   Insurance Code; and
128-17               (2)  [sanctions under] Section 7, Article 1.10,
128-18   Insurance Code.
128-19         Sec. 21.  ADMINISTRATION OF ACT.  The administration of this
128-20   Act shall be vested in the commissioner, [State Board of Insurance]
128-21   who may establish, and from time to time amend, reasonable rules
128-22   [and regulations] for the administration of this Act.
128-23         SECTION 5.08.  Article 22.14, Insurance Code, is amended to
128-24   read as follows:
128-25         Art. 22.14.  LICENSING OF AGENTS.  All agents of stipulated
128-26   premium companies shall be licensed in accordance with the
 129-1   provisions of Subchapter A [Art. 21.07] of Chapter 21 of this Code.
 129-2         SECTION 5.09.  Chapter 23, Insurance Code, is amended by
 129-3   adding Article 23.23A to read as follows:
 129-4         Art. 23.23A.  REGULATION OF AGENTS.  The licensing and
 129-5   regulation of an agent authorized to solicit prepaid legal services
 129-6   contracts for corporations complying with this chapter is subject
 129-7   to Subchapter A, Chapter 21, of this code.
 129-8                        ARTICLE 6.  SURPLUS LINES
 129-9         SECTION 6.01.  Subdivision (1), Subsection (a), Section 2,
129-10   Article 1.14-2, Insurance Code, is amended to read as follows:
129-11               (1)  "Surplus lines agent" means:
129-12                     (A)  [(i) is] an agent authorized under Article
129-13   21.14 who is granted a surplus lines license in accordance with
129-14   this Article; or
129-15                     (B)  [, (ii) is] a managing general agent who is
129-16   [(authorized to be licensed and] licensed under the Managing
129-17   General Agents' Licensing Act[, Acts, 1967, 60th Legislature,
129-18   Chapter 727, codified by Vernon as] (Article 21.07-3, Vernon's
129-19   Texas Insurance Code) who is granted a surplus lines license in
129-20   accordance with this Article and who complies with the provisions
129-21   of this Article, except it is not necessary that the managing
129-22   general agent be licensed as a general property and casualty
129-23   [recording] agent[, or (iii) is a nonresident insurance agent
129-24   authorized under Article 21.11 and who is granted a surplus lines
129-25   license for the limited purpose of acting on behalf of a purchasing
129-26   group operating in this state in the placement of liability
 130-1   insurance for risks located in this state].
 130-2         SECTION 6.02.  Subdivision (2), Subsection (a), Section 2,
 130-3   Article 1.14-2, Insurance Code, is amended to read as follows:
 130-4               (2)  A [Each "]surplus lines agent,["] as a condition
 130-5   of being licensed as a surplus lines agent and as a condition of
 130-6   continuing to be licensed as a surplus lines agent, shall offer the
 130-7   proof of financial responsibility [solvency and demonstrate
 130-8   capacity in respect of responsibility to insureds under policies of
 130-9   surplus lines insurance, or in the alternative show proof of
130-10   adequate bond and surety] in respect of [his] transactions with
130-11   insureds under policies of surplus lines insurance [and] as
130-12   required by [the] reasonable rules [and regulations] of the
130-13   department [State Board of Insurance shall provide].
130-14         SECTION 6.03.  Subdivision (3), Subsection (a), Section 2,
130-15   Article 1.14-2, Insurance Code, is amended to read as follows:
130-16               (3)  Any surplus lines license granted to an agency
130-17   authorized under the Managing General Agents' Licensing Act
130-18   (Article 21.07-3, Vernon's Texas Insurance Code), but[, Acts, 1967,
130-19   60th Legislature, Chapter 727, that is] not [also] licensed under
130-20   Article 21.14 of this code, [the Insurance Code] shall be limited
130-21   to the acceptance of business originating through a regularly
130-22   licensed general property and casualty [recording] agent and does
130-23   [shall] not authorize the [such] surplus lines agency to transact
130-24   business directly with the applicant for insurance.
130-25         SECTION 6.04.  Subsection (b), Section 4, Article 1.14-2,
130-26   Insurance Code, is amended to read as follows:
 131-1         (b)  The department [Texas Department of Insurance] may issue
 131-2   a surplus lines license to an applicant if the applicant submits a
 131-3   properly completed license application and an application fee as
 131-4   determined by the department and the department determines that the
 131-5   applicant [an agent as defined by Subdivision (1) of Subsection (a)
 131-6   of Section 2 of this article after the agent has]:
 131-7               (1)  is an individual who:
 131-8                     (A)  is a resident of this state;
 131-9                     (B)  is currently licensed as a general property
131-10   and casualty agent under Article 21.14 of this code or as a
131-11   managing general agent under the Managing General Agents' Licensing
131-12   Act (Article 21.07-3, Vernon's Texas Insurance Code);
131-13                     (C)  has passed the surplus lines license
131-14   examination administered under Article 21.01-1 of this code and
131-15   department rules; and
131-16                     (D)  provides proof of financial responsibility
131-17   as required under Section 2 of this article [remitted the
131-18   application fee set by the Texas Department of Insurance in an
131-19   amount not to exceed $50];
131-20               (2)  is a corporation or partnership that:
131-21                     (A)  has at least one officer or director or at
131-22   least one active partner who:
131-23                           (i)  is a resident of this state; and
131-24                           (ii)  has passed the surplus lines license
131-25   examination required under this article;
131-26                     (B)  is currently licensed as a general property
 132-1   and casualty agent under Article 21.14 of this code or as a
 132-2   managing general agent under the Managing General Agents' Licensing
 132-3   Act (Article 21.07-3, Vernon's Texas Insurance Code); and
 132-4                     (C)  provides proof of financial responsibility
 132-5   as required under Section 2 of this article [submitted a completed
 132-6   license application on a form approved by the Texas Department of
 132-7   Insurance]; or [and]
 132-8               (3)  is a nonresident insurance agent authorized under
 132-9   Article 21.11 of this code who holds a general property and
132-10   casualty license from the department and whose authority as a
132-11   surplus lines agent is limited to acting on behalf of a purchasing
132-12   group operating in this state in the placement of liability
132-13   insurance for risks located in this state [passed a qualifying
132-14   examination approved by the Texas Department of Insurance.  If the
132-15   agent is a general partnership or a registered limited liability
132-16   partnership, this examination must be met by each natural person
132-17   acting as a partner in that partnership.  If the agent is a
132-18   corporation, this examination requirement must be met by each
132-19   natural person acting as an officer, director, or shareholder of
132-20   that corporation.  If the agent is a limited liability company,
132-21   this examination requirement must be met by each natural person
132-22   acting as an officer, manager, and member of that limited liability
132-23   company].
132-24         SECTION 6.05.  Subsection (c), Section 4, Article 1.14-2,
132-25   Insurance Code, is amended to read as follows:
132-26         (c)  In addition to the requirements of this article, the
 133-1   administration and regulation of a surplus lines agent's license
 133-2   is governed by Subchapter A, Chapter 21, of this code, except that
 133-3   Article 21.07 of this code does not apply to a license issued under
 133-4   this article.  [Unless the State Board of Insurance adopts a system
 133-5   for staggered renewal of licenses, as provided by Article 21.01-2
 133-6   of this code, each license issued under this section is for a
 133-7   two-year term that expires on December 31; however, the term of the
 133-8   initial licensing period shall expire on December 31 of the year
 133-9   following the year in which the license is issued.  A license may
133-10   be renewed for periods of two years.]
133-11         SECTION 6.06.  Subsection (d), Section 4, Article 1.14-2,
133-12   Insurance Code, is amended to read as follows:
133-13         (d)  If a license holder does not maintain the qualifications
133-14   necessary to obtain the license, the department may revoke or
133-15   suspend the license or deny the renewal of that license in
133-16   accordance with Article 21.01-2 of this code.  [By filing a
133-17   completed written application in the form prescribed by the State
133-18   Board of Insurance and paying the nonrefundable renewal fee set by
133-19   the board in an amount not to exceed $50, an unexpired license may
133-20   be renewed on or before the expiration date of the license.]
133-21                          ARTICLE 7.  REPEALER
133-22         SECTION 7.01.  The following laws are repealed:
133-23               (1)  Subsections (f), (g), and (h), Section 4, Article
133-24   1.14-2, Insurance Code;
133-25               (2)  Section 15, Article 17.25, Insurance Code;
133-26               (3)  Sections 15 and 15A, Texas Health Maintenance
 134-1   Organization Act (Sections 20A.15 and 20A.15A, Vernon's Texas
 134-2   Insurance Code);
 134-3               (4)  Sections 1, 3, 4, and 6, Article 21.01-2,
 134-4   Insurance Code;
 134-5               (5)  Article 21.02-1, Insurance Code;
 134-6               (6)  Article 21.05, Insurance Code;
 134-7               (7)  the following sections of Article 21.07, Insurance
 134-8   Code:             
 134-9                     (A)  Sections 1B and 1C;
134-10                     (B)  Section 3, as amended by Chapters 596 and
134-11   972, Acts of the 75th Legislature, Regular Session, 1997;
134-12                     (C)  Sections 3B, 4, 4A, 5, 7, 8, 9, 10, 10A, 11,
134-13   12, 13, 14, 15, 15A, 16, 17, 18, 19, and 20;
134-14                     (D)  Section 21, as added by Chapter 820, Acts of
134-15   the 75th Legislature, Regular Session, 1997; and
134-16                     (E)  Section 21, as added by Chapter 1196, Acts
134-17   of the 75th Legislature, Regular Session, 1997;
134-18               (8)  Article 21.07A, Insurance Code;
134-19               (9)  Chapter 213, Acts of the 54th Legislature, Regular
134-20   Session, 1955 (Article 21.07-1, Vernon's Texas Insurance Code);
134-21               (10)  the following provisions of the Managing General
134-22   Agents' Licensing Act (Article 21.07-3, Vernon's Texas Insurance
134-23   Code):
134-24                     (A)  Sections 4A, 4B, and 4C;
134-25                     (B)  Subsection (h), Section 5;
134-26                     (C)  Sections 6 and 6A;
 135-1                     (D)  Sections 8, 9, and 10;
 135-2                     (E)  Sections 12, 13, 14, and 15;
 135-3                     (F)  Section 17; and
 135-4                     (G)  Section 20;
 135-5               (11)  Section 14, Article 21.14-1, Insurance Code;
 135-6               (12)  Article 21.15, Insurance Code;
 135-7               (13)  Article 21.15-2, Insurance Code;
 135-8               (14)  Article 21.15-3, Insurance Code;
 135-9               (15)  Article 21.15-4, Insurance Code;
135-10               (16)  Article 21.15-7, Insurance Code;
135-11               (17)  Section 10, Article 21.58A, Insurance Code; and
135-12               (18)  Article 23.23, Insurance Code.
135-13               ARTICLE 8.  GRANDFATHER CLAUSE; TRANSITION
135-14         SECTION 8.01.  On the effective date of this Act, a person
135-15   who holds a license issued by the Texas Department of Insurance
135-16   that is in good standing is:
135-17               (1)  considered licensed under the applicable licensing
135-18   law as amended by this Act;
135-19               (2)  entitled to act as an agent under the new license
135-20   type, subject to this article; and
135-21               (3)  subject to the provisions of the Insurance Code as
135-22   amended by this Act.
135-23         SECTION 8.02.  (a)  A person who, immediately before the
135-24   effective date of this Act, holds an agent license issued by the
135-25   Texas Department of Insurance and who obtained that license by
135-26   passing a written examination, whether administered by the
 136-1   insurance carrier, company, or state testing contractor, is
 136-2   entitled to the appropriate license as provided by Subchapter A,
 136-3   Chapter 21, Insurance Code, as amended by this Act, without further
 136-4   examination.
 136-5         (b)  A person who, immediately before the effective date of
 136-6   this Act, holds an agent license issued by the Texas Department of
 136-7   Insurance before January 1, 1999, and who obtained that license
 136-8   without taking a written examination or who actually solicited
 136-9   insurance on behalf of a stipulated premium company, farm mutual
136-10   company, or county mutual insurance company before January 1, 1999,
136-11   is entitled to the appropriate license as provided by Subchapter A,
136-12   Chapter 21, Insurance Code, as amended by this Act, but must pass
136-13   the appropriate license examination not later than the second
136-14   anniversary of the date of issuance, to retain the license.  The
136-15   license of a person who does not pass the license examination as
136-16   required by this subsection expires on the second anniversary of
136-17   the date of issuance and may not be renewed.
136-18         (c)  A person who, immediately before the effective date of
136-19   this Act, holds an agent license issued by the Texas Department of
136-20   Insurance on or after January 1, 1999, and who obtained that
136-21   license without taking a written examination or who actually
136-22   solicited insurance on behalf of a stipulated premium company, farm
136-23   mutual company, or county mutual insurance company on or after
136-24   January 1, 1999, but before the effective date of this Act, is
136-25   entitled to the appropriate license as provided by Subchapter A,
136-26   Chapter 21, Insurance Code, as amended by this Act, but must pass
 137-1   the appropriate license examination not later than May 31, 2000, to
 137-2   retain the license.  The license of a person who does not pass the
 137-3   license examination as required by this subsection expires on May
 137-4   31, 2000.
 137-5         (d)  A person who has actually solicited insurance on behalf
 137-6   of a stipulated premium company, farm mutual company, or county
 137-7   mutual insurance company for at least 24 months preceding the
 137-8   effective date of this Act is entitled to the appropriate license
 137-9   and any renewal license as provided by Subchapter A, Chapter 21,
137-10   Insurance Code, as amended by this Act, without further
137-11   examination.
137-12         SECTION 8.03.  (a)  The Texas Department of Insurance may
137-13   issue a life, accident, and health license to a person who
137-14   solicited insurance on behalf of a fraternal benefit society
137-15   immediately before the effective date of this Act on submission to
137-16   the department by the person of the following:
137-17               (1)  a certified statement from the fraternal benefit
137-18   society indicating the period of time the person has solicited
137-19   insurance on behalf of the fraternal benefit society;
137-20               (2)  a completed license application form; and
137-21               (3)  a nonrefundable application fee in an amount
137-22   determined by the department.
137-23         (b)  To retain the license issued under Subsection (a) of
137-24   this section, a person who has solicited insurance on behalf of a
137-25   fraternal benefit society for less than two years as of the
137-26   effective date of this Act must pass the license examination
 138-1   required under Subchapter A, Chapter 21, Insurance Code, not later
 138-2   than the 180th day after the  date of issuance of the license.  The
 138-3   license of a person who does not pass the license examination as
 138-4   required by this subsection expires on the 180th day after the date
 138-5   of issuance of the license and may not be renewed.
 138-6         SECTION 8.04.  Notwithstanding any other law, the contract of
 138-7   a surety who guarantees the promise of a bonded principal to appear
 138-8   in court as directed by the court must provide that:
 138-9               (1)  the surety is not liable based on a default by the
138-10   principal until the first anniversary of the date on which the
138-11   court declares that the principal is in default; and
138-12               (2)  the liability of the surety is fully discharged
138-13   if:
138-14                     (A)  it is shown that, before the first
138-15   anniversary of the date on which the court declares that the
138-16   principal is in default, the principal is placed in custody in any
138-17   jurisdiction; or
138-18                     (B)  the surety presents evidence satisfactory to
138-19   the court of any other good cause for the principal not being
138-20   present in court as directed.
138-21            ARTICLE 9.  EFFECTIVE DATE; TRANSITION; EMERGENCY
138-22         SECTION 9.01.  (a)  This Act takes effect September 1, 1999.
138-23         (b)  Section 3, Article 21.01-1, Insurance Code, as amended
138-24   by this Act, applies to continuing education requirements for
138-25   insurance agents for a renewal of a license that occurs on or after
138-26   January 1, 2001.
 139-1         SECTION 9.02.  The importance of this legislation and the
 139-2   crowded condition of the calendars in both houses create an
 139-3   emergency and an imperative public necessity that the
 139-4   constitutional rule requiring bills to be read on three several
 139-5   days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 956 passed the Senate on
         April 26, 1999, by a viva-voce vote; and that the Senate concurred
         in House amendments on May 30, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 956 passed the House, with
         amendments, on May 23, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor